Verdicts and Settlements
$2.5 Million Settlement Reached in Medical Malpractice/Wrongful Death Case.
Kevin Marciano settled a medical malpractice case for $2.5 Million on behalf of a 26-year-old woman who died. The plaintiff was brought to the emergency room complaining of flu-like symptoms. She was examined and blood was drawn. Prior to receiving back the results of the blood tests she was discharged and never notified of the blood test results. In the days following the emergency room visit, the hospital did not call the plaintiff and no treatment was rendered, and thus the plaintiff fell into a coma due to a low platelet count. She died a few weeks later, leaving behind a husband and three young children under the age of ten. A confidential settlement was reached with the hospital and the emergency room after discovery had been completed and a trial date was set. The firm continues its efforts in protecting consumers injured as a result of medical negligence.
$1.5 Million Dollar Verdict in a Slip and Fall Case.
John Lansberry v. Cliveden Convalescent Center. Kevin Marciano earned a $1.5 million dollar settlement for a client in a slip and fall case. Our client slipped and fell on ice and snow on the Defendant's premises when he exited his 18-wheeler while making delivery. The property owner failed to properly remove the ice and snow for a period of five days after the last snow fall. He sustained a severe concussion and permanent cognitive loss and memory deficits. He will never work again.
$1.35 Million Dollar Verdict in Misdiagnosis Case.
Maria Fotiou v. Ross R. Zimmer, M.D. and Rohinton J. Morris, M.D., et al. Kevin Marciano earned a $1.35 million dollar verdict for a 57 year old woman who suffered a permanent right leg injury and scars after her doctor advised her to discontinue her anti-coagulation therapy prior to surgery, and then postponed the surgery a day. The plaintiff developed a blood clot in her leg and had to undergo two embolectomy as well as bilateral fasciotomies to remove the clots.
$1.25 Million Dollar Settlement Reached in Motorcycle Accident Case.
Alton Sutton v. Fenton et al. Kevin Marciano earned a $1.25 million dollar settlement for a client in a motorcycle accident. The client was traveling to work on his motorcycle when the Defendant turned left in front of him. He was in a coma for approximately one month, sustaining traumatic brain injury and multiple fractures. He has no use of his left arm and walks with a limp.
$1.2 Million Dollar Settlement in Motor Vehicle Accident Case.
Estate of Douglas Moreland v. Waste Management et al. Kevin Marciano received a $1.2 million dollar settlement for a client in a motor vehicle accident in which the Plaintiff, a passenger was killed when the vehicle he was riding in was struck by another vehicle running a red light. He is survived by his wife and infant daughter.
$1 Million Dollar Settlement in Liquor Liability Case.
Kevin R. Marciano has negotiated a $1 million settlement for his client in a dram-shop cause of action.
Marciano represented Dennis Fisher of Delaware County, who suffered permanent brain damage from a single car accident. Fisher and the car's driver, Stephen Nelson, were visibly intoxicated and purchased and carried out more alcohol from Chester County bar Duffers Pub and Cookies on Dec. 17, 1999.
The two were involved in a car accident from which Fisher had to be pulled using the “jaws of life” and that left him in a coma for 78 days. Nelson, according to police reports, had a .291 blood-alcohol level and was charged as driving under the influence.
Nelson, a named defendant in Fisher's suit, reportedly skipped town after being released from the police station. He was uninsured so Fisher's only avenue of recovery was from the bar.
The settlement, said Marciano, reflects the limit of the bar's insurance policy issued by Lexington Insurance Co. of Boston. Marciano threatened to file suit against the bar if the insurance company offered a settlement less than the $1 million policy limit.
Using police reports and statements from Nelson, Marciano proved that the two men were visibly drunk upon leaving the bar, the standard under Pennsylvania's Dram-Shop Act.
The act is usually used by a third party who is injured as a result of the intoxication of the buyer where the sale has caused or contributed to such intoxication.
$1 Million Dollar Settlement in Motor Vehicle Accident with Permanent Brain Damage Case.
Dennis Fisher v. Duffer's Pub et al. Kevin Marciano earned a $1 million dollar settlement for a client involved in a single motor vehicle accident in which the plaintiff sustained permanent brain damage. The driver of the vehicle was visibly intoxicated and had a blood alcohol level of almost twice the legal limit. As a result, he will never work again, is required to use a walker to ambulate and has significant speech impairment.
