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Personal Injury Case Summaries

Medical Malpractice

Surgeon and hospital staff failed to confirm proper placement of implanted power port by drawing blood. After patient was discharged to home, nourishment was administered through the improperly placed power port flooding her chest cavity. She suffered a bilateral pleural effusion requiring emergency treatment, chest tube insertion, intubation, and was hospitalized for two weeks. The hospital and physician refused to accept responsibility and a medical malpractice complaint was filed in state court. The hospital and physician agreed to settle the claim prior to trial for $250,000.

Wrongful Death/Medical Malpractice

Following surgery to remove a perforated gangrenous appendix, patient who also suffered from cirrhosis was followed by only one post-operative appointment reporting abdominal pain, no appetite, bloating, abdominal distention, fatigue, night sweats, nasal drainage, wheezing and headache. Despite these symptoms and the fact that examination notes during his hospitalization for the appendectomy indicated that he had post-operative abdominal distention and tenderness, no follow up evaluations were recommended and he was discharged from care. Five days later he was brought to the emergency room in the morning because he was suffering from abdominal pain, nausea, vomiting, chills, and had not been able to eat, and was diagnosed as being septic. Despite a consulting gastroenterologist concluding that the abdominal distention was secondary to the surgery, the general surgeon insisted that the patient's complications were related to his cirrhosis and not his appendectomy. Later that evening the patient's family was advised that his condition was terminal and that any exploratory procedure would constitute heroic measures in the patient's now severely weakened state. No explanation was ever given as to why exploratory surgery was not performed earlier. A Medical Malpractice lawsuit was filed against the Hospital and Doctors alleging that signs of serious complications were ignored during the one, and only, post-operative appointment and that the hospital physicians refused to perform exploratory surgery to determine whether the patient's condition was the result of a nicked bowel despite clear sign that this was the cause of his symptoms. During discovery in the case the attorneys at Schemery Zicolello uncovered that although the physicians had persuaded the widow not to have an autopsy, when the coroner was contacted he was orally advised by the nursing staff that the cause of death was complications due to a nicked bowel. This cause was not listed on the death certificate. The case settled prior to trial and the Hospital required the settlement amount be confidential.

Dog Bite

While tending to his front lawn a man was attacked by a neighbor's dog when the dog pulled away from its owner who was walking it on a leash. As a result of the attack the man eventually required surgery due to nerve damage caused by a puncture wound when the dog bit down on his forearm. After the insurance company for the dog owner refused to acknowledge that the surgery was related to the dog attack, the attorneys at Schemery Zicolello filed a lawsuit in State Court. Prior to trial, the case was settled for $200,000.

Slip and Fall

Client, an off work pipeline welder, slipped on ice concealed in a pool of water on a parking lot while visiting a metal fabrication shop to have his truck repaired. As a result of the fall he broke his ankle and was unable to work for several months. The metal fabrication shop and its insurance company denied having any responsibility for the injury. Schemery Zicolello ultimately convinced the insurance company to settle the case for $135,000.

Motorcycle Accident

Our Client was driving her motorcycle when a car suddenly made a left turn directly into her path. She suffered multiple trauma including a right scaphoid fracture, a left distal radius fracture, and a left superior pubic ramus fracture. While hospitalized, she underwent an open reduction and internal fixation for her left distal radius fracture. The claims against the insurance company for the other driver was settled for $25,000, which was the limits of the driver's insurance. Fortunately, the Client carried Underinsured Motorist Coverage on her own policy, and the attorneys at Schemery Zicolello were able to recover for the Client an additional $200,000, which represented the full extent of the available Underinsured Motorist Coverage.

Car Crash

Our client's vehicle was struck when another driver pulled out from a stop sign and failed to yield the right of way. The accident caused multiple injuries to our client's knee, hip, hand, and wrist, requiring hospitalization and knee surgery. After filing a lawsuit in county court, we negotiated a settlement of $77,400.

Dog Bite

A young woman who was jogging on a public street was attacked and scratched on her face by a dog owned by a couple who routinely permitted their dog to roam without restraint. The victim had a small scar on her face, but did not require any follow up care after the date of injury, and did not miss any work. The insurance company offered her less than $10,000 to settle her injury. Ultimately, the case settled for $50,000 without engaging in lengthy litigation.

Car Crash

The client was injured when struck directly on the passenger side of her vehicle due to the uninsured driver traveling too fast as he approached an intersection after a snow storm. We took the necessary steps to determine the lack of any available insurance for the at fault driver and placed the client's insurance company on notice of an Uninsured Motorist Claim. The client's main injury was consistent neck pain and migraine headaches. She was unable to obtain permanent relief with chiropractic care and injection treatment. At our urging, the client sought a neurology consultation. The neurologist diagnosed her as suffering from an occipital nerve cervical compression as a result of the accident, and performed decompression surgery. As a result of surgery, the client experienced significant relief. With the client's medical condition clearly established, Schemery Zicolello fought for the client and obtained an uninsured motorist settlement of $205,000 from her insurance company in a claim where the client's recoverable damage were essentially limited to pain and suffering since she had no lost wages or recoverable medical expenses.

Car Crash

Represented two plaintiffs who were injured in a motor vehicle accident on the PA Turnpike after they were struck from behind when traffic in front of them stopped. Between them, they sustained multiple injuries, including neck and back injuries, a rotator cuff tear, broken wrist, and all over contusions. In a Personal Injury claim alleging negligence against the driver who struck them, obtained settlement for both plaintiffs totaling over $100,000.

Slip and Fall

Represented gas industry worker who fell on ice in the winter in the evening at a well site on State Park land in Clinton County, PA. suffering a compound ankle fracture requiring internal fixation with screws in a claim Anadarko Petroleum Corporation and Precision Drilling Corporation. Both companies denied liability contending they were not responsible for the icy condition and that Plaintiff's claim was barred by his contributory negligence. A Lawsuit was filed in Federal Court and after discovery was concluded the case settled for $300,000. Also represented Client in the related workers compensation claim which was eventually resolved for a lump sum payment of $300,000, bringing the total compensation paid on the claim to $600,000.

Car Crash

Client was injured in an automobile accident when struck by another vehicle while he was stopped at a stop sign. He suffered a herniated lumbar disc requiring surgery. A claim against the driver of the vehicle who struck him was settled for the driver's policy limit of $50,000 and an Underinsured Motorist claim for Client's policy limit of $200,000 was made against his insurance company, which refused to pay based on the assertion that Client had previous surgery for a herniated disc. A lawsuit was filed in Federal Court seeking Underinsured Motorist benefits and Damages for Bad Faith. Prior to trial the insurance company agreed to pay its policy limit of $200,000.

Passenger Injuries

Client was an elderly woman who suffered multiple broken bones while a passenger in a vehicle driven by her husband who had crossed into the opposing traffic lane and struck a truck. Claim settled without having to file a lawsuit for $300,000.

Motorcycle Accident

Represented motorcycle driver who dumped his bike when a truck pulled out in front of him. He suffered road rash and shoulder injuries requiring physical therapy. A lawsuit was filed in Federal Court and settled prior to trial for $90,0000.

Motorcycle Accident

Represented Motorcycle driver who was struck by a pizza delivery vehicle in an intersection suffering a laceration injury to his ankle which eventually required same day surgery in the nature of a Tarsal Tunnel Release. Case was settled prior to Trial for $95,000.