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Newsletter September 2023

September 8, 2023

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$13.5M Recovery for Family of Toddler in Furniture Defect Case

Attorneys Alan M. Feldman, Daniel J. Mann, and Edward S. Goldis secured a $13.5 million settlement for the family of an 18-month-old girl who suffocated and died when her head and neck became entrapped in a cutout (designed to be used instead of handles) in the bottom drawer of an IKEA STUVA wardrobe that was designed specifically for use in children’s bedrooms.

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$13M Settlement in Pennsylvania Cerebral Palsy Case

Attorneys Daniel S. Weinstock and Carolyn M. Chopko secured a $13 million settlement for a child in Pennsylvania who developed cerebral palsy secondary to a preventable brain injury that occurred during the pushing stages of labor when an obstetrician and his team failed to act upon clear evidence of deterioration demonstrated in the electronic fetal monitor strips.

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$5M Recovery for Delayed Treatment Leading to Death

Attorney Mark W. Tanner secured a $5 million settlement for the family of a man who was admitted to the hospital with signs and symptoms of spinal cord compression that went undiagnosed and untreated for days until the injury progressed to a catastrophic extent, ultimately claiming the man’s life.

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$3.5M Settlement in Case Where Foster Child Murdered Foster Mom

Attorneys Alan M. Feldman and Andrew K. Mitnick secured a $3.5 million settlement for the family of a foster mom who was murdered by a foster child who an adoption agency placed in her custody without disclosing his violent history.

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$2.7M Recovery For Loss of Eye in Fireworks Accident

Attorneys John M. Dodig, Daniel J. Mann, and Bethany R. Nikitenko secured a $2.7 million dollar recovery in a products liability case for a man who lost his eye as a result of serious injuries caused by his use of reloadable mortar fireworks.

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$2.25M Verdict for Victim of Construction Site Accident

Attorneys Mark W. Tanner and Peter M. Newman, together with co-counsel, obtained a $2.25 million verdict from a Philadelphia jury for a client who was injured on a construction site in South Philadelphia.

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$2.25M Arbitration Award for Botched Sinus Surgery

Attorneys John M. Dodig and Jason A. Daria secured a $2.25 million arbitration award in a case arising from a botched sinus surgery.

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$1.85M Settlement in Shoulder Dystocia Case

Attorneys John M. Dodig and Jason A. Daria secured a $1.85 million settlement in New Jersey for a child who sustained a right brachial plexus injury as a result of a doctor’s failure to properly manage a shoulder dystocia during childbirth.

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$1.75M Settlement in Dump Truck Accident Case

Attorneys John M. Dodig and Jason A. Daria secured a $1.75 million settlement for a 42-year-old man who was rear-ended by a commercial dump truck carrying almost 72,000 pounds of stone when he stopped his vehicle for a traffic signal.

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

 

 

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Daniel J. Mann and Jason A. Daria Elevated to Firm Shareholders, Zac Arbitman Elevated to Partner

Feldman Shepherd is pleased to announce the elevation of Daniel J. Mann and Jason A. Daria to firm shareholders and Zac Arbitman to partner.

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Patricia M. Giordano Installed As President of New Jersey Association for Justice

Patricia M. Giordano was installed as president of the New Jersey Association for Justice on June 22, making her the first Feldman Shepherd attorney to lead this statewide organization that is dedicated to protecting New Jersey’s families by working to preserve and strengthen the laws for safer products and workplaces, a cleaner environment and quality health care.

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Jason A. Daria Elected Vice President of Philadelphia Trial Lawyers Association

Jason A. Daria has been elected Vice President of the Philadelphia Trial Lawyers Association (PTLA). Under the association’s by-laws, he will be elevated to President Elect in 2024 and assume the office of President in 2025. He will be the sixth Feldman Shepherd partner to serve as President of PTLA.

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Feldman Shepherd in the News

Feldman Shepherd filed a lawsuit on behalf of Angel Davis, who was shot in the head on March 29, 2023, by a private security contractor during an eviction from her apartment at Girard Court Apartments in Philadelphia’s Sharswood neighborhood. To see news coverage of attorney Bethany R. Nikitenko’s press conference in which she called for change to Philadelphia’s for-profit eviction system CLICK HERE.
 
Feldman Shepherd filed a lawsuit on behalf of the family of a man who was fatally shot in the early morning hours of July 22, 2021, in a dispute with another customer outside Pat’s King of Steaks. The suit alleges that despite a known history of unruly patrons on its property during late night and early morning hours, Pat’s King of Steaks did not have security personnel present on its premises who could have intervened to prevent the escalation of what began as a parking dispute. To see news coverage of attorney Andrew K. Mitnick’s press conference CLICK HERE.
 
