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Clore Law Group
Media Kit: Case Studies
Construction injury lawsuit leads to stricter OSHA requirements and homebuilder safety
improvements.
A thirty-two-year-old husband and father of two young children who worked as a framer
building residential homes was paralyzed from the chest down in 2010 when he fell from the
second floor at a construction site of a home in progress. At the time, his employer and the
general contractor had no fall protection equipment or plan in use, in violation of federal OSHA
regulations for “elevated” work. A multi-million dollar lawsuit for the man and his family was
settled by the Clore Law Group, LLC, in February of 2010, after the homebuilder acknowledged
that mistakes were made in training and educating its employees about OSHA requirements.
The lawsuit also led to future changes by the homebuilder—remedial training and employee
education about OSHA regulations and fall protection.
When debris from an 18-wheeler comes close to being a lethal weapon
A forty-two-year-old man and his wife were driving across a rural highway and found out the
tragic way just what can happen when flying debris from an 18-wheeler turns out to be a 20pound chunk of steel. A brake drum fragmented off a passing tractor-trailer and flew through the
driver’s windshield and left the driver with permanent brain injury. Fortunately, the couple
survived, thanks to the quick thinking of the wife, who took over the wheel. A lawsuit against
the trucking company revealed numerous safety violations with the trucking rig and trailer.
Although the trucking company claimed that other manufacturers of the air brake assembly led to
the brake drum fragmentation, the Clore Law Group settled the multimillion-dollar lawsuit for
the man and his family in 2009 after showing how the brake drums had suffered metal fatigue
from driver abuse in “burning up” the brakes and the trucking company’s failure to replace them.
Though gyms are now required to have Automated External Defibrillators, some don’t
have them, and some don’t know how to use.
Despite federal and state laws, which protect gyms and other facilities from lawsuits if they
properly train and use automated external defibrillators (AEDs), some gyms still go without
these life-saving devices or, even worse, purchase one and then never train staff on how to use it.
This was the situation that the Clore Law Group encountered in 2010 when they successfully
resolved a significant case in favor of a man who suffered a cardiac arrest and massive brain
injuries while exercising on a treadmill at his local gym. Even though the gym had a fully
charged AED near the front desk, which could have automatically shocked and brought the man
back to life, the gym staff did not know what to do with it. For years AEDs have been approved
by the Food and Drug Administration and sold to businesses and even for home use. When the
device is turned on, it gives simple commands with a few basic diagrams showing how to apply
the small pads to a victim’s chest and then to press a button to deliver the shock. By the time
EMS arrived and used the machine to restore the man’s heart, over ten minutes had elapsed, and
his brain had suffered from lack of oxygenated blood flow during that time.
Poor security and reckless behavior results in tragic death of college student
A young college student visiting his girlfriend in another city attended a weekend party
sponsored by campus approved fraternities and sororities in good standing. The party was held
off campus at a rented nightclub owned by a well-respected local businessman, principal of the
national property management company that managed the property. Despite specific rules and
regulations regarding crowd size, security, and alcohol, the party began and continued with too
many people, not enough security, and copious amounts of alcohol being served without
identification and age checks. As the evening progressed, fights began to break out, gang
members infiltrated the party, confrontations ensued, and the young man who was visiting his
girlfriend was ambushed, gunned down, and killed. Everyone still in attendance left the scene,
and when local law enforcement arrived, only his body remained. A multi-million dollar lawsuit
was filed against the local and national fraternity and sorority chapters, the owner of the
property, and the local and national office of his property management group. During the course
of the suit, many violations of security, oversight, and alcohol policy were uncovered. It was also
found that the property owner and his management group were aware for many years prior to this
tragedy that the strip center property had been a haven for violence. In the two years preceding
this event, the police and sheriff’s office received over 100 calls for violent crime at this location.
Before trial, and after two day-long intense sessions with mediators, the case was settled for a
significant, confidential amount. The fraternity and sorority were sanctioned and punished by
both their school and their national chapter, and the national management company improved
and tightened its oversight and management rules. Meanwhile, the property owner issued a
serious apology to the college student’s family and quickly sold the entire property complex to a
church and church school group.
Failure to Recognize Symptoms Following Surgery Causes Death of Child
A child was born with a small hole between his esophagus and windpipe, an uncommon but not
obscure medical condition. An operation was performed to repair and close the hole, but
unfortunately, approximately two in 10 repairs are not completely successful, requiring a second
round of surgery. Following his surgery, the child would wheeze, cough, run low fevers and
began to develop pneumonia. Despite these symptoms, the child was fed regularly. When
symptoms worsened, the attending pediatric surgeon and attending neonatologist used feeding
tubes and administered antibiotics. Each time, after days of this treatment approach, the problems
would clear, and regular feedings would begin again, but each time, the problems reappeared.
Forty-one days after his surgery, the child suffered from immediate onset, massive pneumonia
and by the time he was resuscitated, he was globally brain damaged and in a vegetative state.
