Case Results

$6.5 Million Settlement for Victim of Medical Malpractice

$6.5 million Central Pennsylvania settlement for 21-year-old who suffered a stroke due to aplastic anemia as a child. In 2007, our client suffered a brain bleed which required urgent brain surgery and additional treatment due to the swelling and injury to his brain tissue. Unfortunately, he suffered permanent left-sided weakness, visual issues, and other catastrophic injuries from which he will suffer for his entire life. This extremely complex medical negligence case involved two major medical centers and a number of physicians. Our medical malpractice team at Shrager, Sachs, & Blanco assembled world class experts from around the country, including Ivy League hospitals, and ultimately convinced lawyers for the settling parties that this case presented extraordinary damages. The case was pending in Berks County and, to our knowledge, it is one of the largest medical malpractice settlements ever in Berks County.

$4 Million Settlement for Birth Injury

Our attorney led the legal team representing a girl who was severely injured during labor and delivery. A series of mistakes led to a gestation period more than a week longer than is appropriate. Despite the delay and complaints from her mother that her water had broken, doctors left her to labor for hours without emergency care or appropriate monitoring. Unfortunately, a badycardia – a severe reduction of the baby’s heart rate – occurred, and the baby went without oxygen for more than 20 minutes.
The girl – now 17-years-old – suffers from cerebral palsy and mental retardation and requires constant care. Her family can now purchase a home to accommodate her disabilities and establish a special needs trust for her future care.

Settlement for Truck Driver

Our attorney negotiated a $3.2 million settlement for a truck driver who was injured when he was hit with 1,300 pounds of cargo that fell from his flatbed trailer. In the course of delivering 18 rolls of landfill liner to a landfill, a landfill forklift operator began to unload one of the 1,300 pound rolls. The forklift operator acknowledged that he did not have a spotter at the time, and he also acknowledged that he “attacked” the top roll to force the prongs of the fork under that roll. Unfortunately, the forklift driver was not able to lift the top roll, and it fell from the top of the trailer onto the truck driver’s head. The force of the roll dislocated and fractured his spine and fractured his pelvis in three different places. He required complex orthopedic and neurosurgical procedures to place screws and rods in his spine. He is now disabled and cannot drive work. He has constant pain and is only able to walk short distances. Our attorney negotiated a settlement that included a lump sum cash payment and the purchase of a structured settlement annuity, which will pay the client a total of $6,000 each month for the rest of his life.

Verdict for Infant’s Brachial Plexus Injury

Our attorneys obtained a jury verdict of $2,289,856 for an infant and his family. During the course of his delivery, the baby developed shoulder dystocia – a condition in which the baby’s shoulder becomes lodged against the mother’s pelvis after the head has already been delivered. Our attorneys argued that the injury occurred because the doctor used improper techniques and excessive traction to dislodge the shoulder, causing several major nerves in the brachial plexus to be torn from the baby’s spinal cord. Our attorneys were able to show the jury that the baby had been turned 180 degrees after the shoulder impacted but before any of the standard maneuvers had been performed. We argued that the tearing of the baby’s spinal cord nerves occurred during the course of the turn and was the result of excessive traction applied to the baby’s head. The jury returned an award of nearly $2.3 million dollars for the baby, who has severe and permanent movement limitations in his right hand and arm.

$1.45 Million Settlement for Neurosurgical Malpractice

Our client had back surgery performed at a northeast Pennsylvania hospital and following the surgery he developed all of the classic signs of ongoing pressure on the spinal cord, known as “cauda equina” syndrome.
Despite the fact that every other consulting physician involved in our client’s care suggested the possibility of cauda equina syndrome, the attending neurosurgeon insisted that our client was experiencing normal post-operative pain. He was discharged from the hospital without any diagnosis.
He was returned less than 24 hours later and his condition continued to deteriorate. His neurosurgeon refused to have him admitted to his medical service and he was admitted to a different doctor’s service. His neurosurgeon did perform a “consultation” and again repeated his opinion that it was normal post-operative pain. When our client was finally sent to a habituation facility, the physician there evaluated him and immediately concluded that he needed to be transferred to Thomas Jefferson University Hospital in Philadelphia for treatment of presumed cauda equina syndrome.
Despite his transfer to Philadelphia and surgery, he was left with permanent and embarrassing inability to control his bowl and bladder. Shrager, Sachs, & Blanco retained multiple expert physicians, including a neurosurgeon and worked closely with his team of treating physicians from Thomas Jefferson University Hospital to prepare this case for trial. This case settled after two different attempts at non-binding mediation before a retired Judge.

$1 Million Settlement for Pedestrian Injured in Truck Accident

Our attorneys obtained a $1 million settlement for a pedestrian injured by a cement truck. When an out-of-control cement truck skidded off the road, over the curb and into a heavy, decorative street light, the street light fell on the pedestrian, knocking him unconscious. The driver claimed a “phantom vehicle” had pulled into her lane and forced her to “lock up” her truck. Photos of 145-foot skid marks showed the path of the truck as it veered directly toward the sidewalk. The pedestrian was an avid musician and skilled high school athlete who was looking forward to applying to college in the fall. The accident left him with multiple skull fractures, profound and permanent hearing loss and a traumatic brain injury.

