Verdicts & Settlements - Nicholson Revell

$20M

Industrial Injury/Electrocution Resulting In Quadriplegia

settlement

Nicholson Revell LLP served as co-counsel to represent a South Carolina construction worker who suffered catastrophic injuries after being electrocuted at a power plant construction site. The client lost all four extremities as a result of his severe burns and other injuries. Multiple defendants were identified with complex liability insurance arrangements and intricate defenses. Shortly before trial, the case was settled through a structured settlement that will provide the needed lifetime benefits for our client.

$11.9M

Consumer Class Action

Judgment

Claim was asserted under the Telephone Consumer Protection Act that prohibits sending unsolicited fax advertisements. The Certified Class of claimants consisted of 1,321 businesses and individuals who received unwanted fax advertisements over a six (6) week period. Jury trial resulted in an $11.9 Million Judgment.

$11.2M

Consumer Class Action/Employment Discrimination

Settlement

Nicholson Revell LLP partnered with some of the nation’s leading employment class action attorneys to achieve a settlement on behalf of class members harmed by the United States Postal Service’s violation of the Rehabilitation Act. This settlement resulted in significant payments made to each class member.

$10.3M

Consumer Class Action/Breach of Warranty

Settlement

Settlement of nationwide Consumer Class Action against the manufacturer of home air conditioning units for breach of contract and breach of warranty. Evidence showed units were defective and could not be repaired to function properly.

$$$

Premises Liability/Toxic Gas Exposure

Confidential Settlement

Settlement for a 66-year-old woman who received catastrophic burns to 40% of her body and lost multiple fingers on each hand after having been exposed to nitrogen gas. We were able to establish liability on multiple corporate defendants involved in the design, installation, and operation of the liquid nitrogen delivery system.

$$$

Premises Liability/Anoxic Brain Injury

Confidential Settlement

A 2-year-old child suffered a severe and permanent anoxic brain injury when she fell into an unguarded, sunken water feature at a local shopping mall. Our lawyers got involved in the early stages, and after almost two years of hard-fought litigation, we successfully resolved the case in such a way that our client will have the financial security required for the lifetime of care she needs because of her tragic injury.

$7.5M

Consumer Class Action/Insurance Coverage

Judgment/Settlement

Claim was asserted against three (3) insurance companies to collect judgment rendered in consumer class action arising under the Telephone Consumer Protection Act. Insurers refused to pay a judgment rendered against the insured after the jury verdict and then denied coverage for the claim. Summary Judgment for $5 Million policy limits obtained against the excess carrier, which was later affirmed on appeal. The settlement, with the other 2 insurers, consisted of $1 Million of policy limits from the primary insurer and $1.4 Million from others.

$$$

Premises Liability/Products Liability/Fire Case

Confidential Settlement

Our firm served as lead counsel in a variety of cases arising out of the devastating fire that occurred at Marshall Square Retirement Community on June 2, 2015. The case was vigorously litigated with multiple claims involving premises liability, products liability, and governmental liability against multiple defendants. We resolved the claims of over 30 residents whose personal property was destroyed in the fire. We also resolved the claim of a resident who was left stranded in her third-floor apartment for seven hours before being rescued. Finally, we resolved the claim of the family of a resident who died because of the fire.

$5.9M

Medical Malpractice/Paraplegic

Settlement

A 67-year-old female presented to the emergency room with complaints of chest pain. An EKG was performed and showed 12 abnormalities. The patient remained in the ER for over 3 hours without seeing a physician, suffered a heart attack, and coded. Failure to treat properly rendered the patient a paraplegic and unable to speak. Constant attendant care now required.

