Androscoggin Superior Court. Jury verdict obtained for a mother and child for medical care, lost earnings, lost enjoyment of life against local hospital and certified nurse midwife. The child suffered hypoxic ischemic encephalopathy as a result of the mismanagement of the last two hours of labor.
Berman & Simmons Recent Cases
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Julian Sweet, Retired -
Steven Silin, Retired $550,000 verdict in Medication Errors case
Rockland, Knox County, Maine. Plaintiff, an elderly lady, was diagnosed with cancer and was prescribed a chemotherapy drug by her doctor. Because the pharmacist at Wal-Mart Pharmacy gave her a wrong prescription, which was a stronger dosage cancer drug, plaintiff developed severe side effects caused by the wrong drug. Due to defendant’s negligence and pharmacy error, plaintiff incurred internal bleeding, was in the hospital for five weeks and received numerous blood transfusions.
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Julian Sweet, Retired $1.2M verdict in Medical Malpractice – Failure to Diagnose case
Machias, Washington County, Maine. 32 year old plaintiff incurred severe pain and suffering and emotional distress due to defendants’ failure to notify him of diagnosis of kidney cancer until approximately one year after he was diagnosed. Defendant doctor claimed that defendant radiologist failed to call him with results of renal ultrasound, which confirmed presence of a large soft tissue mass. Plaintiff was discharged from hospital and never received his diagnosis.
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$810,000 settlement in Wrongful Death case
Portland, Cumberland County. Wrongful death action brought on behalf of parents of an 18-year old boy who was murdered in the parking lot of a Portland restaurant. The restaurant and its parking lot had been the scene of a large number of violent and criminal incidents. On the evening of the incident, a fight began in the parking lot and the decedent was stabbed by an unknown assailant. The owners of the restaurant agreed to compensate the plaintiffs for the loss of their son.
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$435,000 verdict in Defective Products case
Auburn, Androscoggin County, Maine. In this products liability accident case, an elderly woman was hit by an automatic door while entering Shaw’s Supermarket in Lewiston, Maine, due to a design defect in the door wherein the motion detector beam was not positioned close enough to threshold. She was knocked to the ground and sustained a broken leg and other pain and suffering from her fall. Prior to trial, defendant door manufactuer settled for $400,000.
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Daniel G. Kagan $1.4M verdict in Wrongful Death case
Augusta, Kennebec County, Maine. Wrongful death action on behalf of decedent who froze to death after being stranded overnight in his wheelchair due to landlord’s failure to clear walkway of ice and snow. Probable cause of death was hypothermia. Plaintiff also sued for loss of consortium, comfort, society and companionship and conscious pain and suffering. Prior to trial, settlement offer was $150,000.
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$22M verdict in Defective Products case
Burlington, Chittenden County, Vermont. $22.5 million jury verdict on behalf of electrical utility lineman who suffered bilateral, below-the-knee amputations resulting from high-voltage electrical operations. The verdict followed a three-week jury trial in Burlington, Vermont, and is the second highest jury verdict in Vermont history.
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Steven Silin, Retired $4.2M verdict in Workplace Fire and Explosion case
Bangor, Penobscot County, Maine. Plaintiff was seriously injured in this workplace fire and explosion accident while providing maintenance on a hydraulic cylinder of an industrial dump truck. Plaintiff lost his leg and suffered serious burns over 65% of his body, plus significant lost wages. Prior to trial, plaintiff settled with manufacturer of cylinder for $500,000 and also with the workers’ compensation carrier for an additional lump sum and waiver of liability lien.
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$423,000 verdict in Wrongful Death case
Skowhegan, Somerset County, Maine. While installing a private power line, a 41-year old electrician fell 30 feet to his death when the utility pole he was working on snapped off. The Plaintiff, represented by the deceased client’s estate, sued the landowner for loss of comfort, society, and companionship in this wrongful death action. Prior to trial, settlement offer was $50,000.
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$348,000 verdict in Breach of Contract and Contract Fraud case
Bangor, United States District Court, Maine. The Plaintiff, an owner of trucking company, sued defendant for breach of contract and contract fraud when he was not paid by defendant for the sale of his company to them. We argued that defendant fraudulently tried to hide their assets by transferring them in order to make the purchasing corporation unable to pay. Prior to trial, settlement offer was $75,000.