Philadelphia Jury Awards $1.5 Million Dollar Verdict in Medical Malpractice Case

PHILADELPHIA, PA – Neil Murray, a partner at Sheridan & Murray, and respected Philadelphia injury lawyer, announced on May 5, 2010 that after an eight day trial, a jury awarded $1,533,000 to his client, Sonia O’Connor, in a medical malpractice lawsuit brought against two Philadelphia physicians. The jury of seven women and five men deliberated for four hours before reaching its verdict. Presiding over the trial was Judge Victor DiNubile in the Philadelphia Court of Common Pleas.

The case against the two Philadelphia doctors involved the medical care O’Connor received from one physician during her admission to a Philadelphia hospital and subsequent medical care received from a second physician during her admission to a Philadelphia nursing home. The claims of negligence against the hospital's doctor were: failure to recognize the significant change in the O’Connor’s condition consistent with spinal cord compromise; failure to properly examine O’Connor; failure to have her evaluated by a specialist; failure to order indicated diagnostic studies; and failure to implement an appropriate discharge treatment plan. The claims of negligence against the nursing home’s doctor were: failure to recognize the significant change in O’Connor’s condition consistent with a spinal cord injury; failure to recognize significant neurologic symptoms; failure to properly evaluate and monitor O’Connor; failure to have O’Connor evaluated by a neurologist/neurosurgeon; and failure to transfer her for immediate surgical care.

On October 29, 2005, Sonia O’Connor, then 68 years old, was suffering with severe back pain and was admitted to a Philadelphia hospital under the care of one of the doctors named in the lawsuit. During this admission, on November 10, 2005, she was diagnosed with a destructive infection and abscess in her thoracic spine, thoracic osteomyelitis. O’Connor’s thoracic spine osteomyelitis required close monitoring, repeat diagnostic studies and an evaluation by a neurologist or neurosurgeon. This was not done by hospital’s doctor. During the week between her diagnosis of spinal osteomyelitis and her discharge from the hospital, the patient’s ability to walk deteriorated significantly. On the date of discharge, the hospital’s doctor sent the patient to a nursing home with nothing more than a prescription for antibiotics and physical therapy. Once at the Philadelphia nursing home, O’Connor came under the care of another doctor who was named in the lawsuit. While at the nursing home, the patient’s condition continued to worsen. She experienced progressive leg weakness, difficulty moving her legs, and eventually an inability to walk. Despite this serious decline in her condition, O’Connor was never evaluated by a spine specialist or neurosurgeon, or admitted to a facility with surgical availability to treat her spinal cord injury. On December 1, 2005, O’Connor suffered total paralysis of her legs.

On December 2, 2005, O’Connor was transferred from the nursing home to a hospital and diagnosed with spinal cord compression caused by a collapse of her T-3 vertebrae She required an emergency surgery to remove the bone fragment from her spinal cord and subsequent surgery 11 days later to stabilize her spine. The collapse of her thoracic spine onto her spinal cord was due to the destruction of her spine caused by the osteomyelitis. Due to her spinal cord injury, O’Connor now has partial paralysis in her legs, very limited use of her legs, and is essentially wheelchair-bound.

Murray utilized the testimony of medical experts at trial on his client’s behalf and successfully cross-examined multiple defense medical experts to assist the jury in concluding that Sonia O’Connor’s spinal injury was preventable and the two doctors deviated from acceptable standards of care, increased the risk of harm to O’Connor, and contributed to her eventual paralysis.

After the $1.5 million medical malpractice verdict was returned, Murray said, “If Mrs. O’Connor received the proper medical attention during her initial visit to the hospital and subsequent care while in the nursing home, she would have full use of her legs today. Instead, she has partial paralysis, limited use of her legs, and will require ongoing medical care for her condition.”

In addition to the $1.5 million verdict against the two Philadelphia doctors, Sheridan & Murray also obtained settlements on behalf of their client from a Philadelphia hospital and Philadelphia nursing home for undisclosed amounts.


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Personal Injury Attorneys John Dodig and Jason Daria Present at Philadelphia Trial Lawyers Association

Attorneys John M. Dodig and Jason A. Daria, of the Philadelphia personal injury law firm Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig, presented on How to Successfully Try a Dangerous Roadway Case to the Philadelphia Trial Lawyers Association (PTLA) in April 2010. During the program, Dodig and Daria spoke to fellow attorneys about how to try an auto accident case that involves the negligent design, plan or maintenance of a road, street, highway, intersection, shoulder, draining ditch, culvert or signage.

With more than 22 years of legal experience, Dodig represents plaintiffs who have been injured in construction, workplace and auto accidents as a result of defective products, medical malpractice and in slip and fall cases. He has successfully obtained multiple seven and eight-figure verdicts and settlements on behalf of his clients. In 2008, Dodig and Daria won a $31 million compensatory damage verdict in a Camden, N.J., dangerous roadway case, Anderson v. County of Camden, which was recognized as the highest verdict in the State of New Jersey and one of the top 100 verdicts in the U.S. that year. In October 2009, Dodig and Daria received a $6 million compensatory damage verdict in Hunterdon County, N.J., the largest verdict ever recorded in the courthouse.