$3.6M

Consumer Class Action/Insurance Benefits

Settlement

Nicholson Revell LLP served as lead counsel for a certified class of Georgia consumers who were not paid certain benefits on their first-party total loss vehicle claims. The insurer refused to pay sales tax and transfer fees for tag and title as part of the amount paid on total loss vehicle claims. Following the entry of favorable ruling in the trial court on the central legal question, the insurer appealed to the Georgia Court of Appeals. Before a decision was reached, the claim was settled for $3.6 Million, which resulted in significant payments to more than 19,000 Georgia consumers.

$$$

Medical Malpractice/Anoxic Brain Injury

Seven Figure Confidential Settlement

A 53-year-old man presented to ER after suffering from a brain hemorrhage that was repaired surgically. However, during hospital recuperation 10 days later, our client suffered a profuse nasal bleed during the negligent performance of respiratory therapy treatment. The defendant’s negligence caused our client to suffer cardio/pulmonary arrest and a code 99 event. Although our client survived, he sustained an anoxic brain injury that left him permanently disabled and in need of 24/7 attendant care. Case settled one month prior to trial.

$2.3M

Automobile Collision/Products Liability

Settlement

We represented the family of an 18-year-old woman who was killed in an automobile collision. Our attorneys were able to find and stack multiple applicable insurance policies pursuant to South Carolina law. In addition, we partnered with some leading products liability attorneys to prove liability on the part of Nissan for the failure of her airbag to deploy during the collision.

$2.3M

Product Liability/Propane Gas Explosion/Burn Injury

Settlement

A 55-year-old minister burned over 60% of his body when a propane gas heater exploded at his church. The gas company failed to turn off a valve when they refilled the tank located on the outside of the church. The gas company also failed to notify the church that the tank had been refilled and failed to give proper instruction to contact the company before re-lighting the heater.

$1.9M

Motor Vehicle Collision

Settlement

Our client suffered a severe fracture to her right ankle that required three hospitalizations and five surgical procedures. Our client was left totally and permanently disabled. The Defendant driver was in town on business for his employer, and failed to yield the right of way and turned left into the path of our client causing this serious injury. The case resolved at the pre-trial hearing.

$$$

Tractor-Trailer Collision/Wrongful Death

Settlement

A 39-year-old man was killed while driving a tractor trailer on U.S. 1 in Jefferson County, Georgia. The driver of another tractor trailer failed to stop at a stop sign and caused a violent collision. We were able to resolve the case for the maximum available insurance limits.

$1.6M

Motorcycle Collision

Settlement

A 39-year-old male was operating his motorcycle when he was struck by a driver pulling out of a private driveway. The collision left our client with a broken right tibia, which required multiple surgeries, including the placement of an external fixator, placement of an intramedullary nail, and bone grafting. The injury and subsequent treatment was incredibly painful for our client and caused him to miss considerable time from work. We successfully resolved the case on behalf of our client for $1.6 Million.

$$$

Motorcycle Collision

Confidential Settlement

We recently resolved a case on behalf of our client, who was catastrophically injured when he was struck by another vehicle while he was riding his motorcycle. The at-fault driver was within the scope of her employment when she pulled in front of our client and caused the collision. We resolved the case for the maximum available insurance limits shortly after filing suit.

$1.25M

Industrial Accident/Burn Injury

Settlement

A 43-year-old male was severely burned while working in a chemical plant. The claimant was adding a chemical known as Lupersal 575 to a reactor. As he was pouring the chemical into the reactor, a huge explosion took place, engulfing the claimant in flames. The claimant sustained third-degree burns to over 45% of his whole body. Medical expenses incurred were over $570,000 and the claimant has a 64% permanent disability to his whole person. A suit was brought against the manufacturer of Lupersal and the designer of the plant where the claimant was working. The claimant previously had all medical bills paid by workers’ compensation and received a settlement for total disability from workers’ compensation.

$1.15M

Motorcycle Collision

Settlement

Settlement for a 59-year-old retired United States Army Officer who was injured while riding his motorcycle. The at-fault driver failed to yield while turning left and collided with our client causing multiple traumatic injuries ultimately resulting in the amputation of his left leg. The case resolved for the maximum available insurance limits.

$$$

Medical Malpractice/Paralysis and Wrongful Death

Confidential Settlement

We recently resolved a medical malpractice lawsuit in which the medical providers at a local hospital failed to diagnose a debilitating spinal hematoma that was compressing our client’s spinal cord. As a result of the misdiagnosis as well as subsequent medical errors, our client was paralyzed and ultimately died. We resolved the case 1 month prior to trial.