Only then was the leak discovered, and he died six months later. A Clore Law attorney tried this
medical malpractice case in front of a jury, and the jury ruled in favor of the child’s parents.
After appeals, they were awarded 1.4 million dollars.
Ignoring a Patient’s Complaints of Discomfort Leads to Tragedy
A forty-three year old diesel mechanic had his gallbladder removed by ‘routine’ laparoscopic
(minimally invasive) surgery. He felt very poorly after the procedure and was kept for overnight
observation. Not feeling much better the next day, the patient and his wife asked the attending
surgeon if he could extend his stay at the hospital. Dismissing the patient’s pleas, his surgeon
said he looked well and should go home. Over the next two-and-a-half days, the patient and his
wife called the hospital and surgeon’s office four times reporting steady pain, weakness and
sleeplessness that remained unchanged despite taking pain medications as prescribed. After the
fourth call, the patient’s wife was told by his surgeon to bring him back to the hospital. Before
she could get him there, however, the patient collapsed and died in his home. A subsequent
autopsy showed the patient’s pain to be caused by an easily-curable bowel condition. An
analysis of pain medications administered while he was in the hospital showed a clear indicator
that something was wrong. A deposition of the defendant surgeon also disclosed that the surgeon
was quite deaf and that at the time he was asked if the husband could stay longer, his hearing
aides had completely failed and he was awaiting an appointment for stronger hearing aides. A
confidential, multi-million dollar settlement was obtained for the patient’s family one week
before trial.
Fraudulent Use of Celebrity Images Results in Large Settlement
A local judge was surprised to find a friend of his - a professional golfer – on a brochure
“endorsing” an herbal supplement that was touted as a means for both preventing prostate cancer
and enhancing sexual function. When the judge contacted him about this apparent endorsement
of the product, which had never been tested or vetted by the FDA or any other regulatory agency,
his friend was equally surprised to see his image on the brochure. Further investigation by the
Clore Law Group found a number of Hall of Fame athletes and other well-known individuals
whose images were being used for false “endorsements” of the product. After numerous
telephone calls and letters to the addresses listed on the brochures were ignored, investigative
work revealed a mailing address in California, and lawsuits were served. It was also discovered
that millions of these brochures had been mailed out to the most affluent zip codes in the
country. Clore Law Group deposed the head of the company, and during questioning an ongoing
IRS criminal fraud investigation against a number of his holdings was specifically referenced.
Within weeks of the deposition, a significant confidential settlement sum was obtained for all of
the clients who had been defrauded.
Drug’s Dangerous Side-Effects Ignored For the Sake of Profits
A female who had been battling breast cancer for more than eight years was administered a 'bone
strengthening' medication after she showed a decrease in bone density – a common side effect of
breast cancer. After first being prescribed one drug, she was switched to a drug named Zometa,
which she was told was more effective in fighting her condition, and for almost two years, she
was given regular doses of Zometa. During this time, she began to experience open sores on her
gums that would not heal, and her jaw began to splinter, resulting in random pieces of loose bone
floating within her gums. This painful condition caused her jaw and face to become disfigured,
and she lost 22 of her 26 teeth. Neither her treating dentists nor her oncologist could determine
the source of her problems. In the last two years of her life, she underwent numerous and painful
dental procedures to treat her condition. Shortly after her death, evidence came to light that
Executives at Novartis International, the manufacturers of Zometa, were aware of the potential
side effects that their product could cause. Not long before the breast cancer patient began her
Zometa rounds, a prestigious dental society meeting in New York City was presented with case
studies, which pointed out clear links between exposure to the drug and injuries similar to the
ones the patient had experienced. Oral surgeons contacted Novartis about these potential
problems, but were reassured. E-mails recovered from Novartis records indicated a pattern of
stalling and misinformation in response. It was revealed at trial that, at the direction of the
company's top executives, senior risk managers of Novartis undertook a campaign of obfuscation
with the members of the dental society and with the Food and Drug Administration. After three
days of deliberations, the jury awarded a verdict of 12.6 million dollars in favor of the patient’s
widower. The case is currently on appeal to the U.S. Fourth Circuit Court of Appeals.
Suit against national restaurant chain results in significant settlement for victims of
drunk driving accident
Vernon Glenn, of Counsel to Clore Law Group and Allman Spry Leggett & Crumpler of
Winston Salem, N.C., recently worked to obtain a significant settlement for a man who was
injured by a drunk driver, along with his wife, after the driver left a restaurant intoxicated.
Glenn spearheaded filing the suit and was instrumental in obtaining critical evidence that
resulted in a successful settlement. The attorneys showed that, in addition to the drunk
driver, who was declared dead at the scene of the accident, the restaurant that served the
driver was also responsible for the accident. The prevailing counsel showed that
immediately prior to getting behind the wheel, the driver spent over four hours in the
national chain restaurant, eating with her boyfriend, drinking alcohol during the meal, and
then heading to the bar area where she continued to consume alcohol. Receipts showed
she had at least four glasses of wine and several double gin drinks over the four hour
period.
