2017 Notable Settlements

On Behalf of | Dec 20, 2017 | Personal Injury

Here is a sample of the personal injury and wrongful death cases that were resolved by the lawyers of Marsh, Rickard & Bryan in 2017:

David Marsh and Rip Andrews settled a case on behalf of the family of an 18-year-old woman who committed suicide while in custody at a municipal jail.  Tragically, the young woman’s last moments in life were captured on a jailhouse video.  David and Rip were critical of the jail staff who watched or should have been watching the camera feed and never came to the aid of the young woman. Instead, the young woman, with a history of psychiatric care, was put in a cell and ignored.

David and Derrick Mills resolved a case of a young man who was seriously injured when the dump truck he was riding in was struck from the rear by an 18-wheeler, cauing the dump truck to leave the roadway and overturn.  The wreck happened on U.S. Highway 80 in Dallas County in September 2015.  The young man suffered a devastating traumatic brain injury.  His ability to walk was affected.  He spent more than a year in rehabilitation and continues his therapy to this day.  Unfortunately, he will never work again and requires full-time care.

Attorney reached a settlement on behalf of man who was working on a roofing crew when part of the old roof that he was standing on gave way.  His fall protection equipment failed to arrest his free fall and the man fell 30-40 feet to the floor of a warehouse.  The lawsuit was against the general contractor for the construction project whoch is ultimately responsible for the safety of everyone working on the project site.  Three levels of our client’s spine burst from the force of the fall.  While he underwent surgeries for his back, he will never be pain-free or work again.

David and Dylan Marsh reached a settlement on behalf of the parents of a 15-year-old girl who died after receiving the wrong medication.  Two years prior, the young girl had successfully undergone a heart and double lung transplant.  She was doing well but it was essential that she take her anti-rejection medication.  Unbeknownst to the family, their local pharmacy mis-filled the prescription for anti-rejection medication; instead, the young girl was given and took a medication used to treat an enlarged prostrate.  She took the wrong medication for a month, which caused organ rejection, and many complications and eventually led to her death.

Roger Lucas and Ben Ford settled a case on behalf of a man who lost his right hand in an accident at a manufacturing plant in Decatur.  The injury occurred when the power unexpectedly came on while our client was cleaning out a vessel.  The case focused on the modifications made to the machine over the years.  Our client experiences significant phantom pain since the loss of his dominant hand.  He suffers from post-traumatic stress disorder as a result of the amputation injury and is still undergoing psychiatric care.

Jeff Rickard and David resolved a case for the wife of a man who died as a result of injuries sustained in a traffic wreck.  The couple had been married 53 years when he died.  The wreck occurred on Highway 280 near Sylacauga when the pickup truck he was driving was struck by a commercial cargo/box van truck.  The driver of the commercial truck was on methadone at the time of the wreck.  The use of methadone while driving a commercial vehicle is against the Federal Motor Carrier Safety Rules and Regulations.

David and J.D. Marsh settled a case for the family of a woman who died driving drunk.  The driver’s blood alcohol level at the time of her death was .324.  The case was against the bar that continued to serve the woman alcohol despite her obvious intoxication.  The driver was served between 6 and 10 shots of Fireball as well as at least two 20-ounce beers during a period of time slightly more than an hour.  This was a violation of company policies and state law.  Surveillance video showed two bar employees assisted the driver out the door and helped put her in her car to drive.

David and Dylan reached a settlement in a case involving a young man who died following a routine tonsillectomy.  The patient was given a toxic and lethal dose of the opioid Dilaudid, in combination with the anti-nausea drug Phenergan. The medical record showed a steady decline in the patient’s condition, consistent with respiratory depression caused by opiate overdose.  This was confirmed up on autopsy.  The case focused on the lack of training by post-op nurses and lack of policies and procedures at the hospital where this happened.

These recoveries and testimonials are not an indication of future results.  Every case is different, and regardless of what friends, family or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law.  The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.  Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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