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Fall 2022 Newsletter

November 2, 2022
 

 

 
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$8.5M for Brain Damage to Newborn

 

Attorneys Daniel S. Weinstock and Carolyn M. Chopko secured an $8.5 million settlement in a case brought in Arizona for a child who suffered cerebral palsy and developmental delays after an on-call obstetrician refused to come to the hospital to see a patient who required an emergency delivery.

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$6.5M Settlement in Dram Shop Case

 

Attorneys Daniel J. Mann and Bethany R. Nikitenko secured a $6.5 million settlement in a dram shop lawsuit filed on behalf of a mother and her 4-year-old son who were severely injured when an intoxicated driver rear-ended their vehicle in Gloucester County, New Jersey.

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$6M Recovery for Construction Worker

 

Attorneys John M. Dodig and Jason A. Daria secured a $6 million settlement in a case involving product liability claims on behalf of a construction worker who was injured by construction equipment that he was operating.

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$3.125M for Motor Vehicle Accident Victim

 

Attorneys John M. Dodig and Jason A. Daria secured a $3.125 million settlement for a 51-year-old motor vehicle accident victim who suffered injuries that rendered him permanently disabled.

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$3M Recovery for Failure to Provide Prophylactic Antibiotics

 

Attorneys Daniel S. Weinstock and Carolyn M. Chopko secured a $3 million recovery for the family of a dental patient with a cardiac condition who died as a result of not having received prophylactic antibiotics prior to a dental procedure.

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$2.75M for Newborn’s Disabilities after Negligent Management of Labor and Delivery

 

Attorneys Daniel S. Weinstock and Carolyn M. Chopko secured a $2.75 million settlement for a child who suffered physical and cognitive disabilities after negligent management of labor and delivery by an obstetrician, delivery nurse and second-year OB/GYN resident.

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$2M Settlement for Home Healthcare Providers’ Failure to Ensure Smoking Safety Precautions

 

Attorneys John M. Dodig and Jason A. Daria secured a $2 million settlement for a patient with partial paralysis who suffered burn injuries to 40 percent of her body due to the failure of home healthcare providers to ensure smoking safety precautions.

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$2M Settlement for Pedestrian Hit by Truck

 

Attorneys John M. Dodig and Jason A. Daria secured a $2 million pre-suit settlement for a 63-year-old pedestrian who sustained a traumatic brain injury and multiple orthopedic injuries when he was struck by a box truck while walking in a crosswalk.

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$1.025M Settlement for Fireworks Injury

 

Attorneys John M. Dodig and Jason A. Daria achieved a $1.025 million settlement for a 16-year-old boy who was left with no useful vision in his left eye after his eye was struck by one of the fireworks that came from a Roman candle firework that was lit by another minor.

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Confidential Eight-Figure Settlement for Negligent Treatment of Sickle Cell Anemia

 

Attorneys Daniel S. Weinstock and Carolyn M. Chopko secured an eight-figure confidential settlement on behalf of a 21-year-old college student who suffered a massive stroke when medical providers failed to properly treat his sickle cell anemia.

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Seven-Figure Settlement for Failure to Diagnose Heart Condition

 

Attorneys John M. Dodig and Jason A. Daria secured a seven-figure confidential settlement for the family of a college student who died after a cardiologist failed to diagnose, treat and properly instruct him about a cardiac condition known as arrhythmogenic right ventricular cardiomyopathy (ARVC), which is a disease of the heart muscle that can cause sudden cardiac death.

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Nearly $1M Recovered for Death of 94-Year-Old in Motor Vehicle Accident

 

Attorneys Alan M. Feldman, Daniel J. Mann and Edward S. Goldis recovered nearly $1 million on behalf of a 94-year-old man who died from injuries sustained in an accident that occurred when a car driven by his wife was struck by another vehicle as she made a left turn.

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Confidential Settlement for Suicide of College Student

 

Attorneys Carol Nelson Shepherd, Patricia M. Giordano and Andrew K. Mitnick secured a confidential settlement for parents of a college student who repeatedly offered complaints of suicidal ideation without adequate response.

