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Minor Impact, Major Injury
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  Case Results
 

$1.7 Million - Construction Accident

$1.32 Million - Failure to Diagnose Cervical Cancer

$1.26 Million - Product Liability Award

$1.2 Million - Underinsured Motorist Award

$1.2 Million - Fall from Stairwell

$1.0 Milion - Structured Payout Settlement

$900,000 - Automobile Accident Settlement

$900,000 -  Failure to Diagnose Breast Cancer

$900,000 - Failure to Properly Diagnose Breast Cancer

$800,000 - Failure to Diagnose Cervical Cancer

$750,000 - Automobile Accident

$612,500 - RSD injury

$600,000 - Unnecessary Surgery

Case Results
Verdicts & Settlements
We want to share with you some of the recent successes which have resulted in fair and substantial monetary settlements for our clients. Obviously, not every case we undertake involves injuries as serious as those reported here. With the same degree of skill, care, concern and professionalism, we also represent people who suffer less significant injuries.

In each of the cases discussed below, lawyers hired by the insurance companies to represent defendants vigorously contested our claims and spent large amounts of time and money trying to deny our clients fair compensation. We are extremely proud that we were able to overcome enormous challenges in these cases so that our clients could receive a fair and reasonable settlement.
 
$1.26 Million Dollar Product Liability Award

In Pendley v. Genesis Worldwide Inc., Ontario, Canada-based industrial equipment manufacturer Genesis Worldwide Inc. and Cincinnati-based used machinery dealer Mohawk Machinery Inc. agreed to pay a combined $1.26 million to plaintiff Courtney Pendley, an employee of Rolled Metal Products in Fort Washington, Pa., who was injured by a steel-cutting machine he was operating.

After a day-long session with ADR Options mediator Edward L. Edelstein on Feb. 12, Genesis consented to paying $1.25 million, with Mohawk picking up the other $10,000.00

The plaintiff's attorney, Christopher T. Moyer of Philadelphia-based Master Weinstein Schnoll & Dodig, said his client's original pretrial demand was for $2.5 million in damages to cover lost wages, as well as physical and psychological injury. The defense had made no offers when the parties entered mediation, however...

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- This case was handled by Chris Moyer.

 

1.7 Million Dollar Construction Accident

Kevin Weinstein and Christopher Moyer were able to secure this sizable settlement on behalf of our client and her husband's estate after he was killed as a result of a tragic fall from a roof. The case involved a year and a half of discovery which is the timer when the opposing parties exchange information about the facts of the case. Countless depositions were required to be taken because of the amount of workers and witnesses involved. The case resolved after an all day mediation before a retired judge.

 
$1.2 Million Dollar Underinsured Motorist Award

Attorney Kevin Weinstein recently appeared before an arbitration panel in New Jersey where he argued on behalf of a New Jersey police office who was seriously injured when the officer was in the process of collecting documentation from a motorist he had stopped and another vehicle collided with the front of his patrol car which was angled behind the stopped motorist and then struck the officer and spun him down the side of the stopped vehicle.

As a result of the officer's serious injuries, he was seen by numerous physicians over a (4) year period and was been diagnosed with injuries including, but not limited to; post-concussion syndrome; nausea; blurred/double vision; left perilymph fistula; labral tear, ligamentum teres tear and greater trochanteric bursitis of the right hip; a labral tear of the left hip; a frayed anterior labrum with early separation of the right shoulder; anterior SLAP lesion; torn anterior glenoid labrum; subacromial versectomy of the left shoulder; chrondromalacia of the right knee; torn anterior cruciate ligament of the left knee; and post-surgical significant hearing loss of the left ear. In addition to the above serious injuries, the officer was also diagnosed with psychiatric/psychological injuries including post-concussion syndrome, pain disorder associated with psychological factors and adjustment disorder with anxiety and depressed mood.

