verdicts_settlements

Harris Penn Lowry DelCampo, LLP, is widely recognized for its ability to try complicated cases before juries with great success. Partners Jeff Harris, Darren Penn and Steve Lowry have each delivered numerous multi-million dollar awards for their clients. In 2010 alone, the firm secured more than $77 million in verdicts.

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VERDICTS



Bilbrey vs. United States of America - $11,558,366.66 (2010)

Judge Clay D. Land ordered the United States of America to pay Mary Bilbrey and her profoundly injured son, Anthony Bilbrey, more than $11.5 million after a United States Postal Service (USPS) employee was found negligent in the operation of his mail delivery truck.

On December 22, 2006, after an early morning of Christmas shopping at Wal-Mart and a breakfast stop at Hardees, Mary Bilbrey – who was eight and a half months pregnant at the time – and her fiancé, Jason Murray, were driving to their Monroe, Georgia home.

Traveling south on Highway 11 Murray and Bilbrey both testified that Malcom suddenly pulled into their lane from his position off the right-hand side of the road. A commercially licensed, experienced driver, Murray swerved to avoid colliding with the USPS truck yet ultimately lost control of his vehicle. The car ran off the road into a fence where a wooden fence rail impaled the vehicle, forcefully striking Mary’s pregnant abdomen. She went into premature labor suffered serious injury and the impact severely brain-damaged her son.

HPL worked tirelessly to see justice done in this very tragic case.

Click here to listen to WSB Talk Radio’s Pete Combs interview Mary and Jason.

Terhune vs. Forum Group Corp et al. - $43,500,000 (2010)

Loretta Terhune was awarded $8.5 million in actual damages and $35 million in punitive damages as a result of the poor care her father received during the eight months he was a resident at Moran Lake Road Nursing Home in Rome, Ga.

Terhune sued Forum Medical, the company that owned and operated Moran Lake. Her father, Morris Ellison, was malnourished, dehydrated, denied medical care for a broken hip and ultimately died after what was supposed to be a temporary stay as he received post-operative rehabilitative care. He was otherwise in good health.

With the help of Harris Penn Lowry DelCampo, Ms. Terhune’s case brought the largest judgment against a nursing home facility in the history of the State of Georgia.

Corey vs City of Atlanta, Clear Channel and Barbara Fouch - $17,500,000 (2010)

In July 2010, a federal jury awarded $17.5 million to Corey Airport Services after finding that the City of Atlanta, Clear Channel and Barbara Fouch, Clear Channel’s minority partner, conspired to deprive Corey of its equal protection rights while bidding for the advertising contract at Hartsfield-Jackson Atlanta International Airport in 2002.

The case, which was filed in 2004, concerned how the City of Atlanta procures contracts for advertising at the world’s busiest airport.

HPL brought the complicated, lengthy business litigation to a successful finish, securing a $17.5 judgment against the defendants, with all aspects of the decision recently reaffirmed by Federal District Judge Charles Pannell.

Allen vs Consolidated OB-Gyn, Dekalb Surgical Associates - $4,317,494.85 (2010)

Kathleen Allen’s daughter, Tanyka Brydson, was admitted to DeKalb Medical Center to give birth to her twins via cesarean section. Tanyka’s incision area became infected and required immediate, aggressive treatment as well as timely surgical intervention. Instead, it was delayed.

Ultimately, Tanyka underwent multiple surgical debridements as her condition continued to worsen during her hospitalization at DeKalb Medical Center. Her mother had her transferred to another hospital where she ultimately died due to multi-system organ failure secondary to necrotizing fasciitis. DeKalb Medical Center failed to properly diagnose, treat and care for Tanyka.

With the help of the HPL team, Ms. Allen sued the physicians responsible for the negligent care of her daughter and won a $4.3 million verdict.

Mundy vs. Ford Motor Company - $40,000,000 (2009)

On November 1, 2005, Jessica pulled her Ford Explorer into a parking space in front of the post office located in McDonough, Georgia. She intended to drop off a package in an outside drop box when she put her vehicle in park and conversed with a friend on her cell phone for several minutes.

She then opened the driver’s side door, exited the vehicle and walked toward the drop box. As she approached the sidewalk, the vehicle suddenly, and without warning, shifted into reverse from the park position and began to roll backward.

