Verdicts + Settlements
In Doe, Duffy + Fulginiti negotiated a record-setting settlement, of which $54,350,000 was not confidential, for a young teenager who was helping in a food truck owned by her aunt when an explosion in the truck left her with disfiguring burns on over 65% of her body. It was determined that the cause of the explosion was a propane tank, and further discovered that a U-Haul outlet where the food truck’s tanks were taken regularly to be replenished was filling defective tanks illegally and with uncertified personnel. This settlement is reported to be the largest Pennsylvania state court pre-verdict settlement in history for a minor. It is also reported to be the second largest pre-verdict settlement in Pennsylvania state court history. It was negotiated as part of a larger settlement, of which $160,000,000 was not confidential, for four victims of the explosion.
A young man travelled with his school on a field trip where there was little or no adult supervision and suffered a paralyzing injury. Duffy + Fulginiti filed a lawsuit against the school on his behalf and obtained a confidential settlement.
Duffy + Fulginiti obtained a verdict for property owners who suffered catastrophic losses from flooding due to failures in construction sequencing. While the defendants either argued they were not negligent or their negligence did not cause the damages suffered by the plaintiffs, the jury clearly found otherwise.
In Rice, the Pennsylvania Superior Court affirmed a $12,400,000 verdict (obtained in addition to a $3,500,000 settlement previously received) which, combined with interest and delay damages, totaled over $22,500,000. This affirmation was for the retrial of a 2006 case, where Duffy + Fulginiti’s client Leroy Rice, a forklift operator, was crushed and partially paralyzed by pallets of frozen food when the warehouse racking he was working near collapsed upon him.
In Campbell, Duffy + Fulginiti won a verdict on behalf of a diabetic man for treatment he received in the emergency room of Temple University Hospital. The firm successfully rebutted defense arguments and proved that diabetics who suffer from repeated episodes of hypoglycemia develop a condition termed 'hypoglycemic unawareness' in which the brain becomes less sensitive to lower and lower glucose levels.
Duffy + Fulginiti obtained a confidential settlement against a bar for negligent security and overserving a patron who eventually shot a young man in the parking lot of the bar, rendering the man a paraplegic, as well as a judgment against the patron who shot the plaintiff.
Duffy + Fulginiti obtained a confidential settlement from a major Philadelphia hospital and its doctors based on proof that the doctors failed to appreciate distress on a fetal monitoring strip. The doctors delayed performing a cesarean section which resulted in anoxic injury to the child and severe cerebral palsy.
In Lewis, Duffy + Fulginiti represented a Philadelphia doctor in a five-week trial where a jury awarded $15,700,000 to the doctor and occupants of a car she had rented after an accident stripped her of the use of her left arm and her medical practice. Attorneys for a Toyota dealer under contract to provide maintenance on the vehicle argued that the client had been speeding and the car hydroplaned, but the firm prevailed in persuading jurors that it was mechanical failure due to faulty maintenance and service. The verdict was later affirmed by the PA Superior Court, then challenged and upheld in PA Supreme Court resulting in a recovery of over $19,500,000 with interest.
Confidential settlement obtained for a construction worker who became paralyzed due to inadequate safety precautions on a job site, which resulted in the worker being struck in the back by a beam during crane operations. The case focused on the negligent operations of the site in general.
Confidential medical malpractice settlement obtained against a hospital for a 33-year-old woman who suffered a stroke weeks after being discharged from the emergency room despite similar complaints. She now has a condition known as locked-in syndrome; much of her body and face is paralyzed, although she can communicate by performing certain eye movements (up and down) and slightly squeezing her right hand. Despite her care occurring in Montgomery County, Duffy + Fulginiti was successful in establishing and keeping the action in Philadelphia County.
Confidential settlement from a major Philadelphia hospital and its doctors based on our proof that an attending maternal fetal medicine physician and residents who were asked to monitor a mother's labor failed to see that an increase in her glucose level was caused by a failure to properly administer insulin. The doctors delayed initiating delivery for the child, resulting in an anoxic injury, causing severe cerebral palsy.
Duffy + Fulginiti obtained this settlement for client Terry Whittlesey, a young man who, while a passenger in a car on his way to a vacation, was rear-ended by a commercial truck. The trucking company denied all fault associated with the accident and only agreed to the settlement after jury selection was completed and the trial was about to begin. The settlement, which was reported as one of the largest in Pennsylvania that year, enabled Mr. Whittlesey to move into a home specially constructed to accommodate his ongoing physical needs.
A 53-year-old farmer, a husband and father of five, suffered second and third degree burns on 25% of his body following a portable stove malfunction. The firm, along with its product experts, cited issues with packaging, labelling, and a lack of instructions (both in the package and from the seller). The seller tendered its full $1,000,000 insurance policy, and the firm also secured a $9,300,000 verdict against the manufacturer.
A young woman on her way to work was struck from behind by a box truck and subsequently died from her injuries. Duffy + Fulginiti brought suit against the driver and his employer and successfully obtained a confidential settlement after it was shown through discovery that the corporate defendant provided little or no supervision over the driver who had repeated motor vehicle violations.
A young professional man visited a hospital ER in the region complaining of back pain, chest pain, headache and cough. Even though a number of tests indicated emergency surgery was needed that could not be performed at that hospital, the hospital delayed the transfer of the patient to another hospital and failed to include critical test results when the patient was finally transferred. Sadly, the patient died. The defendants argued that underlying medical issues, including Marfan syndrome and mitral valve prolapse, were contributing factors out of their control, that the patient was in significant end-organ dysfunction upon arrival and that he would not have survived the surgery. However, Duffy + Fulginiti obtained a $7,500,000 settlement for his surviving wife and young child.