Settlement for Two-Year-Old’s Death

Our attorney represented the parents of a two-year-old girl who passed away following admission to the hospital to treat gastritis. Her death was the result of a seizure that stemmed from improper fluid management.
Though the hospital and physicians vigorously defended the case, using experts who claimed she died of a massive and untreatable infection, our attorney was able to demonstrate that the child’s symptoms as relayed by her parents were not recognized. Tragically, the overnight nurse’s notes were not contemporaneously recorded but were entered into the hospital’s computer system the following day. The girl’s parents were grateful that the court recognized that they had alerted hospital staff of their daughter’s deteriorating condition throughout the night.

$750,000 Settlement for Spinal Injury During Epidural Injection

Our attorney successfully negotiated a $750,000 settlemnt for an 86-year-old man who was paralyzed following the removal of an epidural catheter. Following colon surgery, an epidural catheter was inserted into his back to administer pain medication. After a nurse removed the catheter, he began to lose sensation in his legs. Despite clear indications that something had gone wrong, no treatment was initiated until the next morning. Our attorney argued that the failure to recognize and treat the hematoma – blood clot – that was pressing on the patient’s spinal cord was a clear violation of proper medical care that led to the permanent loss of function. He lost sensation below the waist, which remained until he passed away within the year.

$425,000.00 Settlement for York County Intersectional Collision

Our client had the undisputed right of way when a retired health care professional pulled across her lane of traffic directly in her course of travel. The defendant claimed that he had been “waived on” by another vehicle which was stuck in traffic in the lane opposing our client’s direction of travel. He nevertheless agreed that before pulling out in front of our client, he never checked to assure himself that there was no traffic coming from our client’s direction of travel. As a result of these injuries, our client was forced to stop working and she underwent multiple surgeries for occipital neuralgia. Our client was formerly a very active individual and multiple witnesses supported her testimony that she went to the gym several hours a day nearly 5 days a week. Her level of activity changed dramatically and permanently as a result of these injuries.

$425,000 Settlement for Complex Regional Pain Syndrome from Nerve Injury Caused During Routine Blood Work

Our attorneys obtained a $425,000 settlement for a 35-year-old man who suffered nerve injury during a routine blood draw. The hospital’s outpatient laboratory did not appropriately train its phlebotomy staff that if the initial blood stick did not produce blood that the needle needed to be withdrawn rather than simply trying to move the needle around.
Once it was apparent that there was a potential nerve injury, the phlebotomy staff should have had the patient seen by a physician; instead, he was sent home and told that his pain would subside within a few days. When he finally visited a physician, he had developed complex regional pain syndrome, a painful condition though to involve the sympathetic nervous system and former referred to as Reflex Sympathetic Dystrophy.

$360,000 Settlement for Electrician’s Fall from Lift-Truck

Our attorney obtained a $360,000 settlement for an electrician who was severely injured while servicing traffic lights from a lift-truck. A large refrigerated truck struck the bottom of the lift-truck’s bucket, throwing the electrician 20 feet to the street. His head struck the roadway, fracturing his skull and rupturing a tendon in his wrist. The defendant denied liability and blamed the electrician for not wearing a harness while working aloft in the bucket. A miraculous recovery allowed him to return to work just eight months after the accident.

$350,000 Settlement Against Hershey Medical Center

Our attorneys represented the widow of a man who died as a result of medical negligence at Penn State’s Milton S. Hersey Medical Center. He was admitted to the center for rehabilitation following a work accident. After falling out of bed at the center, his medical condition worsened, resulting in his death.

$250,000 Verdict for Head-On Collision

Our attorney won $250,000 for a man who was injured in a head-on collision.
The injured driver was returning from a family vacation when he was struck by an intoxicated driver heading southbound in the northbound lanes. Though the drunk driver died, our attorney pursued the driver’s estate to win compensation for his client’s fractured right thigh.

Settlement for Slip and Fall Injury

Our attorneys obtained a $175,000 settlement for an 85-year-old woman injured during a fall. She suffered a broken hip and wrist after falling down a flight of stairs, and our attorneys were able to show that the defendant had failed to install proper handrails as required by the Philadelphia Property Maintenance Code. They also presented evidence that safety guidelines recommend handrails for the elderly because they need additional assistance to maintain balance and confidence while walking down stairs.

Lawyers Ask for Stay of Litigation in Diet Drug Litigation

Wyeth and certain lawyers representing thousands of filed lawsuits have jointly asked the Philadelphia Federal District Court to approve a stay of litigation to allow the parties to move forward with a settlement process that is expected to resolve thousands of lawsuits. The stay which has been requested will only apply to those plaintiffs who wish to participate in the process and can be automatically lifted if the settlement process does not result in a final settlement.

