1. Consumer Class Action
$11.9 Million Judgment
Claim was asserted under the Telephone Consumer Protection Act that prohibits sending unsolicited fax advertisements. 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 $11.9 Million Judgment.
2. Consumer Class Action/Employment Discrimination
$11.2 Million 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.
3. Consumer Class Action/Breach of Warranty
$10.3 Million Settlement
Settlement of nationwide Consumer Class Action against 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.
4. Consumer Class Action/Insurance Coverage
$7.5 Million 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 judgment rendered against the insured after jury verdict and then denied coverage for claim. Summary Judgment for $5 Million policy limits obtained against excess carrier, which was later affirmed on appeal. Settlement with other 2 insurers consisted of $1 Million of policy limits from primary insurer and $1.4 Million from others.
5. Medical Malpractice/Paraplegic
$5.9 Million Settlement
67 year old female presented to the emergency room with complaints of chest pain. EKG was performed and showed 12 abnormalities. Patient remained in the ER for over 3 hours without seeing a physician, suffered a heart attack and coded. Failure to treat properly rendered patient a paraplegic and unable to speak. Constant attendant care now required.
6. Consumer Class Action/Insurance Benefits
$3.6 Million 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.
7. Medical Malpractice/Anoxic Brain Injury
Seven Figure Confidential Settlement
53 year old man presented to ER after suffering from 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 a respiratory therapy treatment. The defendant’s negligence caused our client to suffer cardio/pulmonary arrest and 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.
8. Product Liability/Propane Gas Explosion/Burn Injury
$2.3 Million Settlement
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 company before re-lighting heater.
9. Motor Vehicle Collision
$1.9 Million 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.
10. Industrial Accident/Burn Injury
$1.25 Million Settlement
43 year old male was severely burned while working in a chemical plant. 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 claimant has a 64% permanent disability to his whole person. Suit was brought against manufacturer of lupersal and the designer of the plant where the claimant was working. Claimant previously had all medical bills paid by workers’ compensation and received a settlement for total disability from workers’ compensation.
11. Medical Malpractice/Wrongful Death
$1 Million Settlement
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.
12. Medical Malpractice/Brain Injury
$1 Million Settlement
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.
13. Eminent Domain/Land Condemnation
$1 Million 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 reduction in land value because of the roadway project. The $1 Million settlement included just and adequate compensation for value of the land taken, plus consequential damages to the remaining land, plus business damages to the fast food restaurant business.
14. Nursing Home Negligence
Confidential Settlement
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 which 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.
15. Medical Malpractice/Misdiagnosis of Breast Cancer
$750,000 Settlement
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 better prognosis for cure and survival.
16. Medical Malpractice/Surgical Error
Confidential Settlement
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.
17. Medical Malpractice/Surgical Error
Confidential Settlement
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.
18. 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.
19. Medical Malpractice/Negligent Surgery
$600,000 settlement
Client admitted to hospital for removal of cancerous tumor on kidney. Tumor removal was successful, but surgeon negligently lacerated client’s spleen, which caused extension bleeding and infection. Emergency repair surgery required to remove necrotic spleen. During the second surgery the doctor lacerated the pancreas and caused additional injury and infection. Client required extensive hospitalizations and treatment over several months.
20. Medical Malpractice/Wrongful Death
$595,000 Settlement - Federal Tort Claims Act
Wrongful death of 36 year old female for medical negligence due to misdiagnosis of cancer. Deceased went to various clinics and emergency room at military hospital a total of 21 times in a nine month period with symptoms and clinical findings. Deceased died from cervical/ovarian cancer that was not diagnosed properly by medical personnel.
21. Premises Liability/Industrial Accident
$460,000 Settlement
Settlement for 35 year old male working at local industry when he was struck in the face by machinery. Severe injury inflicted to lower jaw and several teeth. Claimant also sustained TMJ injuries. Defendant was negligent in failing to turn off pressure in line, causing 75 lb. expander plug to hit claimant in the face.
22. Medical Malpractice/Spinal Cord Injury
$430,000 Settlement - Federal Tort Claims Act
Settlement for 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.
23. Motor Vehicle Accident/Personal Injury
$400,000 Settlement
Client involved in intersection collision on 4 lane highway when adverse driver failed to stop for red light. After the collision, our client’s vehicle rolled over several times, resulting in severe injury to lower back and neck. After period of conservative treatment, our client underwent surgical fusion of vertebrae in lower back. Case settled shortly before trial.
24. Automobile Collision
$350,000 Settlement
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 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 shunt to relieve pressure. One component of the settlement included periodic payments through an annuity policy with guaranteed payout of more than $300,000 over the lifetime of the child.
25. Workers’ Compensation
$350,000 Settlement
36 year old male injured when he was struck in the back while driving a forklift at work. Claimant sustained a severed sciatic nerve in his back and paralysis to his right leg. Claimant has been totally disabled since the date of injury.
26. Automobile Collision/Brain Injury
$300,000 Settlement
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.
27. Premises Liability/Trip and Fall
Confidential Settlement
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.
28. Pedestrian Injury/Wrongful Death
$300,000 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.
29. Automobile Collision
$300,000 Settlement
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.
30. Eminent Domain/Land Condemnation
$270,000 Verdict for Property Owner
Georgia DOT brought condemnation proceeding that required closure of driveway access to owner’s commercial property located at 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, jury awarded $270,000 in damages.
31. Nursing Home Negligence/Wrongful Death
Confidential Settlement
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.
32. Medical Malpractice/Wrongful Death
Confidential Settlement
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.
33. Automobile Collision
$245,000 Settlement
52 year old female was involved in a motor vehicle collision while a passenger in a vehicle being driven by her daughter. Claimant was struck by a vehicle being driven by an off-duty police officer. 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. Claimant was required to wear orthopedic shoes. Claimant sustained over $74,000 in medical expenses.
34. Railroad Grade Crossing Collision/Wrongful Death
$235,000 Settlement
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.
35. Auto Accident/Rear End Collision
$225,000 Settlement
Policy limits settlement for 72 year old female who was a passenger in a vehicle struck from rear and thrown into path of 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 whole person.
36. Medical Malpractice/Wrongful Death
$225,000 Settlement
Wrongful death of 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 chest x-ray and blood work. Deceased was sent home and died 18 hours later from acute respiratory failure.
37. 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.
38. Medical Malpractice
$200,000 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.
39. Medical Malpractice
$200,000 Settlement
Settlement for 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 claimant from getting out of his bed by himself without assistance. Plaintiff sustained a compression fracture of his cervical spine, which required surgery.
40. Automobile/Motorcycle Collision
$190,000 Settlement
26 year old male, active duty Air Force, was struck by another vehicle while riding his motorcycle. 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.
41. Medical Malpractice/Wrongful Death
$125,000 Settlement
Settlement for wrongful death of 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.
42. Auto Accident/Passenger
$100,000 Settlement
21 year old male passenger in a vehicle struck by grading vehicle owned and operated by a construction company doing work on the roadway. Claimant suffered permanent facial scarring and incurred medical expenses of $13,000.
43. Premises Liability/Negligent Security
$100,000 Settlement
Settlement for 30 year old male shot while on hotel premises during a special event. Claimant sustained gunshot wound to his jaw and incurred $56,000 in medical expenses. Settlement was with owners of motel and radio station event sponsor. Defendants failed to provide adequate security by protecting guests and participants from harm.