The driver had a blood alcohol content that was estimated to be .24, or three times the legal
limit, at the time of the accident. Nationally-adopted restaurant policies and the law state
that a restaurant should not serve alcohol to a customer who appears to be intoxicated or if
the amount they’ve consumed indicates they are likely intoxicated.
In addition to receipts, her cell phone was also recovered, which helped develop additional
leads in the case. Further evidence revealed that the deceased and her boyfriend were
regulars at the bar and that they were treated courteously by the staff. Interviews
conducted with various parties indicated that she and her boyfriend were heavy drinkers.
The restaurant fired the bartender a few days after the crash for serving too much alcohol
to another regular patron of the bar but never undertook any internal review of this
particular incident.
The injured man was 41-years-old at the time of the injury, married with a child, and
employed. He also worked as the volunteer fire chief for his rural community, a role in
which he can no longer serve.
At the time of the accident, the victim was on his way home. He later reported that he saw
the driver’s car coming toward him, run off the road, over-correct, and then hit him headon. Responders had to use the Jaws of Life to remove him from the vehicle. Once removed,
he was flown by helicopter to a major trauma center. During the accident, he was critically
injured, suffering a crushed ankle and lower leg, a shattered wrist, cracked vertebrae, a
broken femur about his knee cap, a lacerated liver and kidney, and numerous other
injuries. He incurred nearly $400,000 in medical bills during and after a seven-week
hospital stay. He was left with significant disabilities, steel rods and pins in his leg and
hand, and has been restricted to part-time sedentary work, causing a change in vocations.
The experts brought in for this case estimated that the significant life-time loss of earnings
and the cost of future care supported the need for compensation for the victim beyond his
initial medical expenses.
It was also shown that, although not injured physically, the injured man’s wife had suffered
significantly, and the accident has affected their entire family, so she received a settlement
as well.
In order to prove the negligence of the restaurant and the extent of the injuries, the
attorneys assembled a strong panel of expert witnesses. The formidable expert witnesses
brought in to testify for the plaintiff proved to be key factors in the early and favorable
settlement of the case. They included the trauma surgeon who observed the injuries at the
time of the accident; a nationally recognized forensic toxicologist who calculated the blood
alcohol content (BAC) of the deceased driver; a vocational rehabilitation specialist who
testified about the long-term impact of the injuries; an economist who specializes in
determining economic losses to injured parties; and an expert that helped formulate the
rules and procedures that restaurants use to guide them in serving alcohol.
The suit was filed quickly to create early access to information as required by the Rules of
Civil Procedure. After only two depositions were taken, the parties agreed to go into
mediation. This move prevented the victim the further trauma of a lengthy trial and
resulted in a quick, confidential settlement in excess of $1 million for the injured man and
his wife.
Case involved a patient sexually assaulted by EMS worker and a question of care by
EMS
Also raises the issue of the need for clearer common carrier rules for emergency
vehicles
In June of 2011, “Jane Doe” called 911 for medical assistance after a domestic assault, and
two Charleston County EMS workers responded to care for her. Although the EMS workers
determined that she required “non-emergent” care, they nonetheless strapped her to a
spine board and placed her in the back of the EMS transport vehicle. Doe reported that
during transport to the hospital, while restrained and further incapacitated, she was
sexually assaulted and touched in an inappropriate manner at least three separate times.
This assault caused physical injury and severe emotional trauma that necessitated multiple
visits for inpatient psychiatric care, in addition to ongoing medical expenses and a loss of
wages. The assaulting EMS worker pled guilty to the charges.
Clore Law Group attorneys filed suit on behalf of the victim. The defense team responded
with multiple arguments but primarily argued that the EMS employee’s actions were
outside the course and scope of his employment. The matter was moved to Federal Court,
and motions for summary judgment on all matters were heard by the Honorable Richard
Gergel. While constitutional claims were dismissed, the Court raised significant concern
that the South Carolina Supreme Court had not currently ruled on the issue of whether the
common carrier standard should apply to ambulance services. Judge Gergel’s position was
that the issue should be settled by the State of South Carolina. He deferred the issue to
either future motions in this case or future cases.
The plaintiff (on behalf of “Jane Doe”) argued that, in addition to the EMS worker who
made the assault, the county operating the EMS and employing the EMS workers had a
responsibility to protect the victim from harm while in the custody of the EMS workers.
The plaintiff’s position showed that the county did not have appropriate policies in place to
prevent such an occurrence, nor did they appropriately monitor, train, or educate its
employees with policies consistent with national standards.
The plaintiff presented multiple experts on the violation of the standard of care and
damages in the case.
Prior to a trial, Clore Law Group was able to negotiate a substantial settlement for the
victim.
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