$1 Million Dollar Settlement Reached in Personal Injury at Work Case.
Joseph J. Hughes v. Sunoco, et al. Kevin Marciano earned a $1 million dollar settlement for a client who while in the course and scope of his employment, was exposed to steam that had been contaminated with hundreds of hydrocarbons. He was 43 years old at the time of the exposure. Sunoco has admitted that its negligence was the cause of the steam contamination. As a result, Mr. Hughes has sustained axonal sensorimotor polyneuropathy. He continues to have noticeable tremors, speech problems and brain damage as well other serious and permanent injuries.
Settlement Reached for Medical Malpractice Delay in Diagnosing Cancer Case.
Kevin R. Marciano, Esquire and Thomas J. Fieger, Esquire settled a Medical Malpractice case on behalf of a 48 year old man. The gentlemen was wrongly imprisoned. Further, he complained of bloody nose and other sinus problems, but was never treated properly. As a result of delay in diagnosis he suffered advanced sinus cancer and had to have significant surgeries to remove the cancer, which caused serious disfigurement and permanent injury.
$375,000.00 Worker’s Compensation Settlement.
For a client who worked as a food service director at a nursing home. He suffered a fall which resulted in the following injuries: C4-5 herniated disc with right cervical radiculopathy, right shoulder impingement syndrome, right rotator cuff tendonopathy, right ulnar neuropathy at the elbow status post ulnar nerve transposition, bilateral knee strain and sprain with internal derangement, medial meniscus tear status post left knee arthroscopy and herniated L5-S I disc with radiculopathy. Cherry, Fieger and Marciano filed Review Petitions forcing the insurance carrier to recognize all these injuries and then resolved the case for $375,000.00.
$325,000.00 Worker’s Compensation Settlement.
The client was a 25 year old man who worked as a machine operator. He suffered the traumatic above the elbow amputation of his left elbow when his left arm was caught in a stone crushing machine. Cherry, Fieger and Marciano resolved the clients Workers’ compensation case for $325,000.00. The client’s third party case against the machine’s manufacture settled for several million dollars.
$233,025.44 Worker’s Compensation Settlement.
The client worked as a new car delivery driver. He suffered multiple back injuries over the course of his ten year employment. The Claimant’s final back injury disabled him from performing his pre-injury job duties. Cherry, Fieger and Marciano defeated the insurance carrier’s attempt to terminate the Claimant’s benefits and resolved the case for $233,025.44.
$200,000.00 Worker’s Compensation Settlement.
The client was a union heavy equipment operator. She sustained a traumatic right knee injury caused by repeatedly banging her knee against the cab of the highway grader that she drove. Cherry, Fieger and Marciano defeated the insurance carrier’s attempts to terminate the Claimant’s benefits and resolved the case for $200,000.00.
$195,000.00 Worker’s Compensation Settlement.
The client is a 62 year old union carpenter. He sustained neck and back injuries on a fall at a construction site. The client’s claim for Workers’ compensation benefits was denied on the grounds that the client suffered from pre-existing arthritis in his neck and back. Cherry, Fieger and Marciano filed a Claim Petition for the client and established that prior to the work injury the client’s alleged arthritis was completely asymptomatic. The case resolved for $195,000.00.
$163,750.00 Worker’s Compensation Settlement.
The client was a 62 year old tractor-trailer driver who injured his knees and lower back in a fall from his truck. Cherry, Fieger and Marciano negotiated a $163,750.00 resolution of the Workers’ compensation claim.
$150,000.00 Union Worker’s Compensation Settlement.
The client was a union carpenter. He fell off a scaffold and injured his neck and back. The insurance carrier filed a Petition seeking to terminate the client’s benefits. Cherry, Fieger and Marciano resolved the case for $150,000.00.
$150,000.00 Worker’s Compensation Settlement.
The client was a hospital nurse. She sustained a lifting injury at work which required back surgery. Cherry, Fieger and Marciano litigated the insurance carrier’s attempts to stop the client’s medical treatment and resolved the case for $150,000.00.
$130,000.00 Worker’s Compensation Settlement.
The client was a university secretary who sustained a serious head injury when a filing cabinet fell over onto her head. Cherry, Fieger and Marciano litigated the case, established a traumatic brain injury with cognitive deficits and resolved the case for $130,000.00.