According to the documents which have been filed, Wyeth will negotiate with individual law firms to resolve their cases using one of two models: either an expedited pay option, which requires less documentation and is designed to result in quicker payments; or a methodology using a settlement grid which characterizes medical conditions by age and nature of injury, which allows for payments accordingly. Joining Wyeth in making this motion is Wayne R. Spivey, previous partner with Shrager, Sachs, & Blanco.

“The two settlement vehicles which have been negotiated represent a fair resolution to what has been very contentious litigation,” said Attorney Spivey. “Law firms representing thousands of claimants have already indicated a desire to participate and we expect many more will make this election by the deadline. Except for cases which are immediately set for trial, Wyeth has shown little interest in resolving cases using any other procedure.”

“I think this is a reasonable compromise of difficult litigation and will allow thousands of people and Wyeth to avoid the uncertainties of trying to resolve this many lawsuits,” said Kip Pertoff. “I intend to recommend this to all of my clients.” Jim Morris of the Provost & Umphrey law firm in Texas said, “I am pleased that a resolution is occurring that provides fair compensation for all of our clients.”

Wyeth recently committed to contributing an additional $1.275 billion to the original national diet drug settlement separately funding a payment vehicle referred to as the Seventh Amendment. A hearing with respect to the fairness of the Seventh Amendment is scheduled, and it is widely expected that the judge will approve it. Together with the initiation of the settlement process, the Seventh Amendment judgment may be a significant step in bringing the diet drug litigation to a conclusion.

Multi-Million Dollar Settlement for a man who had an undiagnosed spinal epidural abscess

Our attorney’s negotiated a multi-million dollar settlement for a man who had an undiagnosed spinal epidural abscess and became paralyzed over a four day hospital stay during which his physician failed to treat this neurosurgical emergency. By the time our client was transferred to a referral hospital, his neurologic function was permanently lost. Every nurse involved in our client’s care carefully documented the slow loss of function which was the hallmark of our client’s worsening condition. Despite these clear nursing observations, the physician never properly diagnosed our client. The facts of the case and the exact amount of the settlement are confidential based on the terms of the settlement. Our client, who was injured in a community hospital in the northern tier of Pennsylvania, was living independently before the malpractice and following the negligence he is totally dependent on others for his activities of daily living.
Shrager, Sachs, & Blanco was able to work with specialized lawyers to maintain our client’s eligibility for Medicare through the use of a “special needs trust” so that our client’s needs will continue to be met with the possibility of reimbursement to the Commonwealth after our client passes away.

Six-Figure Settlement for Diabetic’s Death from Administration of Wrong Medication

Our attorneys represented the family of a 62-year-old diabetic who also suffered from significant kidney disease. After being admitted to a hospital with dizziness attributed to low blood sugar, staff used improper testing methods to determine his blood sugar levels and subsequently administered insulin that caused him to fall into a diabetic coma. He never woke up and died soon thereafter.

Six-Figure Settlement for Severe Nursing Home Neglect

Our attorneys represented the estate of a 74-year-old woman who was chronically ill with end-stage lung cancer. During her ten months at a nursing home, she suffered severe pressure sores, dehydration, poor nutritional management, infection, poorly managed pain, poor hygiene, contractures and continual abuses to her well-being and dignity. She finally died as a result of sepsis, acute renal failure and cancer. Our attorneys were able to secure a confidential settlement for her family.

Six-Figure Settlement for Tractor-Trailer Driver Rear-Ended by Another Truck

Our attorneys successfully represented a tractor-trailer driver who was rear-ended by another tractor-trailer. After the first driver encountered engine trouble, he turned on his four-way safety flashers to alert other vehicles to his slowed speed. Our attorneys were able to prove during depositions that the rear-ending driver has broken requirements and guidelines of the Federal Motor Carrier Safety Regulations and Pennsylvania Commercial Drivers’ Manual by overdriving his headlights and driving too fast for the circumstances. Despite the rear-ending driver’s insurance company’s claims that the accident was a result of the driver suffering a heart attack, the defense was abandoned when our attorneys demanded the driver’s qualification file, which would have contained all of his underlying medical records.

Settlement for Family of Motorcyclist for Fatal Accident

In a highly challenging fact pattering, our attorney was able to obtain a settlement following mediation on behalf of the widow of a lifetime motorcyclist who died in an accident involving a truck. The cyclist struck the rear of a tri-axle truck after it entered a two-lane highway in Schuylkill County after leaving the site of a former coal mine. Investigators at the scene quickly concluded that the cyclist was at fault, which his children failed to accept. His children went to the scene of the accident to photograph trucks entering the coal mine site and the rear lights of the truck. Photographs showed billowing clouds of dust, which could have obscured the cyclist’s view of oncoming traffic. Attorney Sachs was able to show that the truck’s driver had failed to properly perform a pre-trip inspection to make sure all of his vehicle’s lights were clean to maximize the ability of oncoming traffic to see him in situations with lower visibility. When our attorney took the sworn testimony of the driver, he denied that his truck had created any sort of dust cloud which could have impaired his view. When our attorney confronted him with photos of similar dust clouds, his credibility and veracity were seriously undermined. Our attorney was able to negotiate a settlement for the cyclist’s family in the face of facts which other attorneys had deemed hopeless.

