Practice Areas

• Nursing Home Abuse & Neglect
• Medical Negligence, Mistakes and Malpractice
• Personal Injury & Wrongful Death
• Insurance: Unfair Insurance Claim Practices

News

Medical Negligence, Mistakes and Malpractice

• Jury in trial awards damages to brain damaged victim of medical negligence
  May 04, 2009

  A jury returned a $12,000,000 verdict in a medical negligence case arising from a procedure performed by a prominent doctor in a state continguous to North Carolina. The negligence arose from a procedure intended to diagnose the patient victim's bowel problems. This young woman was left so brain damaged she now cannot take care of herself.

  - 11 - 20

• Justice News Flash: Birth Defect Medical Malpractice Article
  May 03, 2009

  Doctors sometimes improperly force a baby’s arm or hand through the pelvis and/or birth canal during delivery, and in that case could be risking damage to the baby’s nerves, causing what is known as Erb’s Palsy or Kumpke's palsy. This happens when the nerves called the brachial plexus (a group of nerves controling movement of the hands and arms) is hurt. Another birth difficulty that is fairly common can result in oxygen deprivation (too little oxygen), and prolonged oxygen deprivation can cause brain injury to the baby. - 12 - 20

• Medical Malpractice Victory for Baby Whose Brain Was Injured at Birth
  Oct 27, 2008

  By North Carolina Medical Malpractice, Injury and Wrongful Death Lawyer Thomas Pleasant. A large metropolitan newspaper reports successful verdict for a baby who was brain injured at birth. Although the verdict was high, the reality, according to the baby's attorney, is that the money is less than it would seem. Generally, the medical care required throughout the life of a brain injured infant or baby is enormous, and damages in these cases tend to be much higher even than in wrongful death cases. Click here for the full story: http://www.chicagotribune.com/news/chi-ap-wi-malpracticeaward,0,6489448.story - 13 - 20

• $6 Million Awarded To Family of Patient Killed by Morphine Overdose
  May 27, 2008

  The Tuscon Citizen Reports: "A jury awarded a Tucson family $6 million in a lawsuit brought after an ailing 81-year-old relative died of a morphine overdose. Mary Culpepper and two other relatives last month were awarded $2 million each, with the cost to be paid 90 percent by operators of a nursing home, Manor Care Health Services, and 10 percent to be paid by Tucson Medical Center." This event actually happened in a nursing home; but drug overdoses are common medical mistakes made by doctors, nurses, hospitals, and other healthcare providers. Click the link to read the actual article. - 14 - 20

Insurance: Unfair Insurance Claim Practices

• Thomas Pleasant Settles Homeowner Insurance Claim Case. Insurer Pays About Double What It Claimed Was Due For House Repairs
  May 17, 2008

  Thomas Waitt Pleasant recently settled a fire insurance unfair claims practices case for a client, getting insurance money in an amount that almost doubled what the insurance company originally claimed was due to the homeowner/policyholder.  The insurance company ended up paying a total of about $253,000.00 just for the home repairs -- an amount about double what the insurance company originally claimed the repairs would cost.
  
  The home of Mr. Pleasant's client burned on Christmas Eve 2005, when a small portable heater tipped over. The house was uninhabitable. There was no allegation of arson. Plaintiff notified the insurer of the claim on Christmas day.   In February 2006, the insurer produced and proposed a dwelling repair estimate from its subcontractor adjuster totaling approximately $123,000.00.  Plaintiff contended that this estimate was inadequate and incomplete, and the insurer later acknowledged thiis.
  
  The insurance company’s subcontractor-adjuster re-inspected the dwelling in May 2006, for the purpose of revising the first estimate.  This subcontractor-adjuster was terminated by the insurer in approximately June 2006, having never revised the estimate. In October 2006, after Plaintiff retained counsel, and over eight months after the loss, the insurer paid the undisputed amount (approximately $123,000.00), based on the first estimate.
  
  The insurer then had a second subcontractor-adjuster inspect the dwelling. This second adjuster produced and proposed a dwelling repair estimate of approximately $124,000.00 (only about $1,000.00 greater than the first estimate).  The insurer took the position that this estimate was accurate, and paid the difference between this new estimate and the undisputed amount previously paid. Mr. Pleasant filed suit on the plaintiff's behalf, claiming damages related primarily to the alleged underpayment on the dwelling claim. Plaintiff alleged breach of contract, unfair and deceptive trade practices, tortious breach of contract/bad faith, and other claims.
  
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• State Farm appeals award
  Dec 07, 2007

  "NEW ORLEANS -- State Farm Fire and Casualty Co. is asking a federal appeals court to throw out a landmark $1 million punitive damages award to a Mississippi couple who sued the insurer for refusing to cover Hurricane Katrina damage to their home." From SunHerald.com - 16 - 20

• Insurance Industry Stung by $11 Million R-67 Loss
  Nov 16, 2007

  "The insurance industry’s $11 million bellyflop against Referendum 67 was an election bright spot for ruling Democrats, who otherwise took their lumps from a frugal electorate that sent establishment ideas packing. The referendum, which allows triple damages in lawsuits alleging bad faith by insurance companies, spawned a lively campaign pitting the industry against trial lawyers. Supporters said R-67 would give consumers a powerful tool to punish bad actors in the insurance industry. Opponents countered that it was an unnecessary magnet for unfounded lawsuits, and would drive up insurance rates." Curt Woodward, Associated Press, 11-8-07 - 17 - 20

• Bad-Faith Treble Damages Win in Wash. Vote
  Nov 10, 2007

  "In a big-bucks lobbying battle that pitted trial lawyers against the insurance industry in Washington state, the attorneys have prevailed. Voters have approved a referendum upholding a state law passed earlier this year that calls for courts to award treble damages to policyholders when their carriers refuse, in bad faith, to pay claims that are covered under the insurance contract. Although the votes from yesterday's election haven't all been counted, the referendum clearly has passed and insurance carriers have conceded defeat, reports the Associated Press." - 18 - 20

• Washington State Referendum 67 Update
  Oct 30, 2007

  "Ballots for the November general election are arriving in mailboxes around the area that include a lot of statewide issues including Referendum 67, a complex issue regarding insurance company accountability[,]" including unfair insurance claims practice statutes. - 19 - 20

• The 'good hands' people make a fist (Houston Chronicle)
  Oct 07, 2007

  "We've known the insurance company game for a long time. We just didn't have any proof. David Berardinelli does." - 20 - 20

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