$3,000,000 settlement for the family of a fatally injured 30 year old, father of 1, who died instantly as a result of a gruesome industrial accident. There were no eye witnesses and major issues concerning Tort Claim Immunities, ownership/maintenance/and manufacturing of the industrial equipment involved, as well as the defense of Contributory Negligence. After several years of intense discovery, and multiple trial listings that were postponed by the defense, the case was resolved at the beginning of the jury selection process, shortly before the trial was to begin for $3,000,000 in addition to Workers Compensation Death Benefits
Camden County, N.J.
$3 Million Jury Verdict: a young diabetic mother with a high risk pregnancy was in the 22nd week of gestation when she went into labor. She called her treating OBGYN who advised her to go to the hospital where she was placed in a room. She told the nurse that she felt fetal movement. She was not placed on a monitor and her OBGYN did not come to the hospital. The attending nurse told the husband that the mother was delirious, the child was not alive, would be gray and ashen when delivered, and left the room. Mom then spontaneously delivered her baby unassisted without the nurse of any doctor in the room while her husband watched. The attending nurse then came in, cut the umbilical cord, and asked the father if he wanted to hold his child. The dad, shocked, told the nurse no, as he thought their baby was dead. The nurse then rushed out of the room with the baby. The dad followed the nurse into the hall where she told him that the baby was alive, but in grave condition. Both parents were shocked. Their child was transferred to CHOP and survived for several gut wrenching weeks, before dying in her mother’s arms as the dad watched. The OBGYN, aware of the setting, advised the nurse the baby was dead and chose to not come to the hospital for the delivery. The hospital had no doctor in attendance. A five week trial resulted in a $3,000,000 verdict.