Significant Settlement for Truck Accident

Our attorney obtained a substantial settlement for a husband and wife injured in an accident with a tractor trailer. The wife sustained severe liver damage, and a portion of her liver had to be amputated. If the case had gone to trial, the wife’s surgeon would have argued that similar injuries have a 75 percent fatality rate. She still suffers injuries that will require surgery to release scar tissue which causes bowel problems.
Our attorney resolved a lengthy mediation session before the case was scheduled for trial.

Six-Figure Settlement in Trip and Fall on Handicapped Ramp

Our attorneys obtained a six-figure settlement for a man who suffered a trimalleolar fracture – breaking of the three ankle bones – in a trip and fall while walking on a negligently designed handicap ramp at an outlet mall. Through discovery, our attorneys were able to prove that the cement contractor knew that the beveled sides were far steeper than normal, but he believed that the mall owner had contracted to duplicate a prior defective design rather than construct safer ramps.

Settlement for Family of Motorcyclist for Fatal Accident

In a highly challenging fact pattering, our attorney was able to obtain a settlement following mediation on behalf of the widow of a lifetime motorcyclist who died in an accident involving a truck. The cyclist struck the rear of a tri-axle truck after it entered a two-lane highway in Schuylkill County after leaving the site of a former coal mine. Investigators at the scene quickly concluded that the cyclist was at fault, which his children failed to accept. His children went to the scene of the accident to photograph trucks entering the coal mine site and the rear lights of the truck. Photographs showed billowing clouds of dust, which could have obscured the cyclist’s view of oncoming traffic. Our attorney was able to show that the truck’s driver had failed to properly perform a pre-trip inspection to make sure all of his vehicle’s lights were clean to maximize the ability of oncoming traffic to see him in situations with lower visibility. When our attorney took the sworn testimony of the driver, he denied that his truck had created any sort of dust cloud which could have impaired his view. When our attorney confronted him with photos of similar dust clouds, his credibility and veracity were seriously undermined. Our attorney was able to negotiate a settlement for the cyclist’s family in the face of facts which other attorneys had deemed hopeless.

Six-Figure Settlement for the Family of Nursing Home Resident

Our attorneys represented the family of an 87-year-old nursing home resident who fractured his hip. He was transferred to a hospital where the emergency room physician failed to properly read his X-ray. The physician failed to diagnose the seriousness of the man’s injury and returned him to the nursing home without adequate treatment. At the nursing home, he exhibited an increased respiratory rate, increased heart rate and decreased alertness – all of which are significant symptoms of internal bleeding.
Staff at the nursing home failed to notice his symptoms until he was found unresponsive. He was transferred to another hospital where he soon died.
The terms of the settlement are confidential.

Mid-six figure settlement for truck driver injured in roll-over

Our attorney has recently settled a Pennsylvania truck accident case on behalf of a professional driver who was injured when the parked truck in which he was a passenger was hit by another truck and rolled over.
Our client was driving on I-80 in Clinton County, Pennsylvania, in heavy rain when his truck jack-knifed, skidded off the highway, and rolled over.
A second truck, acting as a Good Samaritan, stopped to help our client climb from his truck and seek shelter until the police arrived. Seconds after the police arrived and parked behind the second truck, a third truck also skidded, jack-knifed and hit the second truck which was parked with its emergency flashers on in the breakdown lane. As a result of the impact, the truck where our client was a passenger also rolled over. The Good Samaritan driver who stopped to help our client was thrown from the driver’s seat onto our client in the passenger seat. Unfortunately, the Good Samaritan was quite large and when our client tried to stop the driver from falling onto him, he injured both shoulders. Since that wreck, our client has not been able to return to work as a professional driver and he has had multiple surgeries to treat his injured shoulders. This case was difficult because we had to convince the third truck’s insurer that they should settle with our client despite the fact that their driver had lost control just where our client did. We successfully argued that the rules of evidence would likely preclude admission of why our client’s truck became disabled.

Six-Figure Settlement for Family of Fall Victim

Our attorneys represented the estate of an 82-year-old man who was admitted to a hospital with complaints of pain, confusion and difficulty walking.
The hospital poorly evaluated the man and failed to realize the high risk he presented. Unsupervised, he was allowed to fall and suffer serious and painful injuries that led to his death. His autopsy found blunt force chest trauma that included seven fractured ribs. Our attorneys were able to secure a significant confidential settlement for the man’s family.