At the arbitration, defense counsel argued that the officer had suffered serious pre-accident injuries which explained, in large part, the officer's post-accident complaints.
Mr. Weinstein successfully argued before the panel that the office was able to return to
full duty after each and every pre-accident motor vehicle collision in the 1990s and the appropriate award was made.

- This case was handled by Kevin Weinstein.
 
$275,000.00 Parking Lot Slip and Fall Settlement

Christopher Moyer recently handled a case that came to the firm through an email contact from this website. The client had been told by another lawyer that he did not
want her case and that it had little chance of success and he filed a petition with the court asking to be discharged from the case which petition was granted.

Mr. Moyer agreed to take on this slip and fall case in attempt to help the client who was suffering terribly from a medical condition known as RSD. After completing extensive discovery wherein it was learned that the Defendants had not adequately maintained records as to whether the parking lot was plowed, Mr. Moyer was able to settle this case at mediation just nine (9) months after the client was told that her case had little chance of success.

- This case was handled by Christopher Moyer.
 
$200,000.00 Automobile Settlement

Christopher Moyer successfully resolved a motor vehicle accident for the full policy limits of both the responsible driver and the claimant's insurance policy in a left-hand
turn automobile accident case. The case was resolved within six (6) months of the date
of accident.

- This case was handled by Christopher T. Moyer.
 
$1,000,000.00+ structured payout settlement

Attorney Kevin Weinstein was recently able to resolve a young woman's claim for serious injuries arising out of an intersectional motor vehicle accident. She sustained neck, back and shoulder injuries and during the course of her treatment, an injection caused a significant problem with her speech. Although her physicians were unable to state that the medical procedure had been done negligently, attorney Weinstein was
able to tie the speech problem to the medical treatment and thus place the blame on the negligent motorist.

Defendant argued that Plaintiff had been traveling at a high rate of speed and that she (the Defendant) was not responsible even though she had a stop sign for her direction of travel. As the trial date neared, attorney Weinstein was able to negotiate a settlement in the form of a structured payout that provided monthly income for the young woman for the rest of her life. Accountants determined that the overall value of the settlement was
in excess of $1,000,000.00.

- This case was handled by Kevin Weinstein.
 
North Carolina Accident litigated in New Jersey

While vacationing in North Carolina, a New Jersey resident was struck in the rear by a commercial vehicle owned by a propane gas delivery service. Attorney Kevin Weinstein found that the propane company had one distribution site in New Jersey. He successfully convinced the United States District Court to litigate this case in New Jersey, rather than force the Plaintiff to travel back to North Carolina to file suit.

Claimant was a prison guard with a prior neck injury. Attorney Weinstein was able to obtain a high six figure settlement which when coupled with claimant's retirement/social security disability benefits, will provide him with a comfortable retirement. The value of this claim would have been much smaller had the case been litigated in rural North Carolina.

- This case was handled by Kevin Weinstein.
 
$1.32 Million Result - Failure to Diagnose Cervical Cancer

Our client, a 37 year old female, had been to her gynecologist for routine pap smear
visits on a yearly basis. Unfortunately, despite the presence of worsening abnormal findings upon the pap smears, she was not notified of the development of the abnormal cells on her cervix for over two years during which time she developed cervical cancer requiring a total hysterectomy.

- This case was handled by Christopher T. Moyer.
 
$1.2 Million Result Fall from Stairwell

Our client, a 39 year old male, suffered a burst L1 spinal fracture during a slip and fall approximately 20 feet while scraping paint from the exterior of a building in Brooklyn, New York. Under New York Labor Law, the defendants were required to provide scaffolding to protect workers working at elevated heights. This case settled during the third day of trial in Kings County, New York.

- This case was handled by Christopher T. Moyer.
 
$900,000.00 Result - Failure to Properly Diagnose Breast Cancer

Our client, a 70 year old woman received annual mammograms for many, many years. Following her 1999 mammogram her doctor advised her that the result was suspicious
for cancer. After the appropriate tests confirmed she had cancer she underwent a radical mastectomy of her left breast with tram reconstruction. Unfortunately, she developed
a serious infection and had numerous additional surgeries.

