Trucking Accident Yields Sizeable Settlement

June 7, 2016 By

Shaffer & Gaier was able to secure a sizeable settlement for a driver who was rear ended by a tractor trailer in NJ. Our client was traveling in NJ and was stopped in a traffic jam. The driver of an 18 wheel tractor trailer smashed into her vehicle causing her significant injuries. Although our client had neck and back injuries, her main complaint was to her hearing. Due to the deployment of her air bags, our client had constant ringing in her ears and hearing loss.

Shaffer & Gaier provided expert testimony that proved that the ringing in her ears was caused by the auto accident. As a result of this, Shaffer & Gaier secured a substantial settlement on her behalf.

Filed Under: Auto Accident, Personal Injury, Settlements, Truck Accidents, Verdicts

Dog Bite Settles for Full Policy Limit

June 6, 2016 By

Shaffer & Gaier represented a young woman who was severely injured when a dog viciously attacked her causing back injuries and a scar to her back. Plaintiff was a 23 year old woman who was working for a summer camp. As she was taking the child off the camp bus, a vicious dog broke through a screen door and attacked her. Shaffer & Gaier was able to settle this case for the full insurance policy limit of the homeowners.

Filed Under: Animal Attacks, Dog Bites, Personal Injury, Settlements, Verdicts

Improperly Programmed Medical Stimulator Results in Settlement

June 5, 2016 By

Shaffer & Gaier was able to secure a sizeable settlement for our client whose neuro-stimulator was not properly programmed. Due to the programming error, Plaintiff endured years of pain and suffering which would not have occurred if the stimulator had been programmed properly.

In June of 1993, our client was struck in the head by a tractor trailer door. He suffered serious head and neck injuries. In 1993 he had ongoing pain and was eventually implanted with a neuro stimulator in 1996. The stimulator functioned satisfactorily but it was replaced in August 2001. After the second replacement, Plaintiff had little relief from the new stimulator. He had severe limitations and was rendered totally disabled.

Over a period of 10 years the stimulator was programmed by a salesman. Unfortunately, the salesman had little or no medical training. The salesman did not have the expertise to properly program the devise and as a result Plaintiff lost total function of his right arm. Plaintiff eventually saw a new programmer who was able to program the neuro stimulator correctly. Our client had no idea that the original programmer had failed to program the stimulator correctly because the Defendant simply told him that this was ” as good as he was going to get.”

Shaffer & Gaier brought suit alleging that for 10 years the stimulator was not properly functioning due to a programmer error. Through discovery, we were able to establish that the salesmen did not have any medical training and he was in essence practicing medicine without the proper credentials. As the case was about to go to trail, the parties were able to settle the case for a sizeable but confidential settlement amount.

Filed Under: Personal Injury, Product Liability, Settlements, Verdicts

Construction fall ends in $1.2 Million Dollar Settlement Before Jury Selection

June 4, 2016 By

Shaffer & Gaier represented a union shop iron worker who was severely hurt in a construction fall. David Markowski was working at Misercorida University in Luzerne County PA. David was working on an expansion project to construct a field house for the school. The field house was designed to house various locker rooms and gym equipment inside.

The University contracted with general contractor, Sordoni Construction, to act as the general contractor and construction manager. Sordoni then hired Rise Construction to fabricate and erect steel for the field house. Rise then hired David’s employer, Mid Valley Steel, to erect the steel structure for the field house.

In January of 2012 David was assigned to work at the field house. He started working 7-10 days prior to the accident. When he came to the site, David testified that he was shown a brief training video but was never given any fall protection training. In addition, he never saw any safety personnel at the site from Rise or the general contractor, Sordoni.

On January 16, 2012, David was instructed to climb a 15 foot wall to position steel joists that were to be welded the next day. He was not given any fall protection and there were no anchor points where he was working to tie off his harness. He was in essence, walking a balance beam on a blustery January day. While he was walking the wall, David fell to the ground shattering both feet and ankles.

Shaffer & Gaier brought suit against the general contractor and sub-contractor alleging that they violated their respective safety duties. Through one of the premier construction experts in the country, Shaffer & Gaier established that both the contractor and sub contractor violated their respective duties in failing to provide a safe work environment.

Through the litigation, the general contractor filed a Motion for Summary Judgment and that Motion was originally granted by the Magistrate Judge. However, Shaffer & Gaier successfully overturned that decision and the case was prepared to go to trial. Before jury selection, the case was settled for $1.2 Million. In addition, David had a worker’s compensation lien that exceeded $300k, Shaffer & Gaier negotiated so that the lien would be totally waived. David, in essence, received a $1.5 Million dollar settlement because we were able to have the worker’s compensation lien totally waived.

Filed Under: Construction Site Accidents, Personal Injury, Settlements, Verdicts

Genetic Testing Error Leads to 750k Settlement

June 3, 2016 By

Shaffer & Gaier secured a settlement for the parents of a child who unfortunately contracted a severe and rare genetic disorder that was missed through genetic testing. The clients were residents of Sacramento, California. Before having children they sought genetic counseling. The father had a rare genetic condition called Ehlers-Danlos (EDS) Syndrome that ran in his family. EDS is a genetic disorder that causes severe vascular and connective tissue complications; EDS is often fatal.

Our clients sought genetic counseling to determine if the father was a carrier of EDS. The family wanted the genetic counseling to plan a pregnancy because if the father was a carrier they could have had a child through in vitro fertilization (IVF) which would have ensured that the gene did not pass to the child.

In 2005 the father had blood work which was sent to the Defendant’s lab in Allentown PA. The defendant’s lab informed the father that the test was negative for EDS. The parents were understandably relieved and had their children naturally. In 2012, the father developed severe complications that were similar to EDS. He had new genetic testing done and it was unfortunately confirmed that he was, in fact, a carrier for EDS. A tragic error was created because the lab misread the first test. Thereafter, the parents had their son tested and it was confirmed that their son had EDS. This tragedy could have been prevented had the initial testing been done properly.

Shaffer & Gaier secured the leading genetic experts in the country which established that the Defendants made a crucial mistake. Had the test been run properly their son would have avoided the condition because the parents could have conceived through IVF. The case was filed in Federal Court in Pennsylvania As the case was preparing for trial Shaffer & Gaier were able to negotiate the settlement that will ensure that the child has future care for his medical expenses.

Filed Under: Settlements, Verdicts

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