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Newsletter March 2018

March 26, 2018

 

Recent Verdicts & Settlements

$16M Settlement for Negligent Management of Labor and Delivery Causing Cerebral Palsy
Attorneys Carol Nelson Shepherd and Patricia M. Giordano represented a mother who, at the direction of her private obstetrician and just three days past her due date, presented at the hospital for induction of labor. Despite evidence that she already was in spontaneous labor, the obstetrician and midwife assigned to manage her care prescribed a powerful medication – Pitocin – to induce labor, thereby causing stress for the baby. Read More

$15.57M Verdict Against Driver and Broker in Trucking Accident Case 
Attorneys Alan M. FeldmanDaniel J. Mann and Edward S. Goldis secured a $15.57 million verdict for Isaac Espinoza, a pedestrian who was struck by a commercial truck-tractor driven by an independent contractor performing work for broker J.B. Hunt Transport, Inc. Read More

$9.75M Recovery for Tractor-Trailer Accident Case
Following nearly two weeks of trial in federal court, attorneys Alan M. FeldmanDaniel J. Mann and Edward S. Goldis obtained a $9.75M recovery in favor of their client Gary Williams, who was struck by a tractor-trailer owned and operated by K&B Transportation, Inc. in the early morning hours of March 2, 2012 on I-80 in Illinois. Read More

$9M Settlement for Hospital’s Failure to Respond to Alarms 
Attorneys Bobbie Pichini and Andrew Mitnick represented a 34-year-old father who was left severely brain damaged and in a permanent coma when hospital nursing personnel failed to respond to repeated and prolonged alarms signaling his oxygen deprivation. Read More

$5.3M Recovery for Failure to Provide Body Cooling to New Born Infant
Attorneys Daniel S. WeinstockG. Scott Vezina, and Carolyn M. Chopko obtained a $5.3 million recovery in a case in rural Florida involving failure of the pediatric team to timely transfer the baby to a regional hospital where she could receive body cooling therapy in order to minimize the impact of her birth injury. Feldman Shepherd is unaware of any previous case in the country involving negligent failure to perform body cooling. Read More

$2.375M Settlement for Family of State Trooper Killed While On Duty in New Jersey
Attorneys John M. Dodig and Jason A. Daria obtained a $2.375 million settlement on behalf of the Estate of New Jersey State Trooper Sean Cullen, who was killed on March 7, 2016 in the line of duty after being struck by a motor vehicle.
 Read more

$2M Arbitration Award received in Montgomery County Medical Malpractice Case
Attorneys Mark W. Tanner and James P. Faunes successfully litigated claims on behalf of the estate of a 10-year-old boy who died of bacterial meningitis hours after being seen at his pediatrician’s office from which he was sent home with a diagnosis of an ear infection. Notably, the case had been turned down by another firm, who did not feel it could be successfully prosecuted. After scouring the country for some of the top experts in the fields of pediatrics and infectious diseases, Tanner and Faunes put together a compelling case that resulted in an arbitration of $2 Million. Read More

$2M Settlement for a Firefighter Injured While On Duty in New Jersey
Attorneys John M. Dodig and Jason A. Daria  recovered $2M for a fire fighter who fell twenty-five to thirty feet through a skylight while combatting a four-alarm fire, sustaining serious and permanent injuries. Notwithstanding the $2 million settlement, the trial court found there was no insurance coverage for the award or for the defendant found responsible. On appeal to the Appellate Division the trial court ruling was reversed, insurance coverage was found to be applicable and the plaintiff was able to recover the full amount of the settlement.