$1.1M

Eminent Domain/Land Condemnation

Settlement

Nicholson Revell represented the owners of two convenience stores impacted by a DOT road widening project. Because of the project, one of the convenience stores had to close permanently. Nicholson Revell worked to ensure the property owners recovered not only for the loss of their land but also for the damage to their business’s value with the closure of one of the stores. Ultimately, our firm obtained a $1,100,500 settlement from the Georgia Department of Transportation.

$1.033M

Automobile Collision/Wrongful Death

Settlement

Nicholson Revell served as lead counsel representing the families of 3 nine-year-old boys who were killed in an automobile collision. We recovered all available automobile insurance coverage and then achieved a successful result in a claim against the Georgia Department of Transportation based upon the dangerous intersection design.

$1M

Medical Malpractice/Wrongful Death

Settlement

A 53-year-old male was involved in a serious front end motor vehicle collision and was pinned by the steering wheel. He was transported by ambulance to a local hospital and several radiology tests were ordered. Despite the fact that these tests revealed 7 broken ribs and a partially collapsed lung, the treating physicians failed to make the correct diagnosis and discharged him home. After 4 days of excruciating pain, he returned to the hospital but doctors were unable to save him and he died 10 days later. The case settled for the maximum amount allowed under the Georgia Tort Claims Act for wrongful death.

$1M

Medical Malpractice/Brain Injury

Settlement

A 59-year-old female underwent an orbital decompression procedure to alleviate symptoms of Graves’ Disease in her left eye. During the procedure, the surgeon removed too much bone behind our client’s eye, and Gelfoam used to stop bleeding was allowed to penetrate her cranial cavity. As a result, our client suffered a stroke and permanent neurological deficit. The case settled for the maximum allowable amount under Georgia’s Tort Claims Act.

$1M

Eminent Domain/Land Condemnation

Settlement

The Georgia Department of Transportation threatened eminent domain proceedings to acquire a portion of certain property on a roadway where a fast food restaurant business was operating. The available evidence showed that the business operation would likely suffer a significant loss in business and a reduction in land value because of the roadway project. The $1 Million settlement included just and adequate compensation for the value of the land taken, plus consequential damages to the remaining land, plus business damages to the fast-food restaurant business.

$1M

Medical Malpractice/Advance Directive for Medical Care

Settlement

In a groundbreaking case with considerable national interest, we resolved a case on behalf of the family of a 91-year-old woman whose end of life wishes were not honored during her admission at a local hospital. Despite having a written Advance Directive for Health Care that prohibited heroic measures to prolong her life, the medical providers ignored those instructions and proceeded with the unwanted medical treatment and surgery. Our lawyers felt strongly about the case and fought hard, including successful trips to both the Georgia Court of Appeals and the Georgia Supreme Court. Shortly before trial, the case settled for $1 Million.

$975K

Medical Malpractice/Delay in Treatment

Settlement

A 64-year-old male presented to a local hospital with excruciating leg cramps. He was soon diagnosed with occluded arteries in his left leg, but he did not receive any intervention for this condition for almost 11 hours. As a result of the delay in treatment, he developed compartment syndrome, and his left leg was amputated above the knee.

$$$

Medical Malpractice/Birth Injury

Confidential Settlement

Recovery for the mother and father of a 9-day old child who died as a result of sustaining a severe brain injury during labor. The evidence showed that the Defendant physician failed to recognize and react to multiple signs of fetal distress causing the baby to suffer from prolonged periods of hypoxia during labor resulting in his birth with a severe brain injury and subsequent death 9 days later. The case settled pre-suit.

$$$

Nursing Home Negligence

Confidential Settlement

An 83-year-old man was admitted to a local nursing home for Alzheimer’s related dementia. Shortly after his admission, the nursing home staff administered an extremely elevated dosage of Risperdal, an anti-psychotic medication that was not medically indicated and contrary to FDA black box warnings. As a direct result of the administration of such an elevated dosage of Risperdal, our client passed away less than 1 month at the nursing home.

$$$

Medical Malpractice/Surgical Complication and Wrongful Death

Confidential Settlement

A 58-year-old man died after a surgeon failed to recognize a surgical complication after gallbladder removal. Our attorneys filed suit against the surgeon and were able to obtain a favorable result for the surviving spouse at mediation.

