Confidential Multi-Million Dollar Settlement - Truck Accident Causing Traumatic Brain Injury and Foot Fractures
Jul 14, 2020OUTCOME: Result: Confidential Multi-Million Dollar Settlement
Truck Accident causing TBI and Foot Fractures
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Anthony J. Baratta's Legal Cases (9)
Huntingdon Valley, PA
Defective and dangerous products Lawyer at Huntingdon Valley, PA
Practice Areas: Defective and Dangerous Products, Trucking Accident ... +17 more
Confidential 7 Figure Medical Malpractice Settlement - Wrongful Death
Jun 17, 2020OUTCOME: Result: Confidential Seven Figure - $x,xxx,xxx
The victim was a 37 yr old single man survived by living parents. He had been assaulted and suffered a brain bleed. He was admitted to the hospital and monitored with serial CT scans. Because the b ... rain bleed was evaluated as stable, he was discharged after 36 hours to his apartment where he lived alone. Two (2) days later he was found dead in his apartment. His brain had continued to swell after discharge and it herniated into his spinal canal, causing his death. The hospital and its doctors failed to recognize that a brain bleed could cause increased swelling for 3-5 days and discharged the man home without any supervision.
$565,000 Settlement in Mild Traumatic Brain Injury Case
Mar 01, 2018OUTCOME: Result: The case settled for $565,000
Our client, a 58 year-old woman who suffered a disabling mild traumatic brain injury settled her underinsured motorist claim with her underinsured motorist carrier, Travelers for $565,000 of the $600,0 ... 00 policy available. She had earlier settled with the person responsible for causing her injuries for the policy limits of $25,000. A mild traumatic brain injury is an injury to the brain which cannot be seen in any diagnostic testing such as MRI’s or CT scans. Instead, the injury is diagnosed based upon symptoms following an acute injury in which the brain is shaken inside the skull. Our client was injured in a motor vehicle accident. She did not remember losing consciousness but had a lapse in her memory regarding details of the collision. At the time of the accident, she had been employed as the office manager of an orthodontics practice where she had worked for 25 years. Due to the effects of the brain injury, which included dizziness, headaches, sensitivity to light and visual disturbances, she embarked on a lengthy journey of medical treatment with concussion specialists receiving physical, occupational and speech therapy, with an ophthalmologist who restricted her right to drive and prescribed yellow tinted glasses for glare symptoms and advised against using computer, cell phone and watching television. She also received treatment for high anxiety, flashbacks and dreams about the accident.
$625,000 Verdict in Medical Malpractice Case
Mar 01, 2017OUTCOME: Result: Jury Verdict of $625,000
On Friday March 17th, a Jury returned a verdict for our client vs. Tuan Le, M.D. et al., awarding $625,000 in damages. In this medical malpractice case, Anthony J. Baratta, Esq, representing our cl ... ient, prevailed in proving that OB/GYN surgeon Tuan Le performed unnecessary surgery on our client, 27 year of woman, leading to permanent abdominal scarring and internal adhesions and the subsequent loss of her left fallopian tube. The case was tried over 5 days before a Jury of 8 persons and the Honorable Robert Kelly of the Federal Court for the Eastern District of Pennsylvania. Our client had suffered $4,277 wage loss and $11,000 in recoverable medical bills so most of the verdict was for non-economic harms such as pain, loss of life’s pleasures and disfigurement.
675,000 Settlement of Traumatic Brain Injury in SUV vs. Tractor Tanker Wreck
Feb 01, 2017OUTCOME: Result: The case settled for $675,000
This case involves an SUV versus tractor tanker accident that occurred in Chester City, PA. Our Client, then 22 years old, suffered facial lacerations, orthopedic injuries including a fractured scap ... hoid requiring surgical repair, but most significantly, a permanent traumatic brain injury. Our client was operating his 2012 Ford Escape eastbound on Route 291 in the right lane of travel. Route 291 is 2 lanes eastbound and 2 lanes westbound. The Defendant was driving a tractor pulling a tractor-tanker northbound on Lamokin St. intending to turn left onto westbound 291. Lamokin St. is controlled by a stop sign. There is no traffic control device for traffic on 291 proceeding through the intersection with Lamokin St. Plaintiff moved from the right lane into the left lane due to a second tractor trailer stopped in the right lane near Lamokin St. Meanwhile the tractor tanker pulled from the stop sign and through the left lane of eastbound 291. Our client’s SUV collided with the driver’s side of the back end tractor tanker the front of which had, by the time the collision occurred, entered the far right westbound lane. Baratta, Russell & Baratta (BRB) attempted to prove through accident reconstruction and human factors experts that our client’s view of Defendant’s tractor tanker was obstructed by the stopped tractor trailer and our client could not have seen the defendant’s tractor tanker in time to avoid the collision. Our client was knocked unconscious in the wreck and did not remember it. Both truck drivers claimed he was speeding. The Defendant tanker driver argued that his view of the eastbound lanes was completely blocked by the stopped tractor trailer. BRB’s accident reconstruction and human factors experts agreed that the view was obstructed, but only for a limited time and space. According to BRB’s reconstruction expert, the Defendant should have been able to see the right lane behind the stopped tractor trailer and should have seen the approach of our client’s vehicle such that he should have known that our client’s vehicle was too close to proceed into the intersection. Since our client had fully recovered from both the facial lacerations, without scarring, and the scaphoid fracture, the damages issue was the cause and extent of our client’s brain injury. There was no radiologic evidence of brain trauma. Our client endured loss of consciousness and amnesia from the events of the accident. Our client alleged he continued to suffer headaches, memory loss, impatience, frustration, anger, and disequilibrium. He was evaluated by neuropsychology and treated by physiatry at the Moss Drucker Brain Injury Center. The causation analysis was complicated by several factors. Our client had been diagnosed with ADHD, had been taking anti-anxiety medication and had suffered a skull fracture with loss of consciousness two years before the wreck. In addition, our client had suffered a fall three weeks before the auto wreck in which he suffered a concussion from which he was not yet recovered (still suffering headaches and dizziness and had been referred to neurology). BRB argued through the experts at Moss Drucker Brain Injury Center that since our client’s brain had not healed from that injury at the time of the crash, the consequences of the crash injury were much worse than they might otherwise have been. Further complicating causation issues was the fact that our client was involved in a one car accident 7 months after the wreck in which he banged his head but claimed to suffer no additional injury.
Recinos v. NJ Non-Profit Transportation Co
Nov 04, 2011OUTCOME: $1,775,000 settlement
Elderly woman with Parkinson's disease struck outside crosswalk by transit bus. Suffers traumatic brain injury.
Gallagher v. Ledesma
Dec 20, 2007OUTCOME: $4,000,000 verdict
surgeon creates gall bladder leak during cholecystectomy which creates a leak that goes undetected and causes loss of reproductive organs due to raging infection
Allbrook v. PQ Corporation
Sep 28, 2004OUTCOME: Verdict $1.6 Million
telephone repairman slips down steps due to defective condition
Tennant v. Mobile Dredging and Pumping Co.
Sep 24, 2003OUTCOME: $3,550,000 settlement
Boiler worker burned while attempting to help clean out an ash hopper