 

 

 
 

Smoke Alarm Inspections in Residential Apartments

 

As part of a settlement negotiated by attorneys Mark W. Tanner and Peter M. Newman, an apartment complex in Horsham, Pennsylvania, has agreed to conduct annual inspections of the smoke detectors in every residential apartment in the complex, and to replace batteries and smoke detectors as necessary, at no cost to the tenants.
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Montgomery County Verdict in Unusual Case

 

Recognizing that victims come in many forms, attorneys Mark W. Tanner and JP Faunes successfully defended a home builder at trial in Montgomery County, Pennsylvania, who was wrongfully sued by a homeowner seeking $670,000 in alleged damages. Not only did the jury rule against the homeowner, but the tables turned and our client was awarded over $450,000 in damages.

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The firm also entered into a number of confidential settlements that cannot be described or discussed.

 

 

 

 

 
 
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John M. Dodig and Jason A. Daria Achieved Highest Verdict in PA in 2021

A $19.1 million jury verdict achieved by John M. Dodig and Jason A. Daria on behalf of three victims of a fatal tractor-trailer accident involving multiple vehicles in a dangerous construction zone was recognized by The Legal Intelligencer as the highest verdict in Pennsylvania in 2021.

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Daniel J. Mann and Bethany R. Nikitenko Recognized in New Jersey Law Journal’s ‘Personal Injury Top Awards 2022’

 

A $6.5 million settlement secured by Daniel J. Mann and Bethany R. Nikitenko in a dram shop case was recognized in The New Jersey Law Journal’s “Personal Injury Top Awards 2022” as the sixth largest personal injury recovery in New Jersey for the period between August 2, 2021 and July 28, 2022.

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Patricia Giordano Elected New Jersey Association for Justice President-Elect

Attorney Patricia M. Giordano was elected President-Elect of the New Jersey Association for Justice for the 2022 through 2023 term.

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JP Faunes Promoted to Law Firm Partner

JP Faunes was named law firm partner after helping to recover more than $47 million for his clients since joining Feldman Shepherd in 2016.

 
 

 

Zachary Arbitman Joins Feldman Shepherd

Feldman Shepherd is pleased to announce that attorney Zac Arbitman has joined our practice. Arbitman represents whistleblowers in claims brought under state and federal False Claims Acts, various state whistleblower statutes, and the SEC, CFTC, IRS, and FinCEN whistleblower programs. He also handles catastrophic personal injury cases and class action lawsuits.

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Bethany R. Nikitenko Honored with Philadelphia VIP Champion Award

Bethany R. Nikitenko was honored as one of four recipients of Philadelphia VIP’s Champion Awards in the category of preserving income.

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17 Feldman Shepherd Attorneys Named as 2022 Super Lawyers Including Two Top 10 Super Lawyers in PA

For the second consecutive year Feldman Shepherd has achieved the largest number of Super Lawyers in the firm’s history.

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Feldman Shepherd was voted as the #1 “Best Personal Injury Firm” by the readers of The Legal Intelligencer for 2022.

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9 Feldman Shepherd Attorneys Named to 2023 Best Lawyers® List, Including Mark Tanner as ‘Lawyer of the Year’

The selected attorneys are Alan M. Feldman, Carol Nelson Shepherd, Ezra Wohlgelernter, Mark W. Tanner, John M. Dodig, Daniel S. Weinstock, Roberta D. Pichini, Daniel J. Mann and Jason A. Daria.

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Attorneys Alan M. Feldman, Daniel J. Mann and Edward S. Goldis are representing 11 families whose babies died in separate incidents in infant loungers, rockers and inclined sleepers, which do not comply with the safe sleep recommendations of the American Academy of Pediatrics.

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Attorney Zac Arbitman along with co-counsel from other firms recently defeated the bulk of a Motion to Dismiss submitted by Defendants in a False Claims Act lawsuit filed in the United States District Court for the Central District of California. Feldman Shepherd attorneys are representing the whistleblower who brought the case against Ensign Group, Inc. (NASDAQ: ENSG) and Ensign Facility Services, Inc. over allegations of, among other things, fraudulent medical director, associate medical director, and consultant contracts; bribes to doctors and others through luxury golf trips, expensive dinners, and other improper inducements; and illegal “swapping” schemes involving x-ray service providers.

