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Results
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| Brown vs. Bowen, et
al.
Nash County 93 CVS 159
Six month-old child fell
from a changing table and suffered
epidural hematoma. The hematoma was
evacuated, but the neurosurgeon and
anesthesiologist failed to recognize the
need to transfuse, resulting in
substantial cognitive and physical
deficits.
$6,000,000.00 jury
verdict. September 1996
[Case
Details 1]
|
| Edmond vs. Radiology
Group
Eastern North Carolina County
Plaintiff had a broken
neck which was not diagnosed after two
weeks in the hospital. Mr. Edmond became a
quadriplegic. The case was settled with
the neurosurgeons and tried for three
weeks against the radiologist, settling
during closing arguments.
$4,100,000.00 total
settlement. March 2000
|
| Evans vs. Constance
Battle, MD
group
Piedmont County
Failure to promptly
deliver, despite non-reassuring fetal
monitor strip. Failure of nursing staff to
invoke chain of command added
substantially to total settlement.
$3,667,500.00 total
settlement. February 2005
|
| Jackson vs. Hospital and
Pediatrician Eastern North
Carolina County
Improperly delayed birth
and resuscitation resulting in settlement
with hospital, OB/GYN and pediatrician.
Significant mental and cognitive deficits.
$1,650,000.00 total
settlement. October 2003
|
| Infant vs. OB/GYN
Coastal County
Failure to diagnose
cephalopelvic misproportion, resulting in
shoulder dystosia and death.
$250,000.00 confidential
settlement. July 2005
|
| Patient v. Nursing
Home
Southeastern County
Patient died from
negligence in caring for bed sores.
$220,000.00 settlement.
March 2005
|
| Patient v. Nursing
Home
Coastal County
Nursing aid dropped
patient, resulting in broken knee.
$120,000.00 2004
|
| Plaintiffs vs. Coastal
Beverage
Company
Edgecombe County 03 CVS 223
Beer truck crossed
center line and hit plaintiff head-on,
causing serious injuries to hand, elbow
and leg as well as internal injuries.
$2,250,000.00 total
settlement. April 2005
|
| Floyd v.
Harris
Vance County 01 CVS 1136
Rear end collision
resulting in compression fracture of
cervical and thoracic disks.
$5,000,000.00 verdict by
the Court (Recovery was reduced due to
available insurance.) June 2005
|
| Monroe vs. Estate of
Barbara
Hussey
Bladen County
Auto accident resulting
in plaintiff suffering right leg compound
fracture and long back pain as well as
internal injuries
$492,500.00 total
settlement. December 2002
|
| Brown vs. Kilpatrick
Trucking
Edgecombe County 03 CVS 302
Accident between two
commercial trucking vehicles. Twenty
percent permanent partial loss of use of
the hand.
$300,000.00 verdict May
2005
|
| Harris vs. Bass Farms,
Inc.
Nash County 03 CVS 968
Broken arm and shoulder
injury in single car accident.
$300,000.00 settlement.
March 2005
|
| Williams vs. Whidbee
Hertford County 03 CVS 365
Cervical neck and back
injury. Rear-ended by logging truck
$275,000.00 settlement.
December 2005
|
| Pridgen vs. Children's
Home
Nash County 03 CVS 910
Forklift operator pinned
him against delivery truck. Broken leg
with rod placement.
$200,000.00 settlement.
May 2005 |
| Smith vs. FedEx and the
City of
Farmville
Pitt County 01 CVS 581
Multiple bruises and
concussion. FedEx truck ran stop sign.
City failed to properly maintain trees in
right of way which covered stop sign.
$165,000.00 settlement.
October 2004 |
| Unnamed Wife vs. Unnamed
Husband
Halifax County
Simple automobile
negligence. Broken ankle.
$150,000.00 settlement |
| Heath vs.
Wallace
Edgecombe County 01 CVS 607
Shoulder injury. Best
offer before trial $5,000.00; $23.00 in
property damage to plaintiff's vehicle.
$100,000.00 jury
verdict. August 2003 |
| Unnamed Plaintiff vs.
Unnamed Defendant
Nash County
Rear end collision. Neck
and shoulder injury. Best offer before
trial $5,000.00.
$80,000.00 Verdict |
|
Lloyd v. Daughtridge
Edgecombe Co. 04 CVS 865 Rear end
collision with chiropractic treatment and 5%
permanency rating.
$50,000.00 Verdict.
October 2005 |
| Stokely vs. Oil Company,
Inc.
Halifax County 00 CVS 506
Slipped and fell in
convenience store.
$720,000.00 recovery
including $120,000.00 consortium recovery.
April 2001
|
| Brady vs.
