Jury verdict $3.25 million - Philadelphia County Court of Common Pleas
Jury verdict $3.125 million in a medical malpractice case against a hospital and emergency room physician for failure to diagnose and adequately treat a fractured pelvis, resulting in otherwise avoidable surgery, permanent limitation and lost earning capacity.
$1.4 million settlement - Philadelphia County Court of Common Pleas
$1.4 million settlement of a medical malpractice claim against a hospital and surgeon. It was alleged that the surgeon, a hospital employee, negligently performed abdominal surgery, resulting in damage to the bowel of a young woman.
$1.35 Million Settlement - Berks County, PA Court of Common Pleas
Partner Jerry Baldino secured a sizable settlement in a hard-fought malpractice case in Berks County. It was alleged that our client’s CAT scan was misread resulting in a failure to identify an infectious process near the spine. As a result, he suffered damage to the structure of the spine and paralysis.
$1,250,000 Settlement - Lehigh County, PA
$1,250,000.00 settlement in a medical malpractice case involving negligent administration of radiation treatment. Plaintiff suffered significant radiation burns as a result of a calculation error in the administration of cancer treatment.
Jury verdict $1.25 million - Delaware County Court of Common Pleas
$1.25 million settlement of a medical malpractice claim asserted against an Otorhinolaryngologist (ear, nose and throat doctor) for failure to diagnose an oral cancer. The failure to diagnose resulted in extensive surgery and removal of a portion of the patient’s jaw.
$1.2 million settlement - Delaware County Court of Common Pleas
$1.2 million settlement of a medical malpractice claim asserted against a bariatric surgeon for failure to timely diagnose and treat a post-surgical leak which resulted in the patient’s death.
Jury Verdict $1.125 Million - Delaware County Court of Common Pleas
Partner Jerry Baldino secured a $1.125 million verdict on behalf of a woman who had an extra bone removed during a foot surgery.
Read Full Article
Delco Jury Awards $1.125M Over Med Mal Claims
×Max Mitchell, Law Weekly
August 31, 2017
A Delaware County jury has awarded $1.125 million to a woman who had an extra bone removed during a foot surgery.
The verdict in Kline v. Hawley was handed up Aug. 25 after a week of trial before Delaware Court of Common Pleas Judge Michael Green. The jury had deliberated for 70 minutes before determining that the defendant doctor had been negligent and failed to obtain plaintiff Elena Benedetti Kline’s informed consent before the procedure.
The jury awarded Kline $562,500 in pain and suffering, $112,500 in embarrassment and humiliation, $325,000 in loss of enjoyment of life and $125,000 in disfigurement.
Gerald Baldino of Sacchetta and Baldino, who represented Kline, said testimony from the defendant doctor who performed the surgery was a turning point at trial.
“When trying to explain some contradictions from his in-court statement and his deposition, he blurted out that he didn’t think he would have to testify because he thought it would get settled,” Baldino said, noting that the defendant quickly added he did not think he had done anything wrong. “He was not his own best witness, and he made a lot of concessions.”
According to the plaintiff’s pretrial memo, Kline was being treated by Dr. Lee Cohen for complaints of pain in her left foot. She treated conservatively from July 2012 through February 2013, when Cohen referred Kline to his associate, Dr. Cory Hawley.
In March 2013, she underwent a tailor’s bunionectomy and procedure to remove a sesamoid bone. However, according to the pretrial memo, both of the sesamoid bones in Kline’s left foot were removed. Kline was 29 at the time of the surgery, and was a frequent runner.
The memo said that, as a result of having both sesamoid bones removed, Kline developed a claw toe deformity that required two corrective surgeries. The second surgery, according to Kline’s memo, resulted in a surgical infection, which required another procedure.
Kline sued Hawley and Cohen, alleging medical malpractice. She contended that removing both sesamoid bones was against the standard of care, and failing to undertake another procedure to protect against claw toe was another breach of the medical standards. She further contended that Hawley failed to obtain informed consent.
Along with the surgeries, Kline said in her memo that she has been left with permanent scarring and disfigurement as a result of the treatment. She also contended that she could no longer run.
An expert for Kline, Dr. Martin Pressman, opined in a report that additional imaging should have been done before the second sesamoid was removed, and having both removed at the same time is a “highly unusual procedure.”
The doctors denied the treatment was negligent, or that they caused Kline’s claimed injuries.
Dr. Edward Pellecchia said in a report for the defendants that Kline’s post-surgery problems appeared only after she underwent an aggressive course of physical therapy that had not been prescribed. He further opined that the doctors fully discussed the risks of the procedure.
Baldino said there were no settlement talks before the verdict, and the defendants were insured by Campmed Casualty & Indemnity Co.
Robert Dillon of Naulty, Scaricamazza & McDevitt represented the defendants. Dillon did not return a call for comment.
The verdict in Kline v. Hawley was handed up Aug. 25 after a week of trial before Delaware Court of Common Pleas Judge Michael Green. The jury had deliberated for 70 minutes before determining that the defendant doctor had been negligent and failed to obtain plaintiff Elena Benedetti Kline’s informed consent before the procedure.
The jury awarded Kline $562,500 in pain and suffering, $112,500 in embarrassment and humiliation, $325,000 in loss of enjoyment of life and $125,000 in disfigurement.
Gerald Baldino of Sacchetta and Baldino, who represented Kline, said testimony from the defendant doctor who performed the surgery was a turning point at trial.