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Attorneys Alan M. Feldman, Zac Arbitman and Edward S. Goldis filed a class action lawsuit against Samsung Electronics America, Inc. alleging that the company sold several models of electric ranges with defective burner control knobs that when inadvertently touched cause the electric cooktops to become heated without warning to the consumer, thus creating a fire hazard.

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Attorneys John M. Dodig and Jason A. Daria filed a lawsuit against Wawa, Inc. and a firm that performed engineering design for the renovation and construction of a “Super Wawa” in New Jersey alleging negligent design of traffic control at the entrance to the store’s parking lot. Their client is a pedestrian who sustained catastrophic personal injuries when he was hit by a truck while walking in a crosswalk at the driveway entrance.

 

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Attorneys John M. Dodig and Jason A. Daria filed a lawsuit pro hac vice in New York on behalf of a pedestrian who sustained serious injuries when an armored truck that was making a left-hand turn struck her as she walked in a city crosswalk.

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Attorneys Mark W. Tanner and Bethany R. Nikitenko filed a lawsuit that raises the novel issue of whether a bystander can witness events virtually for the purposes of emotional distress claims. They represent a daughter who, via FaceTime, witnessed her mother asphyxiate from a mucous clogged tracheostomy tube while under the care of a nursing home.
 
INNEWS
 

 

 

Attorney Alan M. Feldman authored the article “Help Your Client and Change the World” for Trial magazine.

Alan’s article “The Hidden Dangers of Infant Sleep Products: Tips to Win Your Case and Save Lives” was published in The Legal Intelligencer.

Alan’s article “Dukich v. IKEA: A Warning to Manufacturers Regarding the Sufficiency of Their Product Recalls” was published in the Verdict.

He was honored by the National Law Journal as a Litigation Trailblazer.
 

 

 

Attorney Carol Nelson Shepherd was selected to participate in The Legal Intelligencer’s Women in Law Roundtable.

Carol was honored at the Homeless Advocacy Project Annual Benefit for her 15 years of service to the organization.

Carol is also serving as a course planner and moderator for the Pennsylvania Association for Justice 2022 Medical Malpractice Seminar and Fall Member Meeting.

 

 
 

 

 

Attorney Ezra Wohlgelernter was elected chair of the Philadelphia Trial Lawyers Association’s Committee for a Better Tomorrow PAC.

Ezra was a guest lecturer to a first-year class at The Wharton School at The University of Pennsylvania on the topic of litigation of truck accident cases.

 

 
 

 

 

Attorney Mark W. Tanner was honored as a recipient of The Legal Intelligencer’s “Power Players” award.

Mark’s article “Patient Strokes, Treatment and the Law: Issues to Consider” was published in The Legal Intelligencer.

 

 

 

 
 

 

 

Attorney Daniel J. Mann co-authored the articles “The Hidden Dangers of Infant Sleep Products: Tips to Win Your Case and Save Lives” for The Legal Intelligencer and “Dukich v. IKEA: A Warning to Manufacturers Regarding the Sufficiency of Their Product Recalls” for the Verdict.

 
 

 

 

Attorney Edward S. Goldis co-authored the articles “The Hidden Dangers of Infant Sleep Products: Tips to Win Your Case and Save Lives” for The Legal Intelligencer and “Dukich v. IKEA: A Warning to Manufacturers Regarding the Sufficiency of Their Product Recalls” for the Verdict.

 
 

 

 

Attorney Patricia M. Giordano co-chaired the New Jersey Association for Justice’s Boardwalk Seminar 2022. She was a speaker for “The Year in Torts in New Jersey/The Top Ten,” “Educating The Court: A Toolkit for Motions In Limine and Objections at Trial,” “Virtual Reality: Practice in a ‘Post-Pandemic’ World” and “Virtual Reality: Work/Life Balance in a “Post-Pandemic” World” and “Adding Value to Your Medical Malpractice Cases by Piercing Charitable Immunity Cap” presentations.
 

