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Verdicts & Settlements
$3.2 MILLION JURY VERDICT
Our client was a prominent oral surgeon who slipped and fell in an operating room that had recently been wet mopped by janitorial staff. The defendant, St. Vincent Surgery Center, had a policy of not placing wet floor signs while mopping. Two years before our client fell another healthcare worker had slipped, fallen, and been injured under similar circumstances. The Surgery Center vowed to fix the problem by always placing wet floor signs. Unfortunately, the intended change in policy was never communicated to the custodial staff. As a result, they continued to mop the old way by not setting out wet floor signs until after active mopping was completed. Due to his injuries, our client was forced to medically retire at least two years earlier than he had planned. He sustained a significant income loss. We also proved a substantial claim for pain and suffering as well as the loss of ability to do the work he loved.
Brendan Lupetin and Maggie Cooney tried this case together before Judge Erin Connelly Marucci in the Court of Common Pleas of Erie County Erie County.
$10.83 Million Jury Verdict
Brain Injury / Medical Malpractice
Our client was a man who suffered permanent brain damage after an allergic reaction during an MRI led to cardiac arrest (co-counseled with Attorney Gregory Unatin). The top settlement offer was $3 million.
Brendan Lupetin and Gregory Unatin represented the Miller family in a medical malpractice lawsuit against Tyrone Hospital in Blair County, Pennsylvania. After three years of litigation the case came to trial in the Court of Common Pleas of Blair County. Christopher suffered permanent brain damage during an MRI at Tyrone Hospital.
$6.3 Million Jury Verdict
Our client in this case was Brand Marketing Group (BMG) against Intertek Testing Services after one of their subsidiaries botched the testing of his newly unveiled space heater – the Thermablaster.
BMG finally realized the benefit of a relationship cultivated with Ace Hardware since 2009 when in mid-2011 Ace decided to place an order for 4000 Thermablaster heaters. Meanwhile, Interetek, the self-described “leading provider of quality, safety, testing, inspection and certification” held out to Mr. Brand that he should trust their years of knowledge and expertise to assure the Thermablaster met the applicable safety standard and would be safe for homes across the United States. However, and unknown to Mr. Brand, the particular standard applicable to his heater was a standard which Intertek had never tested to before. (co-counseled with Attorney Greg Unatin.)
$2.1 Million Jury Verdict
Slip & Fall
This case was against Target Corporation for a woman who slipped on spilled soda and ruptured her hamstring. The top settlement offer was $85,000.
Melissa Horton slipped and fell in a Target store in Allegheny County after a soda bottle fell on the floor. Target employees coned off the area and began mopping, but they were mopping outside the coned area, causing Melissa to eventually fall. Her fall resulted in a serious injury to her right hamstring, requiring repair surgery and a long recovery period in a body brace, during which she couldn’t perform normal daily activities.
After a three-day trial and a day of deliberation, the jury found Target responsible for the slip and fall due to their negligence. The verdict awarded Melissa $2.1 million in damages, with $1.4 million for past damages and $700 thousand for future damages. Target denied fault, claiming that Melissa’s own actions and lack of attention caused the incident. They argued that she was not paying attention to where she was walking and walked near the spill area, despite ample warning and the area being closed off. However, the jury disagreed with Target’s defense and held them accountable for their actions, resulting in significant financial consequences for the retail store.
$2 Million Jury Verdict
Our client in this case was a woman injured by a botched gallbladder removal surgery (co-counseled with Attorney Gregory Unatin). The defendant never offered any money to settle this claim before trial.
Denise Westwood received a $2 million medical malpractice verdict after suffering a bile duct injury during a botched gallbladder surgery. Dr. Charles N. Lebovitz was ordered by a jury to compensate Denise Westwood for the problems she experienced following the surgery. The injury resulted in permanent damage to her biliary system and liver, causing multiple hernias and requiring additional corrective surgeries. Westwood lost her job as a nurse’s aide due to the resulting injuries, which limited her ability to lift heavy objects. The lawsuit claimed that Dr. Lebovitz failed to follow proper medical procedures and took shortcuts during the surgery. The jury found him negligent and awarded Westwood $750,000 for past damages and $1.25 million for future losses.