For a period of five (5) years her mammograms were reviewed by the same doctor who clearly failed to properly identify abnormalities which were present on the mammograms. During the videotaped discovery deposition of the defendant doctor, during which our medical malpractice lawyers team utilized two radiographic view boxes and copies
of the original films to interrogate the doctor, the doctor testified "oh, shit" in response
to Mr. Moyer's examinations. This case settled during the first day of jury selection.

- This case was handled by Christopher T. Moyer
 
$800,000.00 Result - Failure to Diagnose Cervical Cancer

Our client, a 32 year old female, had been to her gynecologist for routine pap smear
visits on a yearly basis. After a low grade abnormal finding was detected the physician improperly performed cryosurgery in an attempt to remove the abnormal cells. Unfortunately, our client was not notified that the cryosurgery failed to remove the abnormal cells. A follow up pap smear showed that the surgery was a failure but despite this, our client was not notified for over 9 months. During the delay the abnormal cells developed into cervical cancer requiring a total hysterectomy.

- This case was recently featured in the Philadelphia Daily News. This case was handled by Christopher T. Moyer.
 
$612,500.00 Result - Client Injured by Patient Lifting Device

Our client, a 53 year old female, was employed as a nursing assistant at a nursing home. She was injured while attempting to move a patient with a mechanized lift when the battery which powered the lift fell onto her foot. As a result of the accident, our client developed RSD (chronic regional pain syndrome). This case came to Mr. Moyer just three (3) weeks before the statute of limitations (time to sue) was to expire and the client was told by another lawyer that she had no case. Mr. Moyer retained a Professor of Engineering from the University of Pennsylvania and an expert in the diagnosis and treatment of RSD. The case settled after four (4) days of trial.

- This case was handled by Christopher T. Moyer.
 
$600,000.00 Result - Unnecessary Surgery

Mr. Moyer handled this case which involved a podiatric surgery performed on our client's foot. This case was difficult because all parties agreed that the surgeon did not commit negligence in the performance of the surgery. Rather, Mr. Moyer concentrated on the
fact that our client's underlying medical condition did not warrant the surgery performed by the defendant and therefore, the performance of the surgery was not medically reasonable and the defendant doctor was responsible for all damages which flowed from the surgery which was RSD (Chronic Regional Pain Syndrome). The case settled one week prior to jury selection.

- This case was handled by Christopher T. Moyer.
 
$450,000.00 Car Accident Settlement - Cervical Fusion
This case which was handled by Kevin Weinstein and Christopher T. Moyer was resolved the day before trial. Our client was struck from behind on I-95 in Delaware. One of the key aspects of the case was filing suit in Philadelphia, Pennsylvania because Mr. Weinstein discovered that the corporate defendant regularly conducts business in Philadelphia.

The defendant filed objection to the suit being filed in Philadelphia but Mr. Moyer successful convinced the court that Philadelphia was the proper venue for the case. Another important aspect of the case was the utilization of a medical illustrator to create large replica drawings of the surgery and injuries suffered by our client.
 
$900,000.00 Automobile Accident Settlement

Kevin Weinstein and Christopher Moyer handled this case which resulted in a $900,000. settlement just prior to trial. Our client, a union carpenter was stopped in traffic and struck from behind by a SUV with such force as to cause his head to smash the rear
cab window and to lose consciousness at the scene of the accident. He suffered serious injuries to his lower back which required two surgeries. The case was difficult in part because our client had a significant past history of back problems in the same area as was injured in the accident, including two prior back surgeries. The key to the case was proving that the accident was the cause of our client's current back complaints.