$750K

Medical Malpractice/Misdiagnosis of Breast Cancer

Settlement

A 50-year-old female brought a medical malpractice action against the radiologist who failed to recognize a nodular density on her right breast on a mammogram. This nodular density was diagnosed a year later as being malignant. The failure to detect this nodular density prevented the claimant from having a better prognosis for cure and survival.

$$$

Medical Malpractice/Surgical Error

Confidential Settlement

A 73-year-old female died after undergoing routine gallbladder surgery at a local hospital. A surgical error caused a bile leak which resulted in our client being admitted to the hospital. Medical staff failed to recognized and appropriately respond to the bile leak which caused our client to ultimately pass away 1 month later.

$$$

Medical Malpractice/Surgical Error

Confidential Settlement

A 66-year-old female died after undergoing routine gallbladder surgery at a local hospital. A surgical error caused a bile leak which resulted in over 10 cups of bile leaking into the abdominal cavity. The bile leak caused our client to develop sepsis and ultimately pass away 5 days after surgery.

$$$

Premises Liability/Slip and Fall

Confidential Settlement

$$$

Tractor-Trailer Collision

Confidential Settlement

A local woman was grievously injured when a tractor-trailer rear-ended the vehicle in which she was a passenger. Through the hard work of our attorneys, she received a favorable result through settlement at mediation.

$650K

Automobile Collision/Cervical Spine Injuries

Settlement

We represented a woman who was injured in a low-speed rear-end automobile collision. Our client sustained injuries to her cervical spine, which ultimately required surgery. Our attorneys worked diligently to develop the evidence to prove the seriousness of the injuries she sustained. As a result, we were able to secure a substantial recovery for our client.

$$$

Medical Malpractice

Confidential Settlement

Our client became critically ill and required numerous, lengthy hospitalizations with additional surgeries and procedures as a result of negligently performed kidney surgery.

$$$

Tractor Trailer Collision/Wrongful Death

Confidential Settlement

Nicholson Revell partnered with some leading tractor-trailer collision attorneys and successfully resolved the case on behalf of the family of a man who died in a tractor-trailer collision. The tractor-trailer company initially attempted to pursue our clients for clean up expenses. We were able to establish liability on behalf of the driver and his company to secure a favorable settlement for our clients.

$600K

Medical Malpractice/Negligent Surgery

Settlement

The client was admitted to the hospital for the removal of a cancerous tumor on their kidney. Tumor removal was successful, but the surgeon negligently lacerated the client’s spleen, which caused extension bleeding and infection. Emergency repair surgery required to remove the necrotic spleen. During the second surgery, the doctor lacerated the pancreas and caused additional injury and infection. The client required extensive hospitalizations and treatment over several months.

$595K

Medical Malpractice/Wrongful Death

Settlement - Federal Tort Claims Act

The wrongful death of a 36-year-old female for medical negligence due to the misdiagnosis of cancer. The deceased went to various clinics and emergency rooms at the military hospital a total of 21 times in a nine-month period with symptoms and clinical findings. The deceased died from cervical/ovarian cancer that was not diagnosed properly by medical personnel.

$460K

Premises Liability/Industrial Accident

Settlement

Settlement for a 35-year-old male working at a local industry when he was struck in the face by machinery. A severe injury was inflicted to the lower jaw and several teeth. The claimant also sustained TMJ injuries. The defendant was negligent in failing to turn off pressure in the line, causing a 75 lb. expander plug to hit the claimant in the face.

