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.
$1.5 Million+ Settlement (caused by Drunk Driver) – Death of three family members from an auto collision.
$650,000.00 Settlement – Our clients were t-boned at an intersection on a rural road in Bamberg County, causing substantial injuries to both clients. We recovered the full insurance policy limits from the at-fault driver as well as the Underinsured Motorist coverage (UIM) from our client’s car.
$375,000.00 Settlement – Our client was hit by a passing car as he stepped out of his car to get mail from his mailbox. We recovered money for our client and his spouse, who witnessed the accident.
$150,000 Settlement – Elderly husband and wife injured in collision with sleeping driver.
$100,000 Settlement – Child injured in collision of pickup truck and 4-wheeler.
$77,000 Settlement – Our client was injured by another motorist in Aiken County.
27x Medical Bills (caused by Drunk Driver) – Our clients were rear ended by a drunk driver in Orangeburg County, who was later convicted of DUI and Leaving the Scene of an Accident. We recovered full insurance policy limits from the drunk driver’s insurance company.
8x Medical Bills – Our client was injured in a head-on collision in Orangeburg County. We settled the case for 8x the amount of his medical bills.
Full Insurance Policy Limits (caused by Drunk driver) – Our client was hit by a drunk driver as he and his girlfriend were walking down a neighborhood street in Orangeburg County. We recovered full insurance policy limits from the drunk driver’s insurance company.
Confidential Settlement – Permanent shoulder injury in auto collision.
Confidential Settlement – Permanent injury in auto collision.
ELECTROCUTION / POWER LINE INJURIES
Confidential Settlement – Death due to electrocution.
PROPANE / FIRE INJURIES
Confidential 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.
Confidential Settlements in multiple cases of children sexually assaulted at schools.
$110,000.00 Settlement – Permanent, repetitive shoulder injuries.
$40,000.00 Settlement – A few phone calls and emails, and we were able to settle a claim for 2x the amount the client had been offered prior to entering our office.
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.
Confidential Settlement – Our client had knee replacement surgery but developed an infection shortly thereafter. Her doctors were aware of the infection but neglected to treat it in time. Our client ultimately had to have her leg amputated from the knee-down. We filed a medical malpractice case against the surgeon and his practice for missing the infection and were able to settle the case.
Confidential Settlement – Our client had invasive abdominal surgery at a respected out-of-state hospital, and her surgeon left a surgical instrument in her abdomen after the surgery was completed, causing immense pain. After being turned down by multiple other law firms, we took her case and were able to settle it pre-suit.
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.
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. Defense jury verdict.
Directed Verdict on All Causes of Action – Our client in this case was a county government and had been sued by a local business for breach of contract. After 4 years of litigation, a jury trial occurred, and the judge ultimately directed a verdict in our client’s favor, dismissing the Plaintiff’s entire case.
$50,000,000.00+ (Fifty Million) Judgment – Banker Fraud – We had numerous clients who were defrauded by a banker. After obtaining Fifty Million+ in total judgments against the banker, with no offers by the banker to pay the judgment, the banker was successfully pulled into U.S. Bankruptcy Court (through involuntary bankruptcy), along with the help of co-counsel. We were able to collect considerable amounts of money for our clients by forcing the liquidation of the banker’s personal assets.
$800,000.00 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 his client.
$225,000 Settlement – Crop Insurance – Improperly adjusted crop loss claim.
Confidential Settlement – Homeowner’s Insurance – Wrongfully denied fire loss claim.
Confidential Settlements – Health Insurance – Multiple cases for improperly denied claims.
$25,000.00 Settlement (11x Timber Value) – Our client owned a tract of land in rural Bamberg County and had approximately 1 acre of Pine Timber cut by an adjacent landowner’s forester and logging crew. The forester and logging crew did not properly flag or mark corner markers and property lines, which led to them cutting over our client’s property line and ultimately our client’s pine timber. We settled the case for 11x the actual value of the cut timber owned by our client.
Confidential Settlement – Our client was wrongfully accused of shoplifting a bottle of wine at a big box retailer. The retailer and employees pushed for her arrest, and our client spent approximately 24 hours in jail. After we successfully defended our client in the criminal case by getting the charges dropped, we then filed a civil suit against the retailer for false arrest and defamation. We settled her case after filing suit and taking a few depositions.
BREACH OF WARRANTY
Confidential Settlement (Manufacturing Equipment) – Our client purchased manufacturing equipment through a U.S. broker and foreign (non-U.S.) manufacturer to start and run their business. The business ultimately failed, due in large part to the manufacturing equipment not working as promised and advertised. We brought a warranty (breach of contract) case against both companies. After extensive litigation in federal court, we were able to settle the case for our client.