Case Results

Below you’ll find a selection of just a few of our verdicts and settlements from cases we’ve handled:

Verdict – $3,253,000 – Medical Malpractice – Hospital-Acquired Pressure Sores

Justin Peterson served as lead counsel in this case which was tried to a Central Kentucky Jury, who awarded over $3.2 million in damages to the Plaintiff against a local Hospital. Plaintiff, Oscar Moberly, was rendered bedridden due to multiple medical factors. In an effort to preserve blood supply to his lower extremities his doctor ordered the use of TED hose on both legs. The doctor’s order included a request for the nurses to remove the TED hose for periods of time during each shift. Plaintiff alleges the nurses failed to remove the TED hose. The hospital and nurses countered that the TED hose were removed as ordered.

Plaintiff suffered severe and permanent injuries which required surgical debridement and an eventual popliteal bypass surgery to assist healing including deep pressure wounds. The jury awarded medicals of over $253,000 and $1,500,000 for pain and suffering and $1,500,000 for punitive (punishment) damages.

Verdict – $494,000 – Medical Malpractice – Retained Surgical Instrument

Justin Peterson served as lead counsel in this case which was tried to a Central Kentucky Jury, who awarded over $494,000 to the Plaintiff against a local physician and hospital when a surgical needle was left inside the patient following a laparoscopic surgery. The needle was removed without incident shortly after the original surgery. The jury awarded medical expenses of approximately $44,000 and another $450,000 for pain and suffering.

Settlement – $450,000 – Motor Vehicle Accident

Plaintiff in this matter suffered a minor traumatic brain injury following a right-of-way collision. Plaintiff suffered a frontal lobe injury and while scans were negative, his cognitive testing was positive for a head injury. Plaintiff was able to continue working at his job for a period of time after the accident but as his head injury worsened he was forced to stop working even though he had a son with special needs and a wife. This matter settled weeks before trial.

Settlement – $750,000 – Medical Malpractice

Plaintiff alleged that during an overnight hospital stay, nurses failed to intervene when Plaintiff lost pulse in her right, dominant hand. The nurses’ failure to intervene caused Plaintiff’s hand to become ischemic, losing blood flow and causing tissue loss. As a result, Plaintiff suffered severe and permanent injuries. This matter settled several months before trial.

Settlement – Confidential – Medical Malpractice

Plaintiff alleged his family physician failed to properly follow lab values for cancer screening over a period of approximately 10 years. The physician’s failure to properly notify Plaintiff of his positive lab values meant Plaintiff could no longer undergo the lifesaving treatment which would have been afforded to him if he was notified earlier.

Settlement – Confidential – Product Liability – Escalator Injury

Plaintiff was permanently injured when an escalator malfunctioned after a basketball game at Rupp Arena and threw her from the machine. Plaintiff alleged that the escalator was running while missing a critical piece – a safety strip – that caused a gap to form between the escalator steps. This gap allowed another rider’s shoe to become entrapped in the escalator which in turn caused an emergency stop. The escalator was owned by the Lexington Convention Center and maintained by KONE, Inc.

Plaintiff alleged the missing safety piece caused the entrapment that injured Plaintiff. After the first day of trial, both Defendants settled for a confidential amount.

In this matter against a Lexington nursing home, an elderly nursing home resident was the victim of sexual abuse when nursing home staff took a video of her naked and uploaded it to the internet. During this same time period, another staff member diverted the resident’s narcotics medications and she suffered three separate falls causing injuries. The case settled for a confidential amount one week before trial.

Settlement – Confidential – Motor Vehicle Accident – UIM Stacking

This matter involved a rear-end collision on a highway. The defendant was traveling on the roadway in a negligent manner, thereby causing a rear end collision. Unfortunately, the motor vehicle accident resulted in the client’s death.  Plaintiff had multiple vehicles and paid separate premiums on her insurance policies to allow for stacking the UIM policies on several vehicles to generate a settlement for the victim’s family in excess of $1M for underinsured motorist (UIM) coverage.

Settlement – Confidential – Premises Liability for Fire Prevention

In this very tragic and unfortunate matter, Plaintiff lost a child due to a fire at an apartment complex. The victim’s mother alleged she did not hear any fire alarms going off in the complex which led to a delayed reaction and the death of her toddler. Plaintiff hired fire inspectors to go to the scene of the accident. Working closely with the local fire department, Plaintiff was able to establish that there was no specific origin of the fire that could be determined.

Despite lack of origin, Plaintiff was able to prove with thorough investigative efforts that the apartment complex’s fire alarms had not been updated or serviced for a long period of time. Furthermore, Plaintiff was able to establish that the fire alarms at issue were cited for being non-compliant by the Fire Marshall just four days before the fire. The case settled prior to a lawsuit being filed for a confidential amount.

Settlement – $300,000 – Dog Bite                

Plaintiff was attacked and severely bitten by a dog who had left the owner’s property. Applying the strict liability statute Plaintiff was able to recover the owner’s full policy limits for his injuries.

Settlement – $250,000 – Motor Vehicle Accident

Plaintiff was rear-ended in stop and go traffic. He suffered severe injuries including whiplash to his neck and lower back. While surgery was recommended to Plaintiff, he elected not to undergo surgery. Plaintiff successfully argued that the increased likelihood of future harm justified a policy limit settlement demand.

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