To do this we retained multiple experts including an orthopedic surgeon and a neuroradiologist (a doctor who specializes in interpreting MRI films) to combat the defendant's medical experts who claimed that all of the injuries were pre-existing. In addition, we hired a vocational expert to calculate our client's loss of earnings. Another key to settlement was hiring a medical illustrator who created a trial exhibit by drawing the surgeries that were performed upon our client. Those diagrams where presented to the court and would have been used by our medical experts at trial to explain our client's injuries and surgeries.

You may view examples of these drawings in the Exhibit section of this website.

 
Teenager recovers from Stepmom for fall out from a moving vehicle

A 14 year old girl was helping her stepmother deliver early morning newspapers. The youngster sat in the back of the van with the door open while she folded and tossed the newspaper out the open door. No seatbelt was in use because she had to bend forward to pick-up the newspapers. Somehow, the youngster managed to fall out of the vehicle while it was in motion and struck her head on the roadway. While she suffered no serious physical injuries, her sense of smell was dramatically reduced following this incident.
Attorney Weinstein retained experts at Jefferson's famous Monell Institute for Taste and Smell to do extensive testing and confirmed the youngster's subjective complaints of decreased sense of smell. Although it was anticipated that the stepmother's insurance carrier would try to portray the step-daughter's claim as divisive to the family, attorney Weinstein was able to obtain a significant settlement in this claim.

- This case was handled by Kevin Weinstein.
 
$500,000.00 Result - Failure to Diagnose Abdominal Aneurysm

Attorney Chris Moyer helped our client, a 68 year old female, who appeared at the emergency room with complaints of severe abdominal pains. After a delay of multiple hours, x-rays were taken and she was diagnosed with constipation and given a laxative.
A few minutes later an aneurysm which was within her abdomen burst and she died on the operating table. We argued that had she received the proper work up and physical examination the aneurysm would have been spotted and she could have had it removed surgically before it burst, thus saving her life.

- This case was handled by Christopher T. Moyer.
 
$250,000.00 Result - Auto Accident

Our client, a 52 year old female, was involved in a serious accident in 1998. In 1994,
four years prior to the accident, our client underwent a spinal fusion with Harrington rod placement for scoliosis. Subsequent to that surgery she was placed in a back brace for ten (10) months and underwent physical therapy and was doing well at the time of the accident. After the accident she suffered an aggravation of her prior back condition and underwent radio frequency nerve ablations in an attempt to relieve her pain. The defendant argued that her complaints were related to her prior back problems and not related to the car accident. Our Philadelphia accident lawyers settled this case 1 day before trial.

- This case was handled by Christopher T. Moyer
 
$200,000.00 Result - Bus Runs over Minor

Our client, a 12 year old girl, was struck by a bus driver who was not paying attention
to our client who was lawfully crossing the street. She suffered a serious fracture of the pelvis and underwent open reduction, internal fixation of the fracture. Thankfully, she made an excellent recovery and she is now pain free. The case settled at the final pre-trial conference immediately prior to jury selection.

- This case was handled by Christopher T. Moyer
 
$300,000.00 Recovery from Insurance Policy Alleged to Only Be $15,000.00

Kevin Weinstein was recently able to convince a Superior court judge in Camden County, New Jersey that Ryder Trucks was responsible for the full amount of plaintiffs' damages despite the fact that it's rental agreement with the driver of the vehicle limited Ryder's responsibility to $15,000 per person in damages. Mr. Weinstein discovered that unlike New Jersey law, where a vehicle owner is not necessarily responsible for the actions of a person who operates a vehicle with the owner's permission, a New York statute expressly provides that an owner is always responsible for the actions of a driver of his vehicle.

Since the Ryder truck which caused Plaintiff's injuries was rented in New York to a New York resident, who then traveled into New Jersey, Mr. Weinstein convinced the trial judge that New York law should apply and that Ryder, as owner of the vehicle, could not claim its liability was only limited to the $15,000 in coverage it listed on the rental contract. Faced with a jury trial where the jury would have been instructed that New York law was applicable on this issue, Ryder quickly settled plaintiff's claim for full value.