$452K

Tractor Trailer Collision/Cervical Spine Injuries

Settlement

Settlement for a man who was a rear-seat passenger in a vehicle that collided with a tractor-trailer. Our client sustained cervical spine injuries that required surgical repair. We were able to establish liability on the part of the driver of the tractor-trailer as well as his employer for the violation of numerous federal motor carrier safety regulations.

$430K

Medical Malpractice/Spinal Cord Injury

Settlement - Federal Tort Claims Act

Settlement for a 24-year-old male who was a victim of medical malpractice by a local neurosurgeon and radiologist at a nearby hospital for failing to properly diagnose and treat a spinal cord cyst. The claimant is permanently disabled and is unable to be gainfully employed because of medical negligence.

$400K

Motor Vehicle Accident/Personal Injury

Settlement

Client was involved in an intersection collision on a 4-lane highway when the adverse driver failed to stop for a red light. After the collision, our client’s vehicle rolled over several times, resulting in severe injury to the lower back and neck. After a period of conservative treatment, our client underwent surgical fusion of vertebrae in the lower back. Case settled shortly before trial.

$350K

Automobile Collision

Settlement

A 4-year-old minor child involved in a motor vehicle collision while a passenger in a vehicle being driven by his mother. The mother's vehicle collided with a vehicle driven by an employee of a lawn care business who negligently turned into the path of the mother's vehicle. Minor sustained sixth nerve palsy, subarachnoid hemorrhage, and cervical spine injury that required hospitalization for approximately one month, including surgery to place a shunt to relieve pressure. One component of the settlement included periodic payments through an annuity policy with a guaranteed payout of more than $300,000 over the lifetime of the child.

$350K

Workers’ Compensation

Settlement

A 36-year-old male injured when he was struck in the back while driving a forklift at work. The claimant sustained a severed sciatic nerve in his back and paralysis to his right leg. The claimant has been totally disabled since the date of injury.

$325K

Premises Liability/School Liability/Brain Injury

Settlement

A 6-year-old boy suffered a traumatic brain injury after falling from the monkey bars on the playground of a local elementary school. Our attorneys were able to defeat the school system’s immunity defense by establishing that the playground surfacing material was not maintained to the required depth, which ultimately caused the severity of the injury.

$300K

Automobile Collision/Brain Injury

Settlement

A 67 year old female was involved in a rear-end motor vehicle collision. While seemingly uninjured at the time of the collision, she quickly developed symptoms of mild traumatic brain injury and was ultimately diagnosed with concussion and post-concussion syndrome. Our attorneys quickly filed suit and prepared the case for jury trial. The case resolved one month prior to trial.

$$$

Premises Liability/Trip and Fall

Confidential Settlement

A 53-year-old female suffered a severe break in her arm when she tripped and fell on an inadequately marked curb outside of a local gas station. She underwent numerous surgeries and therapy and sustained permanent disability. The case settled for a confidential amount after our firm was able to establish that the curb that caused our client’s fall violated Code requirements.

$300K

Pedestrian Injury/Wrongful Death

Settlement

Settlement for the family of a 26-year-old man who was struck and killed by a negligent driver while he was standing on the shoulder of the road helping a disabled vehicle.

$300K

Automobile Collision

Settlement

A 47-year-old man involved in a multi-vehicle collision at a busy local intersection when the at-fault driver ran a red light. Our client suffered serious neck and back injuries.

$270K

Eminent Domain/Land Condemnation

Verdict for Property Owner

Georgia DOT brought condemnation proceeding that required the closure of driveway access to owner’s commercial property located at a busy intersection in Columbia County. DOT argued that the taking did not cause any loss in value and offered nothing in consequential damages. After 3 day trial, the jury awarded $270,000 in damages.

$$$

Nursing Home Negligence/Wrongful Death

Confidential Settlement

A 73-year-old female died as a result of a brain injury she sustained as a result of the mismanagement of Coumadin therapy by the Medical Director Physician and the nursing staff at the nursing home.

$$$

Medical Malpractice/Wrongful Death

Confidential Settlement

A 65-year-old man died while in the care of a local hospital. Doctors and hospital personnel failed to timely order and obtain a stool sample to test for Clostridium difficile (C. Diff.) infection which the autopsy listed as the cause of death.