 

 

Attorney Peter M. Newman co-authored the article “Patient Strokes, Treatment and the Law: Issues to Consider” for The Legal Intelligencer.

 

 

 

 

 

 

 

 

 
 

 

 

Attorney Andrew K. Mitnick was a guest-lecturer to eighth grade students at Poquessing Middle School on the Fourth Amendment and illegal searches and seizures.

 

 

 

 

 

 
 

 

 

Attorney Bethany R. Nikitenko was elected to the Board of Governors of the Philadelphia Bar Association. She was also appointed as Co-Chair of the Philadelphia Bar Association’s Bench-Bar Conference.

Bethany was appointed to the Board of Directors of Women Owned Law.

She authored the article “Arbitration Agreements: Can a Parent Sign Away a Child’s Right to a Jury Trial?” for The Legal Intelligencer and co-authored “Estate of Henry v. Colangelo, et al.” for the Verdict.
 
 

 

 

Attorney JP Faunes co-authored the article “Estate of Henry v. Colangelo, et al.” for the Verdict.

JP was appointed as Vice Chair of the Judicial Commission of the Philadelphia Bar Association.

He was appointed by U.S. Magistrate Judge Timothy R. Rice to the U.S. District Court for the Eastern District of Pennsylvania Local Rules of Civil Procedure Committee.

He was appointed to chair the Philadelphia Trial Lawyers Association’s Future Leaders Committee.
 

 

 

Attorney Zac Arbitman was named a “Lawyer on the Fast Track” by The Legal Intelligencer.

Zac authored the article “Does My Client Have a Whistleblower Rewards Claim?” for The Legal Intelligencer.

Zac was selected to serve as a member of the Conference and Member Education Committee of Taxpayers Against Fraud Education Fund.

 

 

 

 
 
 
 
 
 
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CPSC WARNS PARENTS THAT FISHER-PRICE AND KIDS2 ROCKERS ARE NOT SAFE FOR INFANT SLEEP

After the tragic deaths of at least 14 infants, federal safety officials are warning parents about yet another baby product that is not safe for infant sleep: baby rockers.
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‘KIDS IN DANGER’ HONORS ‘PARENTS AGAINST TIP-OVERS’ FOR ITS WORK PREVENTING FURNITURE TIP-OVER TRAGEDIES

Sometimes in the face of horrific tragedy, purpose can be found. On May 26, 2022, Kids in Danger, a nonprofit organization dedicated to protecting children by fighting for product safety, honored Parents Against Tip-Overs (PAT) with its Best Friend Award for its advocacy and leadership in preventing furniture tip-overs.
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PRESSURE COOKERS: THE SERIOUS BURN HAZARD IN YOUR KITCHEN THAT NOBODY TALKS ABOUT

While it may seem unthinkable that a popular kitchen appliance could severely injure consumers for decades without much public attention, that exact scenario is playing out in homes across the U.S. where families rely on pressure cookers for meal preparation.
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AM I ELIGIBLE FOR A WHISTLEBLOWER REWARD UNDER THE SEC WHISTLEBLOWER PROGRAM?

Last year alone, the U.S. Securities and Exchange Commission (SEC) issued approximately $564 million in whistleblower awards, stemming from the agency’s recovery of almost $5 billion through enforcement actions predicated on tips from whistleblowers.
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AM I ELIGIBLE FOR A WHISTLEBLOWER REWARD UNDER THE FALSE CLAIMS ACT?

Whistleblowers, called relators under the False Claims Act, may file complaints alleging violations of the FCA under seal with the Department of Justice. FCA lawsuits initiated by relators are known as qui tam actions and, if successful, a relator is entitled to share in a portion of the government’s recovery from those lawsuits.
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  • Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP attorneys are licensed in Pennsylvania, New Jersey, New York, Illinois, North Carolina, Texas, and Wisconsin. In addition, our attorneys practice in other states on a pro hac vice basis. Pro hac vice admission is when a lawyer not licensed in a particular state associates with a lawyer who is licensed in that state and obtains the court’s permission to jointly represent a client in a specific matter.