Spotlight on America interviewed attorney Daniel J. Mann on the hidden dangers of recalled products that are resold online. READ MORE 
 
 When the STURDY Act was passed into law, Furniture Today turned to Daniel J. Mann for insight into how the act will impact furniture retailers. READ MORE Dan also provided legal commentary on dresser tip-overs and the STURDY Act for Ann Arbor Family Press. READ MORE 

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Alan M. Feldman was interviewed by The Legal Intelligencer regarding a wrongful death lawsuit that he filed on behalf of a 33-year-old Fox Rothschild partner who died in a car crash with a jackknifed tractor-trailer on Interstate 476 last year. To read the article:

CLICK HERE

Feldman Shepherd Honors Magee Rehabilitation for Improving the Lives of Our Catastrophically Injured Clients

The attorneys and staff at Feldman Shepherd donned Magee Rehabilitation T-shirts at the office on June 7 to honor the work that Magee does to improve the quality of life for many of our catastrophically injured clients.

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Kerlin Hyppolite Joins Feldman Shepherd As Of Counsel

Kerlin Hyppolite is an experienced trial attorney with a focus on criminal defense, including white-collar cases, as well as immigration law at both the state and federal levels.

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17 Feldman Shepherd Attorneys Named 2023 Super Lawyers Including Two Top 10 Super Lawyers in Pennsylvania

Feldman, Tanner  ranked Top 10 in Pennsylvania

The rankings achieved include: two attorneys ranked in the Top 10 Pennsylvania Super Lawyers list; two attorneys ranked on the Pennsylvania Top 50 Women Super Lawyers list; seven attorneys ranked on the Pennsylvania Top 100 list; seven attorneys ranked on the Philadelphia Top 100 list; and a Rising Stars Honoree.

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Attorney Mark W. Tanner filed a lawsuit in Luzerne County arising from the failure of two hospital emergency departments to recognize and treat the signs of transient ischemic attack (TIA — commonly referred to as a “warning-stroke” or “mini-stroke”) in a 53-year-old man. The failure to administer dual antiplatelet therapy despite the symptoms and risk factors increased the likelihood that the plaintiff would suffer a major ischemic stroke, which he ultimately did several days later. As a result of these failures, the plaintiff was permanently and catastrophically injured when a clot in his posterior circulation caused a preventable and profound hypoxic brain injury.

 

Attorneys John M. Dodig and Jason A. Daria filed a lawsuit in Philadelphia County on behalf of the family of a 55-year-old machine operator who was crushed to death in an industrial accident at a paper products plant. The lawsuit claims that the hoist he was using was defectively designed in failing to have a proper safety latch, which would have prevented the accident if engaged.

 

Attorney Mark W. Tanner filed a lawsuit on behalf of the family of a university student who died by suicide after reaching out for help with his mental health crisis by contacting BetterHelp, a major advertiser and online therapy platform owned by Teladoc Health, Inc., which reported over $1 billion in revenue in 2022. Despite clear and express suicidal ideation reported by this patient, these concerns were never discussed or addressed in any way by the online therapist assigned by BetterHelp who lacked the expertise to deal with this situation and who had numerous engagements with the decedent which ignored the patient’s thoughts of suicide and instead focused on other much less concerning issues.

 

Attorneys John M. Dodig and Jason A. Daria filed a medical malpractice lawsuit in New Jersey on behalf of the family of a 44-year-old man who died during dental surgery. The lawsuit claims that the dentist did not administer proper anesthesia and failed to properly monitor the patient.

 

Attorneys John M. Dodig and Jason A. Daria filed a lawsuit in New Jersey on behalf of a machine operator who was rendered paralyzed and sustained other severe injuries when a tractor that he was operating tipped over, trapping him underneath. The lawsuit claims that the tractor was defectively designed in several respects which would have prevented these severe and permanent injuries to the plaintiff.

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Attorneys Alan M. FeldmanEdward S. Goldis and Zac Arbitman with co-counsel filed a product liability class action lawsuit in the U.S. District Court for the Central District of California alleging that a “pee guard” on Munchkin, Inc.’s “Sturdy Potty Seat” causes injuries to children. The firm defeated the defendant’s motion to dismiss.

 

Attorneys Alan M. FeldmanEdward S. Goldis and Zac Arbitman with co-counsel filed separate federal class action lawsuits against Electrolux/Frigidaire and Samsung alleging that defendants sold several models of ranges with defective burner control knobs that cause them to be unintentionally actuated, and thus, create a serious safety hazard. Arbitman, along with co-counsel, was appointed Interim Co-Lead Class Counsel in the consolidated class action litigation against Samsung. 

 

Attorneys Alan M. Feldman, Edward S. Goldis and Zac Arbitman with co-counsel filed a class action lawsuit in the U.S. District Court for the District of Massachusetts alleging that Everlywell, Inc. made false claims as to the efficacy of its Everlywell Food Sensitivity Test Kits and that the company uses the testing process to covertly collect consumers’ personal and medical data which it can then sell to third parties.

 

Attorneys Alan M. Feldman, Edward S. Goldis and Zac Arbitman with co-counsel filed a class action lawsuit in the U.S. District Court for the District of Utah against NordicTrack, Inc. and iFIT alleging that they acted unlawfully in abruptly canceling the live classes feature on NordicTrack exercise bikes and treadmills which consumers purchased after seeing advertising of that feature.

INNEWS

Attorney Alan M. Feldman authored the article “The Products Liability Win-Win: Help Your Client and Prevent Future Tragedies” for The Legal Intelligencer.