Jessica immediately returned to the vehicle and attempted to reach the shifter lever to place the vehicle back in park. As she tried to get back in the vehicle she was struck by the driver’s side door on the moving vehicle and knocked down. The vehicle ran over her, causing a fracture of her spine. As a result she was rendered a paraplegic.

In 2009, HPL sued Ford Motor Company on behalf of Jessica Mundy and her husband, Butts County Sheriff Ken Mundy, and secured a $40 million verdict.

Wyckstandt vs. Gwinnett Hospital System - $5,000,000 (2008)

On November 21, 2000, Richard and Wendy Wyckstandt had their second son, Austin, at Gwinnett Medical Center. Unrelated to this case, Austin was born with a congenital heart defect and later died.

Wendy was released from the hospital two days after giving birth, but was readmitted on November 25. She was diagnosed with toxemia/preeclampsia. When her mother came to visit Wendy on the morning of November 28, she found her daughter drowned in the shower. Wendy was revived, transferred to ICU, but died about 24 hours later.

Evidence at trial showed that the hospital failed to follow its own policies and should have assisted Wendy whenever she was out of bed.

Harris Penn Lowry DelCampo helped the Wyckstandt family secure a $5 million verdict against the hospital system for its negligence.

Zakrocki vs. Ford Motor Company - $10,600,000 (2007)

Rebekah Zakrocki was traveling at highway speeds between 65 to 70 mph along the Garden State Parkway in New Jersey at around 9:45 a.m. on November 10, 2000 when she lost control of her vehicle after the throttle stuck. She had to stomp on the gas pedal to release it, which, in turn, resulted in the car lunging forward. Ms. Zakrocki made a sharp turn to the left to avoid hitting a car in front of her, followed by a sharp turn to the right, her SUV eventually rolled over.

Ms. Zakrocki’s Explorer failed Ford’s internal objective for passenger vehicles in that it rolled over by virtue of steering inputs alone - an on-road friction rollover. Ms. Zakrocki sustained serious, long-term injuries as a result of the vehicle malfunction.

Harris Penn Lowry DelCampo, LLP, secured an $10.6 million verdict against Ford for its negligence.

Hamby vs. Chrysler - $4,500,000 Verdict (2006)

On July 27, 2002, Plaintiff Lori Hamby was hanging clothes on a clothesline in the yard of her grandmother’s house in Forsyth County. Her boyfriend was cleaning the family van parked nearby and watching their two-year-old daughter, Madison.

All of the doors to the van were open to allow access for vacuuming the van’s interior. Madison was standing in the van assisting with the cleaning. Her dad turned and walked a short distance away to get a bottle of cleaner when he heard the van begin to move behind him. He turned and saw the vehicle roll down the driveway with Madison still inside.

He chased after the van and fell down trying to stop it from rolling. Lori Hamby heard him scream for help and also began to chase the van. Both were unable to stop it from rolling down the driveway where it struck a small tree.

Madison fell out and was pinned under the right front tire. The toddler was pronounced dead at the scene due to the injuries she sustained when the van rolled over and crushed her. The van rolled down the driveway because it was not equipped with a brake shift interlock device, allowing Madison to shift the vehicle out of park and into gear.

Experts on the issue of brake shift interlock, HPL partners successfully sued Chrysler for wrongful death and negligence, securing a $4.5 million verdict for Lori Hamby.

Reese vs. Micheledes - $3,500,000 (2005)

Plaintiff Donna Reese’s gallbladder was removed on August 12, 2000. Eighteen days later, she returned to the hospital, complaining of abdominal pain. Her surgeon sent her directly to the hospital and ordered a HIDA scan, which is a special radiograph to check for a bile duct leak. The defendant, a radiologist, read the HIDA scan and found it compatible with a bile duct leak. Ms. Reese was then referred to a gastroenterologist who agreed to take over her care.

The gastroenterologist ultimately found that the HIDA scan was misread by the radiologist but not after performing procedures that resulted in the perforation of a segment of Ms. Reese’s bowel. She suffered a multitude of medical problems requiring continuous hospitalization for five months, repeated subsequent hospitalizations and ongoing medical care and treatment.