Six-Figure Settlement for Failure to Treat 90-Year-Old’s Infection

Our attorneys represented the estate of a 90-year-old nursing home resident who died after an untreated infection worsened. Our attorneys argued that the nursing home’s failure to keep a sterile environment directly led to the infection, and in addition to the lack of sterility, staff failed to recognize the infection. The delay in treatment allowed the infection to worsen and eventually caused the woman’s death.

Six-Figure Settlement for the Family of Nursing Home Resident

Our attorneys represented the family of an 87-year-old nursing home resident who fractured his hip. He was transferred to a hospital where the emergency room physician failed to properly read his X-ray. The physician failed to diagnose the seriousness of the man’s injury and returned him to the nursing home without adequate treatment. At the nursing home, he exhibited an increased respiratory rate, increased heart rate and decreased alertness – all of which are significant symptoms of internal bleeding.
Staff at the nursing home failed to notice his symptoms until he was found unresponsive. He was transferred to another hospital where he soon died.
The terms of the settlement are confidential.

Significant Settlement in Fatal Blast

Our attorneys obtained a substantial settlement for the family of a man killed in one of Pennsylvania’s worst chemical explosions. The complex litigation involved more than a dozen separate cases spread over two counties.
Our Attorneys retained a former chemical industry executive who offered his opinion that the “responsible care” program the company adopted established a duty on both the producer and the purchaser to maintain safety. Our attorneys negotiated a substantial resolution for the family of the only non-employee victim.

Six-Figure Settlement for Failure to Prevent Nursing Home Resident’s Death from Numerous Falls

Our attorneys represented the estate of an elderly dementia patient whose behavioral disturbances included delusions, glaucoma resulting in impaired vision, diabetes mellitus, deep venous thrombosis, and depression. She suffered multiple falls because she was not provided the necessary fall precautions and supervision required to keep her safe. The last fall resulted in a fractured hip, which led directly to her death.

Substantial Six Figure Settlement for Subsequent Pulmonary Embolism

Our client was a warehouse manager in a large beer bottling facility in the Lehigh Valley. At approximately 4:00 am when our client reported to work he was struck at an intersection of two aisles within the warehouse by a large forklift. His initial injuries were fractures and a significant “degloving” injury to his thigh. He was admitted to the hospital for nearly a week for the initial orthopedic and skin injuries. He remained under the care of a trauma surgeon and when the “degloving” injury did not heal after a month, he was brought back into the hospital to remove fluid and for a complex plastic surgical procedure to repair a large area of the skin on his thigh. Following this procedure, he had to remain immobile so the skin graft could properly heal. The first time he got up following this procedure, he sustained a pulmonary embolism and died. He was survived by two adult children and his wife. Although our client was in his mid-60’s, he had planned to continue working at least until the age of 70. Because of limitations under the workers compensation laws, our client’s estate was not able to pursue his employer or the co-employee forklift driver. This product liability case focused instead on an inventory control monitor which was mounted on the front pillar of the forklift and the outside company that had installed that monitor on the forklift. Our theory was that the monitor had partially blocked the forklift operator’s vision and prevented him from seeing the pedestrian in the intersection of the aisles.

Managing Partner Sachs Proves Substantial Hearing Loss from Airbag Deployment

Our attorney represented a college professor in his mid-80s in what first appeared to be a standard motor vehicle accident claim. The professor’s car was struck on the driver’s side door by a car that had run a red light, and investigating officers concluded the other driver was at fault. Despite obvious liability on the part of the other driver, the professor recovered from his obvious physical injuries quickly. As our attorney worked on the claim, he learned that the professor’s hearing in his left ear became worse after the accident. Based on his prior experience with airbag injuries, our attorney was able to prove that the professor had permanent hearing loss as a result of the airbag’s deployment.
Hearing loss in his left ear was made acutely worse because the professor had already lost hearing in his right ear as the result of a childhood illness. As a frequent lecturer who maintained an active teaching load, the injury to his hearing was far more substantial than the obvious physical injuries he suffered in the accident.

Lawyers Ask for Stay Processing and Payment of Least Serious Diet Drug Claims

In a joint motion, Wyeth, National Class Counsel and counsel for a number of individual class members in the national diet drug settlement – including Shrager, Sachs, & Blanco partner Wayne R. Spivey – moved to stay for 60 days the processing and payment of the least serious but most numerous claims – those designated Matrix Level I or II claims. The proposed stay would provide the parties with an opportunity to draft and submit to the court a Seventh Amendment to the settlement agreement that would create a new claims processing structure, funding arrangement and payment schedule for less serious claims. The proposed amendment would require the court’s approval as well as final agreement by Wyeth. If finalized and approved, the proposed Seventh Amendment would include the following key terms:

1. The Amendment would create an alternate claims facility to process the least serious claims – designated Matrix Level I or II claims – under the national diet drug settlement. The national settlement is administered by the AHP Settlement Trust, which is a separate legal entity and operates independently of Wyeth.
2. Following final approval by Wyeth and the courts, Wyeth would ultimately deposit $1.275 billion into the alternative claims facility, which would be run by a claims administrator approved by the court. All current Matrix Level I and II claimants who pass medical review would receive a pro rata share of this amount, which would vary depending upon the number of claimants, the nature of their claims, their age and other factors.
3. Class members would have the right to opt out of the Seventh Amendment and to remain bound by the terms of the existing national settlement.
   Wyether, however, would have the right to withdraw from the Seventh Amendment if participation by class members is inadequate for other reasons. All class members who participate in the Seventh Amendment would give up any further opt-out rights.

