4.3 Million Dollar Liquor Liability Settlement
Kevin Marciano was the attorney in a liquor liability case that settled for $4.3 million before the Honorable Frederica Massiah Jackson, Philadelphia County Court of Common Pleas. His client was a woman from Chadds Ford, Delaware County who suffered a spinal cord injury while riding as a passenger in a car that was driven into a tree by her drunk husband. Two different liquor-serving establishments, located in West Chester, Chester County, Dilworthtown Inn and Blue Pear Bistro, had continued to serve the man beer and martinis even after he was visibly intoxicated. The service of alcohol to someone who appears visibly intoxicated (.i.e. glassy eyes, slurred speech, staggering etc.) is a violation of the dram shop laws. His blood alcohol content (BAC) was more than double the legal limit. She received much of her medical treatment in Philadelphia at Magee Rehabilitation. The 46-year-old wife must live out her life as a quadriplegic. The husband pled guilty to driving under the influence (DUI) in Delaware County Court of Common Pleas and was sentenced to jail. The settlement included a donation to MADD (Mothers Against Drunk Driving). Marciano & MacAvoy, continues its fight to protect the roadways of Pennsylvania from drunk drivers.
2.5 Million Dollar Medical Malpractice/Wrongful Death Settlement
Kevin Marciano successfully represented a Delaware County family of a young woman whose death followed soon after a visit to the emergency room with complaints of an unidentified flu-like illness. The 26-year-old patient was sent home without being treated and was not notified at any time of the outcome of blood tests taken in the ER that demonstrated a low platelet count, Thrombotic thrombocytopenic purpura or TTP. She was re admitted to a hospital in Philadelphia where she later lost consciousness, fell into a coma and died. She left behind a husband and three children. The medical malpractice and wrongful death claims were brought against the hospital and the emergency room doctor. A settlement of $2,500,000 was reached to compensate her three children and disabled husband. The firm continues to protect patients from medical negligence in Pennsylvania and beyond.
1.5 Million Dollar Slip-and-Fall Verdict
A union truck driver who was a member of the Teamsters union was awarded $1.5 million in a jury verdict by a Philadelphia County jury after he suffered serious brain injuries resulting in permanent disabilities in a workplace injury. More specifically, he had a closed head injury. He treated at various medical facilities in Delaware and Philadelphia Counties. The slip/fall accident that occurred in Philadelphia at a nursing home on an icy surface occurred as he was getting out of his delivery truck. The property owners had failed to clear the ice and snow from the ground following a snowfall five days before. He currently lives in Broomall, Delaware County, PA
1.35 Million Dollar Misdiagnosis Verdict
A Philadelphia cardiologist advised his 57-year-old patient from Atlantic City, NJ to discontinue her anti-coagulation therapy before surgery. She had been taking Coumadin regularly. A Philadelphia cardiothoracic surgeon postponed the surgery by one day, during which time the woman suffered a blood clot or deep vein thrombosis in her legs, necessitating costly medical procedures. She suffered permanent injuries to her legs and was no longer able to work again. A medical malpractice lawsuit was filed in Philadelphia County and a Philadelphia jury returned a verdict of $1,350,000 to compensate her for lost wages, pain and suffering and disfigurement.
1.25 Million Dollar Motorcycle Accident Settlement
A senior citizen was commuting to his work in Philadelphia on his motorcycle when another driver turned left in front of him. He was in an extended coma after the collision. As a result of the car accident, he was at Philadelphia hospital and rehabilitation facility for months. The crash left him with a traumatic brain injury, bone fractures and permanent disabilities including a non-functional left arm He also had brain damage and walks with a limp. The matter settled for $1,250,000 which allowed him to obtain care for him for the rest of his life. His settlement funds were placed into a special needs trust so he was able to continue receiving governmental benefits.
1.2 Million Dollar Motor Vehicle Accident Settlement
A young man and new father, was a passenger in a vehicle when a truck ran a red light at a high rate of speed and crashed into his vehicle. The truck accident occurred in Northeast, Maryland, His resulting death left his wife and baby daughter without a husband and father. A pre-lawsuit settlement was reached to compensate his wife and daughter for lost wages, pain and suffering and other damages.