$1.8M Settlement for Family of Deceased Newborn
Attorneys Mark W. Tanner and James P. Faunes secured a $1.8 million settlement on behalf of the family of a newborn who died as a result of medical negligence. The child was born with signs of respiratory depression and was placed in defendant hospital’s neonatal intensive care unit (NICU). While there, the defendants placed an umbilical venous (UV) catheter in the child, but inserted the tip of the catheter too far into his body, allowing the tip to rest just inside the newborn’s heart. Read More

$1.5M Settlement for Failure to Treat Suicidal Patient
Attorneys Mark W. Tanner and James P. Faunes represented the family of a Pittsburgh-area man in a challenging medical negligence case arising from the failures of psychiatric healthcare providers to adequately treat and care for him prior to his suicide. Although the decedent had seen the providers on only five occasions, Tanner and Faunes argued that there were glaring warning signs of this impending tragedy that were not acted upon by the providers. The theory of the case focused on the inadequacy of communication and record-keeping among his various psychiatric and psychological mental health care providers. Read More

$1.5M Settlement for Estate of New Jersey Disabled Woman with Mental Illness Who Was Attacked by Roommate at Supportive Housing Facility
Attorneys Bobbie Pichini and Andrew Mitnick obtained a $1.5 million settlement on behalf of a mentally and physically disabled woman who was beaten by her roommate in a supportive housing apartment.

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


Special Highlight


In 2017, our firm’s founder Alan M. Feldman was the recipient of the Justice A. Musmanno Award from the Philadelphia Trial Lawyers Association. Alan was also ranked the #2 Super Lawyer in Pennsylvania.

To see Alan’s Mussmano award speech click here


Feldman Shepherd Attorney Mark W. Tanner successfully obtained a reversal in the Third Circuit Court of Appeals, reinstating a civil rights case against former Attorney General Kathleen Kane.Tanner, along with Peter M, Newman, also successfully prosecuted an appeal from a ruling in a Chester County trial court all the way to the Pennsylvania Supreme Court, persuading the Supreme Court to reverse the trial court’s ruling that had wrongly found The Dragonetti Statute unconstitutional as applied to attorneys.


 

In The Courts

On May 24, 2017, two-year-old Jozef Dudek was put down for a nap in his bedroom at his home in Buena Park, California. A short time later, he was found underneath the three-drawer MALM dresser in his room, which had toppled over onto him. Despite all efforts of his family, EMTs and other medical personnel, Jozef could not be revived.  Jozef’s parents have retained Alan M. FeldmanDaniel J. Mann and Edward S. Goldis to pursue a claim arising from this preventable tragedy. Feldman Shepherd has represented the families of three other toddlers who also lost their lives as a result of tip-overs of MALM dressers sold by IKEA. The dressers, which did not meet voluntary national standards for safety and stability, have been recalled by IKEA, but remain in  millions of homes throughout the country.


Attorneys Carol Nelson Shepherd and Patricia M. Giordano are litigating a case in New Jersey in which health care providers failed to realize that the fetal monitor tracing was consistent with a tight nuchal cord (umbilical cord around the baby’s neck) and negligently delayed delivery. The baby was transferred to a children’s hospital for head cooling in hopes of mitigating his brain injury, but an MRI revealed that he was so profoundly damaged the physicians recommended letting the baby expire, based upon their belief that he would not survive if taken off a ventilator. Remarkably, the baby did breathe, nurse and thrive. Today he is a happy little boy who just celebrated his birthday, although he has been diagnosed with cerebral palsy and developmental delays. Click here to view a short clip of this little boy.


Attorneys Alan M. FeldmanDaniel J. Mann and Edward S. Goldis represent the family of a mother and daughter who sustained fatal burn injuries when a 100-pound propane cylinder in their food truck suddenly exploded. The  lawsuit asserts that the U-Haul locations at which the cylinders were filled should have known, from the specialized training provided to U-Haul employees, that the cylinders were old, unsafe for use and legally prohibited from being filled with liquid propane. Trial of the case is expected to take place in June of 2018.