According to Lawrence V. Stein, Senior Vice President and general counsel for Wyeth, “If the Seventh Amendment is finalized and approved by the court, and if there is full participation by class members, the amendment would expedite payments and could provide a degree of certainty for Wyeth regarding the ultimate resolution of Matrix Level I and II claims. More importantly, the Seventh Amendment would increase the likelihood that class members with approved claims will receive compensation within the national settlement.

Significant Verdict for Laparoscopic Surgery Injury

Our attorney obtained a six-figure verdict for a risky repeat laparoscopic surgery. After a one-week trial, the jury found that the plaintiff’s gynecologist was negligent to repeat a laparoscopic uterosacral nerve ablation because of the procedure’s risk to adjoining structures.
The repeat surgery injury the plaintiff’s ureter – the structure that connects the kidney to the bladder – causing urine to leak inside her body. She was hospitalized, forced to undergo multiple corrective procedures and had to use a nephrostomy tube and urine collection bag for nearly a year. According to the Pennsylvania Supreme Court, this is only the fifth time in a decade that a plaintiff has won a medical malpractice trial in York County.

Significant Settlements in Laparoscopic Tubal Litigation

Our attorney obtained settlements for two women injured during laparoscopic tubal ligation procedures. Both clients received serious vascular trauma to the right iliac artery and vein as a result of instrument penetration by the gynecological surgeon. Both women had their procedures performed in outpatient clinics. One such clinic had an inadequate blood supply, and nurses were dispatched to the local hospital for more blood. After a lengthy repair procedure, one woman has recovered without lasting complications.
The other woman’s surgeon was unable to save the right iliac artery and a bypass was performed using a gortex artificial vessel to take blood from the left femoral artery and reintroduce it to the right leg to revascularize the client’s right leg. Though she was without vascular complications years after the intra-operative trauma, experts agree that there are no statistics on the longevity of gortex grafts in young patients.

Disconnected Dialysis Line Leading to Death Results in Six-Figure Settlement

Our attorneys represented the estate of an 86-year-old central Pennslvania woman who passed away when her dialysis line became disconnected, causing massive blood loss and her death. The cause of death was hemorrhagic shock as a result of “therapeutic misadventure” according to the coroner.
This case was resolved just after the complaint was filed beginning the lawsuit. The amount of the settlement as well as the parties’ names are confidential pursuant to the terms of the settlement.

Significant Settlement in Fatal Blast

Our attorneys obtained a substantial settlement for the family of a man killed in one of Pennsylvania’s worst chemical explosions. The complex litigation involved more than a dozen separate cases spread over two counties.
Our Attorneys retained a former chemical industry executive who offered his opinion that the “responsible care” program the company adopted established a duty on both the producer and the purchaser to maintain safety. Our attorneys negotiated a substantial resolution for the family of the only non-employee victim.

Six-Figure Settlement for Death of Over-Medicated Resident

Our attorneys represented the estate of an 80-year-old assisted living resident who was prescribed potent anti-psychotics by a doctor who never examined her. After exhibiting slight agitation, the facility contacted a doctor who prescribed first Seroquel and then Ativan for the resident without ever examining her. Our attorneys argued that the combination of medications amounted to chemical restraints that directly led to the resident’s fall, hip fracture, and eventual death.

Substantial Settlement for Failure to Diagnose Laryngeal Cancer

Our attorney obtained a significant settlement for a woman who died as a result of undiagnosed laryngeal cancer. He had been under the care of ear, nose and throat doctors for years, and he consistently complained of hoarseness. Despite two earlier biopsies, no diagnosis was ever made by his doctors. Within ten days of his last visit, he was seen by a separate physician who immediately diagnosed the laryngeal carcinoma and initiated appropriate treatment. Unfortunately, treatment came too late, and he died from complications of the carcinoma.

Six-Figure Settlement for Laparoscopic Injury

Our attorney obtained a six-figure settlement for an injury to his client’s right and left hepatic ducts during a laparoscopic gall bladder removal surgery. The injury occurred at the base of the liver, causing a bismuth 4 injury – the most serious type of bile duct injury caused by negligent laparoscopic gall bladder surgery.

Six-Figure Award for Failure to Diagnose Foot Injury

Our attorneys won a high six-figure award for a mother who fell and injured her foot at work. Her medical care provider failed to properly diagnose the seriousness of her injury, and a subsequent medical provider also failed to provide her with adequate treatment. The woman eventually required surgery to treat her injury and she now suffers a permanent physical disability.
Our attorneys were able to obtain a significant six-figure award from her medical provider for the failure to diagnose her injury.