Alan presented on “The Kids Are (Not) Alright: The Unsuspected Dangers of Children’s Products” at the New Jersey Association for Justice’s Boardwalk Seminar 2023.

Alan was voted “Cream of the Crop” for personal injury law by the readers of Suburban Life Magazine.

 

 

 

Attorney Ezra Wohlgelernter authored the articles “The End of the Special Venue Rule in Pennsylvania Medical Malpractice Cases” and “Hiding in Plain Sight – Medical Malpractice Lawsuits and the Missed Cancerous Oral Lesion” for The Legal Intelligencer. He authored the Op-Ed “The Philadelphia Inquirer’s Article on Medical Malpractice Lawsuits Misses the Mark.”

Ezra was the course planner and moderator for an interdisciplinary CLE seminar on the “AI-CHAT GPT REVOLUTION” sponsored by the Institute for Jewish Ethics.

Ezra was profiled in The Philadelphia Lawyer for his thoughts on “What Being a Philadelphia Lawyer Means to Me.”

Attorney Mark W. Tanner authored the article “Practice Tips for Litigating Third-Party Bad Faith Insurance Claims” for The Legal Intelligencer.

Mark was recognized by Temple University Beasley School of Law in its “Stewards of the Law 2021-2022 Impact Report” for “Supporting Tomorrow’s Caretakers of the Law.”

 

Attorney Daniel J. Mann co-authored the article “The Products Liability Win-Win: Help Your Client and Prevent Future Tragedies” for The Legal Intelligencer.

Dan presented on “The Kids Are (Not) Alright: The Unsuspected Dangers of Children’s Products” at the New Jersey Association for Justice’s Boardwalk Seminar 2023.

Attorney Edward S. Goldis co-authored the article “The Products Liability Win-Win: Help Your Client and Prevent Future Tragedies” for The Legal Intelligencer.

Ed presented on “The Kids Are (Not) Alright: The Unsuspected Dangers of Children’s Products” at the New Jersey Association for Justice’s Boardwalk Seminar 2023.

 

Attorney Patricia M. Giordano co-chaired the New Jersey Association for Justice’s Boardwalk Seminar 2023. She was a speaker for “LITIGATION: Pennsylvania – What NJ Practitioners Need to Know About PA Law,” “Medical Malpractice – Vision for the Future” and “The Year in Torts in New Jersey/The Top Ten.” She also participated in a Panel Discussion on Medical Negligence and a Medical Malpractice Q&A.

Attorney Peter M. Newman co-authored the article “Practice Tips for Litigating Third-Party Bad Faith Insurance Claims” for The Legal Intelligencer.

 

Attorney Andrew K. Mitnick was a guest on WWDB-AM Talk 860 “Top Lawyer with Sean Quinn.”

Attorney Bethany R. Nikitenko was appointed Chair of the Board of Governors of the Philadelphia Bar Association.

Bethany co-authored the article “Networking Post-COVID: Why In-Person Events Still Matter” for The Legal Intelligencer.

Bethany authored the article “Protecting Consumers from Debt Collection Lawsuits” for The Philadelphia Bar Reporter.

Bethany authored the article “Practice Tips for Litigating the Fatal Pediatric Asthma Med Mal Case” for the New Jersey Law Journal.

Bethany spoke on behalf of the Philadelphia Bar Association at a Naturalization Ceremony.

Bethany was a guest on the podcast “Should You Take That Case?”

 

 

Attorney Zac Arbitman presented on “Antitrust and Fraud Enforcement” at the Taxpayers Against Fraud 22nd Annual Conference.

Zac convened a roundtable organized by the Qui Tam Section of the Federal Bar Association where a panel discussed the mechanics of getting and using Touhy evidence.

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water-beads-enewsWater Beads Are Seriously Injuring Kids, And Little Is Being Done To Stop It

They look completely harmless. Tiny, colorful beads that expand when they absorb water.

KEEP READING>>

patient-enewsNearly Half A Century Later, Damage Caps in California Are Still Harming Victims of Medical Malpractice

Recent legislative developments in California are instructive as to how justice gets turned on its head when damage caps are imposed on victims of medical malpractice.

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Girl-Trampoline-enewsTrampoline Parks Are Exploding in Popularity. But Are They Safe?

Kids (and even some adults) love flying through the air on a trampoline. Parents think trampoline parks are a great way to keep their kids active. Many believe there is no danger in an environment where a child literally will bounce up from a fall.

KEEP READING>>

 

AdobeStock_85291985-baby-dresser-enewsCPSC Adopts New Federal Safety Standard for Dressers Under
STURDY Act

Several former Feldman Shepherd clients whose children died from IKEA dresser tip-overs — along with other child safety advocates — have achieved a major milestone in their fight to protect kids from dressers that are unsafe and unstable by design. 

KEEP READING>>

kleptocracy-enewsEnhancements to the AML Whistleblower Program

The Anti-Money Laundering (AML) Whistleblower Improvement Act became law on December 29, 2022. The Improvement Act provides critical upgrades to the whistleblower program established by the Anti-Money Laundering Act just two years ago.

KEEP READING>>

  • 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.