$12.5 Million Settlement
Our client, a husband and father in his mid-30s, was experiencing discomfort in his right arm due to a radiculopathy caused by a C5-C6 cervical disc herniation. Despite being generally healthy and physically fit, he sought the advice of a neurosurgeon. The neurosurgeon recommended surgery involving a C5-C6 discectomy with artificial disc replacement. Unfortunately, during the procedure, the neurosurgeon made an error and inserted the artificial disc device beyond the intended level of the vertebral bones in the spine. As a result of this mistake, our client’s spinal cord was crushed by the device, leading to irreversible injury and paralysis from the neck down.
Following the incident, our client underwent rigorous physical and occupational therapy over the course of a year, hoping to regain some of his preoperative functioning. Although he made considerable improvements, he remains confined to a wheelchair with significant physical deficits. Understanding the severity of the situation, the attorneys at Lupetin & Unatin collaborated with esteemed medical experts to establish a case of malpractice. The evidence overwhelmingly supported our client’s claim, resulting in a substantial settlement that will provide ongoing support for him and his family throughout their lives.
$4.5 Million Settlement
Our young client, an adorable 7-year-old girl, sustained an elbow injury while practicing gymnastics at home. Concerned for her well-being, her parents promptly took her to the emergency room, where x-rays revealed a supracondylar humerus fracture just above her right elbow. As a result, she was admitted to the hospital and underwent surgery the next morning to realign and stabilize the fracture.
Post-surgery, medical professionals noticed that while her right hand exhibited a healthy pink color, she lacked a pulse in her right wrist. Furthermore, she experienced a complete loss of finger movement and reported an absence of sensation throughout her hand. Regrettably, her condition did not show any signs of improvement within the following 24 hours. Nevertheless, she was discharged from the hospital with instructions for a follow-up appointment scheduled two weeks later.
During the two-week appointment, it became apparent that our young client’s hand remained paralyzed, devoid of any sensation. Further investigation revealed that the surgery intended to fix her fracture inadvertently compromised the blood supply to her right hand and forearm. This unfortunate outcome resulted in extensive damage to the muscles and nerves in her right arm. As a result, she required an additional complex salvage procedure. Tragically, she was left with permanent functional deficits in her right forearm and hand.
To address this case of malpractice, the attorneys at Lupetin & Unatin collaborated with esteemed medical experts, who presented overwhelming evidence in favor of our client. As a consequence, a substantial settlement was reached, which, due to her age, will be held in trust. The financial compensation will cover her college and post-graduate education expenses, ensuring her financial security throughout her life.
$1.5 Million Settlement
Delayed Diagnosis of Cancer
Our client, a former smoker, received a recommendation from her primary care physician (PCP) to undergo a low-dose lung CT scan as a screening measure for lung cancer. Complying with her doctor’s advice, she proceeded with the chest CT scan, which revealed a singular mass in her lung that raised significant suspicion for lung cancer. Tragically, the radiologist responsible for interpreting the scan failed to report the presence of the lung mass. Consequently, our client, who was actually in the early stages of small cell lung cancer, did not receive the timely diagnosis and treatment she urgently needed.
Approximately 15 months later, our client underwent another CT scan of her chest, which showed alarming growth in the original lung mass and metastasis to nearby lymph nodes. The radiologist interpreting the second scan compared the findings to the initial CT scan and acknowledged the presence of the lung mass at that earlier time. Subsequently, our client had to undergo further medical tests to determine the extent and stage of her cancer, only to discover that the cancer had spread to her brain.
In light of these devastating circumstances, the legal team at Lupetin & Unatin sought consultation from expert radiologists and oncologists. Through their expertise, we were able to establish a case of medical malpractice, attributing the radiologist’s negligence as the cause of our client’s diminished chance of survival by approximately 75%. As a result of our compelling case, the defendant doctor and hospital agreed to settle with our client.