Seven-Figure Recovery for Truck Driver Crushed by 90-Ton Crane

Our attorneys resolved a claim against a crane operator and crane owner for the death of a tractor trailer driver. The driver worked in a plant that manufactured multi-ton components for the construction industry.
Materials were off-loaded from the driver’s truck by a crane. On the day of the incident, the crane was rented from an outside company.
While off-loading the materials, the crane suddenly tipped onto its outriggers and collapsed. As the crane fell, the body of the crane hit the cab of the driver’s truck, crushing the cab and trapping the driver. The case was vigorously defended by the crane operator and his employer, the crane rental company. Both denied responsibility and challenged whether there was any legal basis for a finding or pain and suffering for the driver’s estate. Our attorneys retained two crane safety experts, one of the nation’s best forensic animators for a detailed recreation animation and worked with leading forensic pathologists to prove that the autopsy results confirmed the driver had tragically survived the initial crushing only to die of asphyxiation when the crushed roof prevented him from breathing. Our attorneys were able to settle the claim before trial for an undisclosed sum.

Six Figure Recovery in Medical Malpractice Case

Managing partner, Rob Sachs, recently concluded a central Pennsylvania medical negligence case on behalf of the estate of a client from New York involving allegations of the failure to administer proper prophylactic treatments for deep venous thrombosis (blood clots) which traveled through our client’s body and caused a fatal pulmonary embolus. This case was initially referred to Shrager, Sachs, & Blanco in order to investigate an automobile collision. Shortly after the collision, our client was cited by the investigating police officer because it appeared that he had failed to yield the right of way at a stop sign. In fact, our investigation required the hiring of an expert who traveled to Ohio and downloaded data from the “black box” of the striking vehicle, and we were able to prove that the other car was going 72 miles an hour in a 40 mile an hour zone. After prevailing in the auto case, we pursued a medical malpractice action because although our client’s injuries were serious, he was expected to recover fully. Just two days before his discharge from rehabilitation, he suffered the fatal pulmonary embolus and passed away. He was survived by two young daughters and his wife of many years. This case resolved in the upper six figures prior to the commencement of trial.

Mid-Seven Figure Settlement for 86-Year-Old Struck by SUV

Managing partner, Rob Sachs, resolved a catastrophic injury case in Philadelphia County for a remarkably active octogenarian after she was struck by an SUV owned and operated by a major local corporation. Our client was crossing the street in the crosswalk and had a green light when an oncoming vehicle turned left and knocked her to the ground. Her right hip was fractured when she struck the road, and her left lower leg was run over by the SUV. Seconds later the panic-stricken driver thought his truck was on our client, so he backed up and ran over her leg again. Our client remained conscious and alert throughout this harrowing ordeal. Because Shrager, Sachs, & Blanco was retained promptly, we were able to immediately survey the scene and recover surveillance video from an office building on the corner which clearly showed the whole accident – including the rollover/back-up over our client’s left leg. Incredibly, the SUV also had a “dashcam” which also videoed the whole event with audio. In preparation for mediation, we worked with a filmmaker to combine the two videos into a single screen and synchronized the views to the common audio from the dashcam to create a devastatingly effective piece of demonstrative evidence. Our client was hospitalized for 40 days and required multiple surgeries and skin grafts. Despite multiple fractures in her lower leg and a “degloving” injury (her skin was pulled away from almost her entire lower leg), our client did not require an amputation. Her orthopedic surgeon described her ability to recover the ability to walk with a rolling walker as proof that her mental fortitude was a “force of nature.” In a settlement video interview, he explained that he had expected that she’d require an amputation. Her hip fracture has healed but, because she has such a petite frame, the rod inserted in her femur is too long and she has extraordinary pain with every step she takes and even at rest. She has been forced to move out of the home she and her late husband shared for nearly 60 years and will likely spend the rest of her life in senior housing. The case resolved just 13 months after this life-altering injury – despite the COVID crisis – with the assistance of mediator Jerry Roscoe, from JAMS in Philadelphia.

Upper Seven Figure Confidential Settlement of Melanoma Death Case for 44-Year-Old Man