$245K

Automobile Collision

Settlement

A 52-year-old female was involved in a motor vehicle collision while a passenger in a vehicle being driven by her daughter. The claimant was struck by a vehicle being driven by an off-duty police officer. The claimant sustained a broken hip, a broken leg, multiple facial lacerations, and a pulmonary contusion. Injury to her hip caused her muscles to contract, which resulted in her left leg being one-half inch shorter than her right. The claimant was required to wear orthopedic shoes. The claimant sustained over $74,000 in medical expenses.

$235K

Railroad Grade Crossing Collision/Wrongful Death

Settlement

A 47-year-old resident of Burke County, Georgia was struck and killed by a Norfolk-Southern locomotive at a grade crossing in Jenkins County, Georgia, near Millen. Sight distances at the crossing were inadequate for a motorist to safely cross the intersection.

$225K

Auto Accident/Rear End Collision

Settlement

Policy limits settlement for a 72-year-old female who was a passenger in a vehicle struck from the rear and thrown into the path of an oncoming vehicle. Severe injury to right shoulder and arm – fracture of humerus. Medical expenses were $66,000; 36% permanent impairment to right upper extremity and 22% permanent impairment to her whole person.

$225K

Medical Malpractice/Wrongful Death

Settlement

Wrongful death of a 58-year-old man who presented to Veterans Administration Medical Center Life Support Unit with symptoms of shortness of breath, elevated temperature, and persistent cough. Medical personnel failed to order a chest x-ray and blood work. The deceased was sent home and died 18 hours later from acute respiratory failure.

$$$

Nursing Home Negligence/Wrongful Death

Confidential Settlement

Settlement for the family of a 76-year-old female who died as a result of negligent care she received in a nursing home. Nursing home personnel failed to elevate the head of the bed of the resident who was on a g-tube resulting in death from aspiration pneumonia.

$200K

Medical Malpractice

Settlement

Local VA failed to order any follow-up treatment for our client for 3 years after a test revealed the presence of colon cancer. As a result, the cancer was allowed to progress untreated and our client endured significant pain and additional unnecessary medical treatment.

$200K

Medical Malpractice

Settlement

Settlement for a 50-year-old male who fell and injured his back and neck while he was a patient in a hospital. Nursing personnel failed to implement proper procedures to prevent the claimant from getting out of his bed by himself without assistance. Plaintiff sustained a compression fracture of his cervical spine, which required surgery.

$190K

Automobile/Motorcycle Collision

Settlement

A 26-year-old male, active duty Air Force, was struck by another vehicle while riding his motorcycle. The claimant sustained a fracture of both bones in his lower right leg and also a ligament injury to his left knee. He also sustained an injury to his left thumb. Medical expenses totaled over $40,000. He had an eight percent permanent partial disability to his whole person.

$125K

Medical Malpractice/Wrongful Death

Settlement

Settlement for the wrongful death of an 80-year-old woman who fell in a hospital after a cardiac catheterization procedure and died two days later due to a subdural hematoma. Hospital nurses failed to monitor the patient properly.

$100K

Auto Accident/Passenger

Settlement

A 21-year-old male passenger in a vehicle struck by a grading vehicle owned and operated by a construction company doing work on the roadway. The claimant suffered permanent facial scarring and incurred medical expenses of $13,000.

$100K

Premises Liability/Negligent Security

Settlement

Settlement for a 30-year-old male shot while on hotel premises during a special event. The claimant sustained a gunshot wound to his jaw and incurred $56,000 in medical expenses. The settlement was with the owners of the motel and radio station event sponsor. Defendants failed to provide adequate security by protecting guests and participants from harm.