1 Million Dollar Liquor Liability Settlement
Marciano secured a $1,000,000 settlement for Dennis Fisher of Delaware County in a lawsuit for dram shop liability. After a driver was over served alcohol at Duffers Pub and Cookies in Glen Mills, Delaware County while visibly drunk. After leaving the bar, he collided with a tree on a Chester County roadway. Mr. Fisher was a passenger in the car. Mr. Fisher was in a coma for 78 days. The driver's blood alcohol content, BAC was more than 3 times the legal limit, .291. Stephen Nelson of Delaware County skipped town after being arrested and therefore the only means of recovery was from Duffers. The settlement was secured prior to filing a lawsuit and represented the entire amount of insurance coverage of the bar. A lawsuit had been threatened if the entire amount of the insurance policy was not paid to Mr. Fisher. This establishment was held liable for permanent brain damage suffered by Mr. Fisher.
1 Million Dollar Workplace Personal Injury Settlement
A union mechanic working at the Sunoco Marcus Hook refinery located in Delaware County suffered a workplace injury when he was exposed to contaminated steam exposure A lawsuit was filed in Philadelphia County. The mechanic suffered brain damage as a result of breathing in steam that contained hundreds of hydrocarbons. Sunoco admitted that its negligence was the cause of the steam contamination. The mechanic continues to suffer from axonal sensorimotor polyneuropathy. He also has noticeable tremors, speech problems and brain damage as well other serious and permanent injuries. He was not able to return to work and was rendered completely disabled. . His settlement of $1,000,000 will permit him to move forward and not have to worry about working or payment of future medical treatment.
Birth Injury Settlement
A Delaware County baby suffered Erb's Palsy (Brachial Plexus Injury) during her birth. It was caused by shoulder dystocia that occurred during the birthing process.. The child has endured two repair surgeries at Philadelphia hospitals. The child will never regain full use of her arm or wrist. She will never be able to participate in sports or perform many functions of daily living. The medical malpractice settlement has enabled her to seek special schooling in Delaware County and to provide certainty to her future.
Failure to Diagnosis Cancer Settlement
Following wrongful imprisonment in Philadelphia, a 48-year-old Philadelphia man complained of sinus problems but was never treated property while incarcerated. Upon his release, he secured proper medical treatment at multiple Philadelphia cancer treatment centers. He was advised that there had been a failure in diagnosing his cancer. The delay in diagnosis of his sinus cancer allowed the cancer to reach an advanced stage with resulting surgeries, disfigurement and permanent injury. He will never be able to work again. The medical malpractice settlement will allow him to not worry about future medical treatment and wages.
Settlement Reached in Erb's Palsy Case
Kevin Marciano was contacted by the parents of a teenager who had been left with limited use of his arm since birth. After a thorough investigation, it was revealed that a young and inexperienced resident doctor at a Philadelphia hospital had improperly delivered the baby during childbirth. The resident doctor did not properly react to a shoulder dystocia birth complication. Because of the doctor's negligence, the young man suffers from Erb's Palsy (Brachial Plexus Injury), which is permanent. The child has endured multiple repair surgeries and other treatment including physical therapy. The money from the settlement has assured him to have continued medical treatment and therapy. Also, the teenager has used some of the settlement proceeds to start and develop a successful business in the Willingboro, NJ area.
Settlement Reached for Emergency Room Failure to Diagnose a Pulomonary Embolism
Kevin Marciano represented a young boy who lost his mother to medical malpractice. His mother went to a Delaware County hospital with complaints of chest pain and she had a history of smoking. Despite these obvious signs of a pulmonary embolism, she was not give a CT scan but merely discharged. Despite having a pulmonary embolism at the hospital it was never diagnosed. She died shortly after her release. The hospital and emergency room doctor were sued. Days before trial a Delaware County Common Pleas judge assisted in a resolving the case through an out of court settlement.