HPL partner Jeff Harris teamed with fellow attorneys to win a $3.5 million a verdict against the radiologist for his negligence.

Sasser vs. Ford Motor Company - $47,700,000 (2004)

On June 15, 2000, Kelsey Sasser, age 6, was riding in the rear center seat of her mother’s 2000 Lincoln LS sedan. The rear seats were equipped with special latches permitting them to fold down to provide extra cargo space and access to the trunk.

The car was involved in a frontal collision and Kelsey Sasser’s seat collapsed on her, causing spinal injuries. Kelsey is now paralyzed from the chest down and will require assisted care for the remainder of her life.

Harris Penn Lowry DelCampo, LLP, worked with Kelsey’s mother to sue the manufacturer of the car, on Kelsey’s behalf, alleging that the seat collapsed as a result of a defective seat back latch.

The plaintiffs also sought punitive damages, asserting that Ford knew about design problems with the latch as early as 1993. The company changed the design on its 2001 LS models but failed to recall the 2000 sedan.

In this case, HPL secured combined compensatory and punitive damages against Ford totaling $47.7 million.


SETTLEMENTS


$3,200,000 settlement for severe burns caused by electrical explosion.
$2,300,000 settlement for wrongful death of young man caused by defective road.
$2,300,000 settlement for injuries sustained by man hit by speeding SUV.
$1,800,000 settlement for woman who suffered serious injury in a trucking accident.
$1,800,000 class action settlement from lawyer who misappropriated clients’ funds.
$1,750,000 settlement for wrongful death of engineer caused by defective crane.
$1,500,000 settlement for wrongful death caused by brake-shift interlock defect.
$1,400,000 settlement for teenager with a spinal injury caused by a defective seatbelt.
$1,250,000 settlement for wrongful death caused by aged tire blowout.
$1,200,000 settlement for brake-shift interlock defect.
$1,100,000 settlement for case involving death of toddler due to minivan defect.
$1,000,000 recovery for medical malpractice resulting in wrongful death.
$950,000 settlement for head injury caused by defective chainwheel.
$700,000 policy limits recovery for woman injured in collision caused by tire blowout.
$700,000 settlement for injuries sustained in rear-end trucking collision.
$675,000 settlement for brake-shift interlock defect.
$650,000 settlement for neck injury caused by trucking collision.
$550,000 settlement for injuries sustained by rider of defective ATV.
$475,000 settlement for facial scaring caused by seatbelt.
$400,000 settlement for two people with salmonella poisoning from adulterated food.
$375,000 recovery for bad faith due to insurance company’s failure to pay policy limits.
$350,000 recovery for intestinal rupture caused by wrong prescription.
$300,000 settlement for injuries sustained in collision caused by defective brakes.
$250,000 settlement for disability insurance bad faith claim.
$225,000 settlement for injuries caused by defective bicycle.
Confidential recovery for death of Lisa “Left Eye” Lopes caused by SUV rollover.
Confidential settlement for death caused by nursing home neglect.
Confidential settlement for helicopter ambulance crash killing patient in transport.
Confidential settlement for pedestrian death caused by drunk driver.
Confidential settlement for wrongful death caused by collision due to road defect.
Confidential settlement for injuries caused by tractor-trailer rear-end collision.
Confidential settlement for brain injury after auto collision caused by a delivery truck.
Confidential settlement for death of elderly couple caused by negligent truck driver.
Confidential settlement for medical malpractice causing woman to need kidney transplant.
Confidential settlement for injuries from automobile collision caused by road defect.
Confidential settlement for elderly couple physically attacked while in a Savannah motel.
Confidential settlement for injuries from defective locking device on front-end loader.
Confidential class action settlement for dangerous manufacturer defect in pickup trucks.
Confidential settlement for vehicle passenger paralyzed due to safety belt defect.
Confidential settlement for family of woman killed in collision due to manufacturer defect.
Confidential settlement for family of woman killed by SUV rollover due to manufacturer defect.
Confidential settlement after man died from burns caused by boiler at chicken processing plant.
Policy limits recovery for death of infant caused by automobile collision.
Policy limits recovery for elderly man injured in automobile collision.
Policy limits recovery for young boy run over by elderly driver in grocery store parking lot.
Policy limits recovery for man suffering neck injury from collision caused by drunk driver.