K-Mart
Edgecombe County 00 CVS 477
Improperly stored
objects fell from overhead, causing
ruptured cervical disk. Best offer before
trial $70,000.00.
$215,000.00 verdict.
February 2005
[Case
Details 2]
|
|
Social Security
Disability |
| Joyner vs. Barnhart, No.
2:03-CV-24-BO(1) (2004)
Mr. Joyner became
disabled on May 29, 2001. He applied for
Social Security Disability Benefits and
was denied. Our firm appealed the denial
through to the United States District
Court for Eastern District of North
Carolina. The Court found that Mr.
Joyner's treating physician's opinion
regarding disability should have been
given controlling weight. The Court
granted Plaintiff's Motion for a Judgment
on the Pleadings and awarded benefits to
Mr. Joyner. |
Hines v. Barnhart, 453 F.3d 559 (2006)
Plaintiff suffered from Sickle Cell Anemia. Sickle Cell disease can cause severe pain and fatigue but rarely results in objective evidence. (pp. 560-561) The Fourth Circuit confirmed that once a condition that can reasonably cause the pain complained is established then the “…[Plaintiff] was entitled to rely exclusively on subjective evidence to prove the second part of the test, i.e., that his pain is so continuous and/or severe that it prevents him from working a full eight hour day.” (pp. 565) The Plaintiff’s award of benefits was upheld based on the evidence. |
| Childers vs. Industrial
Automation
Solutions
Halifax County
Ruptured Disc and
Thoracic Spine Injury.
$275,000.00 June 1998
|
| Salesman vs. Office
Machine Services and Sales
Edgecombe County
Neck and Shoulder
Injury.
$180,000.00 2004
|
|
Darrell Morris v. Barnes Transportation
Bertie County Neck surgery and fusion
C3-C4
$155,000.00 October 2005
|
| Moore vs. Moore Paint
&
Wallpaper
Edgecombe County IC file # 059376
Ruptured disc.
$150,000.00 April 2002
|
| Traveling Employee vs.
Inco
Construction
Edgecombe County
Closed Head Injury,
Herniated Disc C6-C7 suffered in a car
accident on the way home from work. Travel
was part of his employment.
$150,000.00 October 23,
2003
|
| Salesperson vs. Avon
Products,
Inc.
Nash County
30% Permanent Partial
Disability to the back from lifting boxes
for work.
$150,000.00 October 13,
1998
|
| Braddy vs. Mayo Knitting
Mill
Edgecombe County
Lumbar Spine Injuries
causing cauda equina syndrome from fall at
work.
$150,000.00 December 11,
1998
|
| Hedgepeth vs. Mayo
Knitting
Mill
Edgecombe County
L5-S1 Disc Injury
$142,500.00 November 19,
1998
|
| Wiggins vs. Fulflex,
Inc.
Halifax County
Lumbar Spine Injury
$140, 903.70 December
22, 1997
|
| Futrell vs. K-Mart
Corporation
Halifax County
Disc Injury to L4-L5 and
L5-L1 when shelves fell on employee at
work.
$140,000.00 February 26,
2002
|
| Murphy vs. Raleigh Lion's
Clinic for the
Blind
Wake County
Lumbar and Thoracic
Spine Injury in forklift accident at work.
$140,000.00 March 22,
1999
|
| McGary vs. AAA Heating
& Air
Conditioning
Edgecombe County
Lumbar Spine Injury.
$125,000.00 April 27,
1998
|
|
Wynne v. Bank of America
Beaufort County Neck surgery – Defendant
only accepted compensability of the injury
after multiple pre-hearing depositions
$125,000.00 August 2005 |
| Stokely vs. First
Carolina Management,
Inc. Halifax
County
Aggravation of Chiari
Syndrome.
$125,000.00 September
11, 2001
|
| Thomas vs. Abott
Laboratories
Nash County
Lumbar Spine Injury with
Nerve Damage Affecting Leg.
$115,000.00 May 2, 2001
|
|
Willey vs. Williamson Produce
A trucker's family can collect worker's
compensation death benefits, in the wake
of a Supreme Court ruling, even though a
doctor said the trucker's driving was
impaired by drugs and his rig was seen
weaving before a fatal crash.
[Case
Detail 3] $127,072 total recovery
2002 |
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Disclaimer: Wherever you see the
publication of a lawyer’s or law firm’s achievements
on behalf of their clients or former clients, there
should be no expectation that the same results could
be obtained for other clients in similar matters
without reference to the specific factual and legal
circumstances of each client’s case.
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Copyright © 2005 Keel O' Malley Tunstall L.L.P. All Rights Reserved.
Disclaimer
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