Commonwealth of Pennsylvania v. TAP Pharmaceutical Products, Inc., et. al.
Aug 19, 2010
OUTCOME: In Trial
Mr. Eichen is Co-Counsel for the Commonwealth of Pennsylvania, bringing suit against several pharmaceutical companies for over-charging Medicaid for medication.
Defective and dangerous products
Zakrocki v. Ford Motor Company
N/A
OUTCOME: $10,668,799.89 Verdict in favor of plaintiff
A Toms River woman who suffered a paralyzed right arm after her Ford Explorer rolled over was awarded a total of $10,668,799.89 in damages by a Superior Court jury in New Brunswick. Rebekah Zakrocki-Pa...rks, 28, was injured in the morning of November 10, 2000, when the throttle on her 1997 Ford Explorer became stuck while she was on her way to work on the Garden State Parkway. When the gas pedal became unstuck, the vehicle surged forward and rolled over, causing her arm to become crushed and partially amputated when it was ejected through the sunroof during the rollover.
This case was tried by Barry Eichen, Esq. of Edison, New Jersey. They claimed that there was a design defect in the throttle of the 1997 Ford Explorer that allowed sludging to accumulate on the throttle plate inside the throttle, which would cause the plate to stick closed while the vehicle was being driven. They sued Ford Motor Company and Freehold Ford, alleging that the automaker and its dealer knew from prior customer complaints that drivers were experiencing surging related to the throttles as early as 1996, and that accidents were occurring when drivers applied extra pressure to their gas pedals to overcome the accumulation of sludging, and that the throttle defect posed an even more significant danger in the Ford Explorer, because SUVs, which have a higher center of gravity than most passenger vehicles, are more prone to rollover in emergency situations.
After the accident, Rebekah was hospitalized at Jersey Shore Medical Center where reconstructive surgery was performed on her arm. In total, over 20 surgeries were performed on her arm and shoulder in order to reattach her arm.
The jury deliberated for two days following a four week trial in the courtroom of Superior Court Judge Jamie Happas before announcing its verdict.
Wrongful death
Fuccili v. NJ Transit
N/A
OUTCOME: $19.2 million dollar verdict for Plaintiff
The wife of an New Jersey Transit employee who died in 2002 of a job-related lung disease was awarded $19.2 million yesterday by a Superior Court jury in New Brunswick.
Catherine Fuccilli of Freehol...d, the widow of Roger Fuccilli, will receive the compensation from New Jersey Transit, Central Railroad of New Jersey and Consolidated Rail Inc., according to William Levinson and Barry R. Eichen of the Edison law firm of EICHEN LEVINSON & CRUTCHLOW LLP.
Roger Fuccilli was a railroad car repairman for New Jersey Transit for 18 years. Before that, he was employed by Central Railroad of New Jersey for about 18 months.
In the course of his duties, his attorneys said, he engaged in welding, sanding, painting and repairing brakes using asbestos and silica products in addition to breathing metal dust and welding fumes exposing him to materials that caused him to be diagnosed with pulmonary fibrosis in June 2000.
Roger Fuccilli, the father of four grown children including a 23-year-old son who is autistic, died in 2002 of pulmonary fibrosis, which Levinson said has a strangulation effect.
During the last two years of his life, Roger Fuccilli had to be put on an oxygen supply and during his last six months he was in the hospital on a respirator, Eichen said.
The award followed a five-week trial in the courtroom of Ann McCormick and seven and a half hours of deliberations that started on Tuesday.
The jury, the attorneys said, awarded $4.1 million for the pain and suffering Roger Fuccilli endured before he died and another $15.1 million for his wrongful death.
The panel found New Jersey Transit responsible for 50 percent of the award, Central Railroad of New Jersey for 7 percent and Roger Fuccilli for 8 percent.
The jury found Consolidated Rail Inc. was 35 percent responsible, however, that company settled for an undisclosed amount before the trial, and will compensate Catherine Fuccilli based on that confidential settlement, according to Levinson and Eichen.
The attorneys for New Jersey Transit and Central Railroad of New Jersey were not available for comment.
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