In the landmark decision of Jones v. City of Philadelphia, Dodig successfully argued before the Supreme Court of Pennsylvania that municipalities should be held responsible when police are negligent during a high speed police chase. Since then, he has successfully handled and been consulted in numerous cases of high speed police chases across the country which had resulted in serious injuries and death. Dodig has also been quoted by the Philadelphia Daily News, The Philadelphia Inquirer, Philadelphia Magazine, The Legal Intelligencer, Pennsylvania Law Weekly, New Jersey Law Journal and other news outlets sharing opinion and analysis in this area of the law.

Dodig served as President of the Philadelphia Trial Lawyers Association in 2006 and 2007 and on the Board of Governors of the Pennsylvania Trial Lawyers Association. He is a frequent lecturer in courses designed to teach practicing lawyers trial advocacy skills. Dodig received his Bachelor of Science from Fairleigh Dickinson University and his law degree from Nova University. He also received a Masters of Law in Trial Advocacy from Temple University. Dodig has been listed by Philadelphia Magazine as a Pennsylvania Super LawyerTM for five consecutive years, and selected as one of the Top 100 Super Lawyers in Philadelphia and Pennsylvania.

An accomplished trial lawyer in complex civil litigation matters, Daria handles cases that involve complex personal injury litigation, medical malpractice, premises liability, product liability, motor vehicle and trucking accidents, highway design accidents, boating and drowning accidents, dam safety and hunting accidents.

Daria earned his bachelor's degree from the University of Scranton and his law degree from Temple University School of Law. During law school, Daria served as a law clerk for the Honorable Gary S. Glazer of the Philadelphia County Court of Common Pleas. He is also an alumnus of the National Institute of Trial Advocacy and the Academy of Advocacy of Temple University.

Daria has been regularly appointed and serves as an arbitrator in the compulsory arbitration program of the Philadelphia County Court of Common Pleas. He serves as a volunteer attorney for the Legal Clinic for the Disabled (at Magee Rehabilitation Hospital) as well as the Support Center for Child Advocates. Daria has lectured to other attorneys on Orphans' Court procedures in the Philadelphia County Court of Common Pleas and has taught at Villanova University School of Law. He has also served as a volunteer with the Juvenile Justice Center of Philadelphia and the Police Athletic League in Philadelphia. Daria was honored in 2005, 2006, 2007 and 2008 as a Pennsylvania Super Lawyer Rising Star.


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Complaint Says Phila. District 'Indifferent' to Harassment of Asians

An advocacy group for Asian-Americans has filed a complaint with the U.S. Department of Justice charging that the Philadelphia school district and South Philadelphia High School have shown “intentional disregard” for the welfare of Asian students at the high school.
The complaint, filed on Jan. 19 with the civil rights division of the Justice Department, alleges that Asian students’ civil rights under the U.S. Constitution were violated because “they suffered severe and pervasive peer-on-peer harassment based on their race and national origin” at the school, and both school and district officials showed “deliberate indifference” to the situation.
“We’ve seen a long history of community advocates trying to get the school and district to address the problem,” said Cecilia Chen, a staff lawyer for the Philadelphia-based Asian-American Legal Defense and Education Fund


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Beloved Port Authority officer killed by car while helping another

A Port Authority officer ran cross multiple lanes of traffic to help a fellow officer when he was struck by a motor vehicle, Saturday morning, January, 16, 2010, according to Philadelphia Daily News.
The Delaware River Port Authority (DRPA) officer Christopher Milito was on-duty when he was tragically killed while trying to help an officer in need on the eastbound side of the Walt Whitman Bridge at 1:30 a.m. Milito was known to routinely change tires for drivers who became stranded on the side of the road. He also helped to win-over people who were contemplating suicide on local bridges. Milto was a 16-year veteran of the DRPA, when the fatal and tragic accident occurred.
Fellow officers took the severely wounded Milito to be cared for by doctors and nurses. His injuries proved fatal at Cooper Hospital located in Camden. Milito was declared dead by medical officials at 2:06 a.m. Philadelphia police officials did not publicly identify the driver of the car that claimed the beloved officer’s life. He was not charged for the accident due to pending toxicology test results. Police reconstructed the accident the following night to determine how it occurred.
Following the accident, the eastbound traffic lanes of Walt Whitman were shut down. Police investigators reported that Milito was a resident of Delaware County, who lived alone. He was not married and did not have children. The department officials said that he was “He was respected by his subordinates as well as his superiors,” McClintock said. “What I’ve learned is he was loved by the members of this department. He was beyond admired,” according to news sources.


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