Feldman Shepherd was retained to represent the family of an 18-month-old toddler who was asphyxiated when her head became entrapped in the drawer of an IKEA STUVA combination three-drawer dresser/armoire storage system, intended for childrens’ bedrooms. The drawer contains a “cut out” which is the approximate size of a toddler’s neck, potentially leading to entrapment and suffocation. Attorneys Alan M. FeldmanDaniel J. Mann and Edward S. Goldis have commenced a product liability claim, alleging that the unit was defectively designed and inadequately tested. Discovery is underway.


Attorneys Carol Nelson Shepherd and Patricia M. Giordano are currently litigating two cases, one in Pennsylvania and one in New Jersey that highlight the danger of subjecting high-risk mothers to protracted induced labors two or three days in length. In both cases, the health care providers delivered nearly lifeless babies, both of whom tragically died within days of their delivery.


Juliette Dajani was a 15-year-old freshman at Blair Academy, a private boarding school in New Jersey. Despite limited experience, she was permitted to join the Blair Ski Team, which practiced at Shawnee Mountain in the Pennsylvania Poconos. Juliette was instructed by her coach to ski down Shawnee’s most difficult black diamond trail. She was unable to execute a sharp turn near the bottom of the trail and struck a pipe installed in the ground to support plastic netting in front of the snow making equipment. The force of the collision caused Juliette to suffer fatal injuries. Juliette’s parents retained Alan M. Feldman, Daniel J. Mann, Edward S. Goldis and Thomas Martin to file legal action against Blair Academy, the ski team coach and Shawnee Mountain for the devastating loss of their exceptional daughter. A Complaint has been filed in Pennsylvania state court and discovery is beginning.

News & Events

Feldman Shepherd celebrated its 30th anniversary as one of the region’s premier law firms devoted to personal injury litigation.


13 of Feldman Shepherd’s attorneys were named as 2017 Super Lawyers,including 2 attorneys in the Top 10!
(Alan M. Feldman & Mark W. Tanner)
Read More


9 of Feldman Shepherd’s attorneys were named to the 2018 BestLawyers® list including a lawyer of the year in the Plaintiffs’ Mass Tort Litigation / Class Action in the Philadelphia area.
Read More


Attorney Alan M. Feldman was a speaker at the monthly luncheon lecture series of the Philadelphia Trial Lawyers Association, where he discussed the Ikea furniture tip-over cases.


 Attorney Carol Nelson Shepherd was a presenter at the “Super Stars of Litigation: A Day on Personal Injury” program presented by the Pennsylvania Bar Institute. Shepherd was also course planner and speaker at the Pennsylvania Association for Justice 2017 Annual Medical  Malpractice Seminar.


Attorney Mark W. Tanner was a presenter at the “Lights, Camera, Evidence! program presented by the Pennsylvania Bar Institute.


Attorney John M. Dodig has been named Top Attorney by SJ Magazine for the seventh consecutive year in the personal injury category.


Attorney Ezra Wohlgelernter was a guest speaker at the New Jersey Association for Justice’s Boardwalk Seminar held in Atlantic City.


Attorney Daniel S. Weinstock was a presenter at the “Damage Issues in Medical Malpractice Cases” program presented by the Pennsylvania Bar Association Medical-Legal Committee.


Attorney Roberta D. Pichini was selected as a Top 500 Leading Lawyer in America by LawDragon


Attorney Patricia M. Giordano was elected secretary of the New Jersey Association for Justice (NJAJ) for a one-year term beginning in June of 2017. She was also elected as Trustee for the NJAJ PAC for the 2017-2018 term.


Attorney Peter M. Newman was selected by Philadelphia VIP as Volunteer of the Month. Peter has served for more as a mortgage foreclosure volunteer, as well as a mentor to young lawyers.


Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig LLP is pleased to announce that its Huffman Fund has donated a $47,000 handicap-adapted 2017 Chrysler Pacifica LX Minivan to quadriplegic six-year-old Xavier Ross from Bucks County, Pennsylvania.

To read Xavier Ross story click here


The Feldman Shepherd staff with the help of the firm was able to raise over $10,000 towards Puerto Rico’s and Houston’s Hurricane Relief Funds.