- This case was handled by Christopher T. Moyer.
 
$250,000.00 Car Accident Settlement - Minor Brain Injury

Our client suffered from minor brain trauma and post-traumatic stress disorder and had difficulty returning to work. The defendant argued that there were no objective signs of injury including negative X-rays, CT scans and MRI's of the brain and that he suffered nothing more than a concussion and was engaged in symptom magnification.
Christopher T. Moyer successfully resolved this car accident case involving minor damage to our client's vehicle after mediation.

- This case was handled by Christopher T. Moyer.
 
$100,000.00 Broken Chair Settlement

Our client was injured when he was caused to fall by a chair that was broken. Settlement of this case was made extremely difficult because by the time the client came to us the defective chair had already been disposed of and the defendant was not on notice of the claim.

- This case was handled by Christopher T. Moyer.
 
Pennsylvania National Guard Prevented from Disclaiming Responsibility for Actions of Intoxicated Guardsmen

Numerous members of a family returning to Boston from a trip to Disney World, sustained debilitating injuries when their station wagon was struck head-on by a Pennsylvania National Guardsman who had lost control of his vehicle, crossed a grassy median and caused a head-on car accident. Both the driver and passenger of the National Guard vehicle were intoxicated at the time of the crash.

Despite the fact that one of the National Guardsman had permission to use the vehicle on the day prior to the collision there was no supervision to ensure that the National Guard vehicle was properly returned to the Guard Headquarters. The National Guard refused to defend the two guardsmen and filed a motion for summary judgment seeking an Order from the Pennsylvania Common Pleas Court that they were not responsible for the guardsmen's actions. Despite a compelling legal argument presented by Pennsylvania Attorney General's office, Kevin Weinstein was able to convince the Common Pleas Court that there was a sufficient legal and factual basis to hold the Pennsylvania National Guard responsible for the actions of its two guardsmen and the Court denied the Attorney General's motion, thus affording plaintiffs their day in court.

- This case was handled by Kevin Weinstein, Esquire
 
$113,000.00 settlement for Montgomery County motorcycle crash
A motorcyclist laid down his sport bike in order to avoid a collision with a vehicle which had pulled from a driveway onto the main road, suffering a fractured foot and other serious injuries. The insurance carrier for the operator of the car refused to tender their $50,000 policy limits because they believe this case had less value in Montgomery County. After filing suit we attempted to serve the defendant in Montgomery County, we learned she had moved to Philadelphia. We then dismissed the Montgomery County suit and re-filed in Philadelphia and we were able to convince the carrier to pay their $50,000 limits. We then pursued a claim against the motorcyclist's underinsured motorist carrier and convinced them to pay an additional $63,000 over and above the $50,000 insurance coverage provided by the operator of the car.
 
$240,000.00 settlement for 11 year old bicycle rider struck
by an automobile

An 11 year old was riding his bicycle to school one morning and he pedaled across the
top of a (T) intersection. The motorist who was on the leg of the (T) at a stop sign failed
to notice the young bicyclist and struck him on his left side. Initially the motorist claimed to the investigating police officer that the boy had been traveling in the wrong direction in the street and tried to absolve herself from liability. However, witnesses supported the young man's recollection that he had been on the sidewalk before he proceeded across the street. Later, when Kevin Weinstein, Esquire took the elderly driver's deposition, she didn't remember seeing the young man at all before the collision, eliminating her claim that he had been traveling in the wrong way on the cross street.

The young man's claim was further complicated by the fact thereafter the initial surgery
to repair his knee injury, he resumed playing football and participated on the school
track team and during his track and field activities, he suffered a re-injury which required several additional surgeries. The defense argued that his sports activity injury was a
new injury and not connected to the underlying collision with the automobile. Christopher T. Moyer, Esquire took a videotape deposition of claimant's treating orthopedist doctor
in preparation for trial and the case settled on the eve of trial for nearly all of the defendants policy limits.

   
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