Verdicts and Settlements

Results and Recoveries

At Ness & Jett, LLC, we are proud of the results we obtain for our clients. A few of our verdicts and settlements are listed below, but we are equally pleased that our work often results in changes and innovations in the policies and procedures of hospitals and other entities, enhancing safety and decreasing the likelihood of future injury and tragedy.

Electrocution / Power Line Injuries

Confidential Settlement - death due to electrocution

Propane/Fire Injuries

$3.225 million settlement – death of burns sustained by propane delivery person – defective construction and negligent maintenance of propane standby plant. While handling this case, our firm worked closely with the State Fire Marshal to improve safety at numerous facilities across South Carolina, and, we hope, prevent future injuries and deaths. This settlement also generated a technical college scholarship in memory of the deceased worker.

School Injuries

Confidential settlements in multiple cases of children sexually assaulted at schools

$270,000 settlement – intestinal perforation – negligent use of safety pins with developmentally disabled child who swallowed pin. This case originated with towels, to serve as bibs, pinned by school staff to the clothing of special needs children. We are informed our work in this case led to a change in school policy, designed to enhance the safety of special needs children.

Medical/Surgical/Nursing/Hospital Malpractice

$6.9 million jury verdict – death from untreated surgical blood loss and excessive dose of narcotic medication.

$653,000 settlement – physician’s delay in diagnosis and treatment of obvious heart attack in ER – permanent disability. We are informed that, thanks to our work in this case, the hospital later adopted the American College of Cardiology’s Door-to Balloon (D2B) initiative.

$400,000 settlement – mother and newborn killed by medication misused to induce labor. In this case, we worked closely with a maternal health advocate associated with the World Health Organization, and contributed to his worldwide efforts to end the off-label use by obstetricians of an arthritis drug to induce labor. This drug had killed several newborns and their mothers through uterine rupture and hemorrhage, and caused a number of mothers to have emergent hysterectomies after labor and delivery.

$450,000 settlement – death of elderly patient by undetected cardiac arrest – failure to replace telemetry unit battery. We are informed our work in this case led to a change of policy on battery changes.

$200,000 verdict – radiation burns from excessive fluoroscopy dose during implantation of pacemaker/defibrillator. The day after this lawsuit was served, long-needed policies were instituted to reduce unnecessary patient exposure to radiation and reduce the risk of such injuries in future.

$400,000 settlement – death of elderly patient – failure to assess vital signs after surgery.

$455,000 settlement – undiagnosed spinal infection - permanent disability.

$260,000 settlement – death of elderly patient from lung cancer – failure to follow up and failure to inform patient of radiology findings. We are informed new policies were instituted as a result of this case, to provide for patient notification of incidental findings requiring followup assessment.

$160,000 settlement – injury by improper urinary catheter insertion.

Confidential settlement – negligent hiring and supervision - patient sexually assaulted by hospital employee posing as physician. We are informed new prospective employee screening procedures were instituted as a result of this claim.

Confidential settlement – lymph nodes accidentally discarded instead of testing for breast cancer. We are informed policies and procedures were changed in response to this case, to ensure delivery of specimens to the laboratory, and to avoid inadvertent discarding of specimens.

Confidential settlement – permanent damage to hand by improperly placed IV.

Confidential settlement – death of child by asthma attack at home after negligent care in emergency department.

Confidential settlement – multiple cases of spinal cord damage in surgery

Confidential settlement –death of disabled child on total parenteral nutrition (tube feeding) - calcium overload due to decimal point error in formula written by physician.

Confidential settlement – death by cerebral hemorrhage after sentinel bleed misdiagnosed as migraine at emergency department.

Confidential settlement – death of patient from stroke after coronary artery bypass graft surgery.

Confidential settlement – burns in gynecology procedure due to hot sterilized weighted speculum not properly cooled before procedure.

Confidential settlement – death by peritonitis after feeding tube placed incorrectly.

Confidential settlement – death of dehydration in hospital – failure to provide proper supportive care for gastroenteritis in admitted patient.

Nursing Home Mistreatment

Confidential settlement – leg broken by improper lifting

$170,000 settlement – facial bones broken in fall from bed

$120,000 settlement – facial bones broken in fall from wheelchair

$104,000 settlement – head injury due to fall from shower chair

Worker's Compensation

$110,000 settlement – permanent, repetitive shoulder injuries

Premises Liability

Confidential settlement – permanent disability caused by fall of heavy boxed treadmill from store shelf onto head

Auto Collision Injuries

$1.5 million plus settlement - death of three family members by collision with drunk driver

$100,000 settlement for child injured in collision of pickup truck and 4-wheeler

$150,000 settlement for elderly husband and wife injured in collision with sleeping driver

Confidential settlement – permanent shoulder injury in auto collision

Confidential settlement – permanent injury in auto collision

Legal Malpractice

$800,000 settlement for bank – attorney’s failure to discover title defect prior to mortgage closing

Confidential settlement - attorney failed to supervise employees and money never reached client

Insurance Litigation

Crop insurance – $225,000 settlement for improperly adjusted crop loss claim.

Homeowner’s insurance – confidential settlement for wrongfully denied fire loss claim.

Health insurance – confidential settlements in multiple cases for improperly denied claims.

Landlord/Tenant Litigation

$5,000 settlement - landlord improperly refused to return prepaid rent

$2,723 judgment - landlord improperly refused to return security deposit

Professional Services Defense

Defense jury verdict - an HVAC drain pan leaked, causing damage to a homeowner's home; HVAC installer (our client) was sued for damages years after he installed the unit; homeowner alleged installer had negligently installed the unit; however, the homeowner testified that she had never maintained the unit even one (1) time since the units installation, except changing the filter; her failure to maintain the system led to a defense verdict, as well as a lack of professional testimony placing any blame on the installer