“When trying to explain some contradictions from his in-court statement and his deposition, he blurted out that he didn’t think he would have to testify because he thought it would get settled,” Baldino said, noting that the defendant quickly added he did not think he had done anything wrong. “He was not his own best witness, and he made a lot of concessions.”
According to the plaintiff’s pretrial memo, Kline was being treated by Dr. Lee Cohen for complaints of pain in her left foot. She treated conservatively from July 2012 through February 2013, when Cohen referred Kline to his associate, Dr. Cory Hawley.
In March 2013, she underwent a tailor’s bunionectomy and procedure to remove a sesamoid bone. However, according to the pretrial memo, both of the sesamoid bones in Kline’s left foot were removed. Kline was 29 at the time of the surgery, and was a frequent runner.
The memo said that, as a result of having both sesamoid bones removed, Kline developed a claw toe deformity that required two corrective surgeries. The second surgery, according to Kline’s memo, resulted in a surgical infection, which required another procedure.
Kline sued Hawley and Cohen, alleging medical malpractice. She contended that removing both sesamoid bones was against the standard of care, and failing to undertake another procedure to protect against claw toe was another breach of the medical standards. She further contended that Hawley failed to obtain informed consent.
Along with the surgeries, Kline said in her memo that she has been left with permanent scarring and disfigurement as a result of the treatment. She also contended that she could no longer run.
An expert for Kline, Dr. Martin Pressman, opined in a report that additional imaging should have been done before the second sesamoid was removed, and having both removed at the same time is a “highly unusual procedure.”
The doctors denied the treatment was negligent, or that they caused Kline’s claimed injuries.
Dr. Edward Pellecchia said in a report for the defendants that Kline’s post-surgery problems appeared only after she underwent an aggressive course of physical therapy that had not been prescribed. He further opined that the doctors fully discussed the risks of the procedure.
Baldino said there were no settlement talks before the verdict, and the defendants were insured by Campmed Casualty & Indemnity Co.
Robert Dillon of Naulty, Scaricamazza & McDevitt represented the defendants. Dillon did not return a call for comment.
$1.1 million settlement - Delaware County Court of Common Pleas
$1.1 million settlement in a medical malpractice case for failure to diagnose breast cancer. Despite the patient’s diligent follow-up, her breast cancer went undiagnosed as a result of the negligence of her surgeon and a radiologist.
Jury Verdict $1 million - Camden County, NJ
A Camden County, New Jersey jury rendered a verdict in favor of our client in the amount of $1,000,000. In this case, Plaintiff had been dropped while participating in physical therapy, following a hip replacement. As a result of the physical therapist’s negligence, the patient went on to multiple hip revision surgeries and ultimately suffered permanent damage to her hip as a result of post-surgical infections. The jury accepted evidence that both the physical therapist, as well as the hospital, in a supervisory capacity, was responsible for the patient’s harm and as a result, the hospital, on behalf of the physical therapist, paid four times the charitable immunity cap on damages for which they would have otherwise been responsible.
$900,000.00 settlement - Delaware County Court of Common Pleas
Partner Tom Sacchetta secured a $900,000.00 settlement in a medical malpractice claim against a gastroenterologist. As a result of the doctor’s failure to medically perform testing, our client missed an opportunity for an early diagnosis of cancer. This cancer ultimately led to her untimely death.
$750,000.00 - Chester County, PA Court of Common Pleas
$750,000.00 settlement of a medical malpractice case in which plaintiff’s wound care doctors failed to timely diagnose and treat a flesh-eating skin condition.
Jury Verdict $650,000.00 - Philadelphia County Court of Common Pleas
$650,000.00 verdict in a medical malpractice case. It was alleged that plaintiff’s surgeon inserted a nickel stent in the plaintiff without considering the fact that the patient had a nickel allergy.
Jury Verdict $620,000 - Bucks County, PA
Jury verdict $620,000.00 in a medical malpractice case against two surgeons who negligently performed a colon resection surgery. As a result of defendants’ negligence, plaintiff suffered recurrent infections and required additional, otherwise-avoidable surgery.
$600,000 Settlement - Camden County, NJ
Partner Jerry Baldino was able to negotiate a $600,000.00 settlement in this medical malpractice claim. The patient had suffered an abdominal infection resulting in the removal of a portion of her stomach as a result of a hospital’s failure to timely transfer her to a qualified bariatric surgery facility.
$575,000.00 settlement - Delaware County Court of Common Pleas
$575,000.00 settlement to the estate of a young woman who died as the result of an emergency room doctor’s negligence in failing to diagnose a pulmonary embolism. The case was tried and concluded with a hung jury. The settlement was reached the following day.
Jury Verdict $500,000.00 - Philadelphia County Court of Common Pleas
Jury verdict $500,000.00 in a dental malpractice case against an oral maxillary surgeon who had failed to refer her patient to a specialist for nerve damage resulting from a wisdom tooth removal.
$450,000 Settlement - Camden County, NJ
$450,000.00 settlement in medical malpractice case involving doctor’s failure to diagnose and treat complications in the form of pseudo aneurism following an angiogram.
Jury Verdict $450,000.00 - Philadelphia County Court of Common Pleas
Jury verdict $450,000.00 in a medical malpractice case against a family physician who failed to identify and diagnose tuberculosis in a young woman under his care.
Jury verdict $340,000.00 - Delaware County Court of Common Pleas
Jury verdict $340,000.00 in a medical malpractice claim involving improper administration of medications, which caused kidney failure. In this case, we were able to establish that the family physician entrusted the treatment of his elderly patient to a certified registered nurse practitioner, whom he failed to properly supervise.