Rob Sachs, along with out of state co-counsel, litigated for five years, in both state and federal court, with three intervening appeals, before settling this medical malpractice case on behalf of a 46-year-old man who died from metastatic melanoma. The upper seven figure is confidential in accord with the settlement agreement. The defendant was a hospital in central Pennsylvania. Our client had an unusual, but not unknown, melanoma which grew as a non-healing ulcer on the bottom of his foot. He initially treated with a podiatrist out of state who erroneously told him the biopsies were negative when they were actually positive for melanoma in situ – a condition which is nearly 100% curable. Later that year when he went to the Pennsylvania hospital, he explained that his biopsies from earlier in the year had been negative – just as he’d been told. Just to be certain, that hospital requested a copy of the out of state records. He returned a total of four times over 2 ½ months for treatment. Throughout that time, his out of state biopsy records never arrived. Meanwhile, his non-healing foot wound had appeared to be closing, so he did as he’d been instructed during his last visit, and did not return for his follow up appointment. Forty-eight hours after his last appointment, the pathology records arrived. They were scanned into his electronic medical record (EMR) by a clerk, but sadly notification of their arrival was never sent by that clerk to his doctor or to the physician’s assistant who had also seen him. To compound the error, the EMR system had been set up without opting for any automatic in-box notifications to the doctor when requested records from outside providers arrived. Either the clerk or the computer could easily have shared life-saving information for our client with his care team. The very information which could have saved his life was in the defendant hospital’s records, but never viewed by our client’s doctor or the physician’s assistant. Shrager, Sachs, & Blanco attorney Theresa Blanco, one of Pennsylvania’s premier medical malpractice litigators, oversaw extensive discovery on the “audit trail” to determine every person who saw and had access to the biopsy records. Through that work we were able to show that after they were scanned into the file, nobody looked at them again until the first lawsuit was filed. Over the 20 months after he was last seen at the defendant hospital, he continued to seek treatment with other providers – all the while believing that his biopsies had been negative. After twenty months, an astute podiatrist in the Lehigh Valley recognized that he likely had cancer. Unfortunately, by the time he was diagnosed, his cancer had “metastasized” and spread throughout his body. Even with a partial amputation of his foot, brain radiation for tumors from the cancer, surgery to remove lesions in his abdomen, and a valiant battle which utilized all the latest cancer treatments, he survived only 4 ½ years before succumbing to the cancer one month before his 47th birthday. He is survived by his wife and teenage daughter.

For the Estate of a 44-Year-Old Woman with a Delayed Diagnosis of a Spinal Epidural Abscess which Rendered Her a Quadriplegic Leading to Death

Rob Sachs settled a complex medical malpractice case on behalf of the estate of a woman who went to her local hospital with neck pain, a large, warm, red lump on her upper back, and with her head tilted to the side because it hurt too much to hold it upright. She first went to the Emergency Department and was discharged with a diagnosis of “torticollis”. Sadly, a CT scan ordered during that visit was misread and should have been interpreted as showing the spinal epidural abscess. Instead, she was sent home with pain pills. Two days later, after she collapsed at home, she returned to the hospital in an ambulance and was evaluated in the emergency room by a different doctor who admitted her to the hospital and called in a neurologist for consultation. That neurologist was a temporary doctor from South Dakota who was earning extra money working as a “locum tenens” doctor at the southwestern Pennsylvania hospital. Over two days, despite an MRI and an MRI with contrast which were both properly interpreted and described a possible spinal epidural abscess (literally an infection adjacent to the spine which, if unchecked, could put pressure on the spinal cord causing paralysis), neither the neurologist or anyone else at the hospital diagnosed her condition. By the next morning, she began to lose function in her arms and legs. Only after she was well on the way to total quadriplegia (paralysis in all four extremities) did the neurologist agree to transfer her to Pittsburgh where a neurosurgeon (which the local hospital did not have) performed surgery to drain the infection. Unfortunately, by the time she was loaded onto the helicopter for transport, all function had already been lost. Despite heroic surgery in Pittsburgh, our client remained a quadriplegic for the rest of her life. After a month in the hospital in Pittsburgh, she went to a world class brain and spinal trauma center in Atlanta for six months. Despite the best care possible, she never regained any function. When she was returned to Pennsylvania, she had to stay in a skilled nursing facility. She soon developed pneumonia – a well-known complication of quadriplegia – and during episodes of decreased oxygen from the pneumonia suffered multiple heart attacks and passed away. Her son was just 14 when his mother became a quadriplegic and she never spent another night at home before she passed away. She is also survived by her loving husband.

For Estate of Woman Who Had an Untreated Cardiac Arrhythmia Following Surgery at a Delaware Hospital

Although our attorneys are not admitted to practice in Delaware, on occasion, we have been privileged to receive special permission (pro hac vice – literally “on this occasion only” admission to practice) from the court to handle especially complex cases like this case. In this matter we associated with well-known Delaware attorney Beverly Bove, Esquire, as local counsel to assist with local court procedures so we could pursue this matter against a hospital where our client died shortly after surgery. This case would likely have been missed by many other firms but for the expertise of one of Shrager, Sachs, & Blanco’s attorneys, Theresa Blanco, in cardiac cases. While reviewing the case, she noticed that the client had an EKG with a prolonged Q wave – a well-known cause of cardiac arrhythmias which can easily be the cause of sudden unexplained cardiac arrest. We spared no expense to retain a nationally esteemed physician from California who regularly is hired by the FDA to consult on the effect of drugs in the development of cardiac arrhythmias. With his expert support, we were able to achieve a settlement and create a trust that will help raise the deceased client’s sole survivor: her teenage daughter. Fortunately, the orphaned child has an extremely supportive extended family who all have encircled her to help raise their sister’s child.