Personal Injury Cases
Attorney Bratton Wins $3,000,000 Settlement for Client
The plaintiff, a forty-five year old computer programmer, was a patient of the defendant OB-GYN since 1978, receiving routine care and treatment. She underwent tubal ligation without incident. Several years later, she presented to the OB-GYN with symptoms involving heavy and frequent menses, dizziness, fainting and vaginal pain. Pelvic ultrasound revealed a 3.3 cm uterine fibroid. A hysteroscopy and biopsy did not show malignancy. Nonetheless, a total hysterectomy was performed in 2002 during which the plaintiff’s ovaries appeared normal. In June of 2003 plaintiff saw the defendant OB-GYN because of pelvic pain and an ultrasound was performed. The ultrasound was not read by the defendant hospital for over one year, nor did the defendant doctor follow-up on the status of the ultrasound. The plaintiff called the doctor during the year and was told several times by staff that the film was “in the hands of the hospital” and that “no news is good news.” By coincidence and inadvertence, a radiology technician of the defendant hospital found the film and it was read by a radiologist who saw Stage I cancer of both ovaries. The defendant doctor was notified that the film had been found and of the apparent cancer. Defendant doctor ordered CA-125 exams that showed enormously high readings evidencing ovarian cancer. An urgent care referral was made by the defendant doctor to a specialist, who continues to treat the plaintiff for Stage III ovarian cancer. The plaintiff’s experts determined that, had the ultrasound been read when it was performed and not one year later, the plaintiff’s cure rate would have been about 80 percent. Now her life expectancy is a maximum of five years.
Counsel for the plaintiff made formal written demand of the defendants March of 2006. Suit was filed in June of 2006 and the case settled in September of 2006. The plaintiff was never told that a wrongful delay in diagnosis had occurred. Rather, when the plaintiff spoke with counsel about an unrelated legal matter, she expressed doubts and concerns of the quality of care provided by the defendant doctor. Counsel obtained her medical records, and discovered a confidential internal memo from the director of the defendant hospital to the defendant doctor advising that the hospital had forwarded the matter to its liability carrier, directing the doctor to do the same. But for this unusual chain of events, it is possible that plaintiff would have never discovered the malpractice, nor brought a claim. Plaintiff reached a settlement with the insured in the amount of $3,000,000.00.
Bratton & Springer Win 2.5 Million for Client in a Wrongful Death
United States District Court of New Hampshire (No. 1:07-CV-3248-JL)
On February 14, 2007, a heavy snow storm moved through the Northeast, lasting much of the evening and stopping around midnight. The following morning on February 15, 2007, prior to 7:00 a.m., the Plaintiff, a twenty-seven year old nursing student was the operator of a vehicle traveling south in the right lane of Route 93, in the vicinity of Exit 4, in the State of New Hampshire. Her six year old son was properly restrained in a child seat in the rear of her vehicle. The Defendant was a long distance hauling company from Quebec, Canada, operating a tractor trailer with an attached flatbed loaded with palettes of plywood. As the Defendant attempted to pass the Plaintiff his truck began to jack-knife, dragging the Plaintiff’s vehicle along the roadway and guardrail a distance of approximately two football fields. As a result of the impact the Plaintiff suffered various injuries including a fracture of her right femur and hip, incurring approximately $100,000.00 in medical bills. Her son was tragically killed in the loss.
Bratton & Springer, LLP filed a lawsuit against the Defendant, asserting that he was negligent in the operation of his tractor trailer and his employer was vicariously liable. A litany of experts was retained to further support the case for trial. The Defendant contended that he was not negligent in the operation of his tractor trailer. Moreover, the Defendant argued that the State of New Hampshire and the Department of Transportation were negligent in the maintenance of the subject roadway in failing to properly sand and salt. The Defendant subsequently filed a third party complaint against the State of New Hampshire. Throughout the handling, the Defendant, through its insurance company, made offers only as high as $700,000.00 to resolve the case amicably.
Three weeks prior to trial, at a non-binding mediation before the Honorable Robert Morrill, Bratton and Springer successfully obtained a settlement for their client in the sum of Two Million Five Hundred Thousand Dollars.
$750,000 Won for Salesman Injured in Car Accident During Work
Plaintiff counsel was retained to represent a forty one year old married, father of three HVAC salesmen stemming from a car accident. The plaintiff was the belted operator of his vehicle traveling south. The Defendant was traveling north in his Jeep. The Defendant for no apparent reason crossed over the center line striking the Plaintiff’s vehicle head on. The Defendant died at the accident scene as a result of the collision. As a result of the accident the plaintiff suffered a dislocated left hip, fractured left forearm necessitating internal fixation and a fracture of the right orbit necessitating additional surgical repair. The Plaintiff was an in-patient at a hospital for two weeks following the accident and remained in a rehabilitation hospital ten days thereafter. The plaintiff incurred roughly $169,000.00 in medical bills and collected $15,500.00 in indemnity benefits from the worker’s compensation carrier having returned to work part time only four months after the accident and full time with no restriction six months following the loss.
Bratton & Springer filed a detailed demand against the Defendant seeking the voluntary payment of the one million dollars coverage readily available on the date of loss, asserting that the Defendant was negligent in the operation of his motor vehicle and his employer was vicariously liable. A litany of experts was retained to further support the case for trial. The Defendant Insurer did not contest liability but argued that the Plaintiff had a remarkable recovery following the accident, having returned to work in his previous capacity.
Six weeks after being retained, Bratton & Springer successfully obtained a settlement for their client in the sum of $750,000.00 with the Defendant Insurer, having the Worker’s Compensation Insurer agree to pay the next $30,000.00 in medical expenses before they begin to appreciate their Hunter v. East Cost Transportation Holiday.
Patient Abused by Primary Care Physician Recieves $540,000.00 Settlement
The client was a fifty-five-year-old female patient with a back injury who went to the defendant doctor for cortisone injections and pain management therapy. The physician initiated an illicit pattern of sexual touching of the patient over a two-year time frame and facilitated her becoming addicted to narcotic pain medicine. The patient terminated the relationship with the doctor and retained Bratton and Springer, LLP to represent her. The attorneys discovered numerous improper text messages from the defendant as well as a sexually-explicit photograph of the doctor in his medical office. After three months of negotiations and a threat of a public lawsuit the doctor settled the case for over $540,000.00 with the client signing a non-disclosure agreement.
Pedestrian Struck by Speeding Car Settles for $325,000
The subject accident occured at approximately 1:30 p.m., at the intersection of Market Street and North Beacon Street, in Brighton, Massachusetts. The Plaintiff was attempting to cross the street when he was struck by the Defendant's vehicle. At the time of the accident, the sixty-six year old, married, male Plaintiff suffered from schizophrenia, depression, developmental delay, hypertension, was hard of hearing, and had poor vision due to glaucoma. The Plaintiff was struck by the Defendant vehicle when he was in the crosswalk although it was posted at the time, "Do Not Walk". The Defendant proceeded through the intersection with the green light as verified by non-biased witnesses at the accident scene. The Plaintiff claimed that the Defendant failed to operate her vehicle at a safe and reasonable speed and that she failed to yield to the Plaintiff pedestrian, albeit he was proceeding through the crosswalk when posted not to do so. The Plaintiff suffered lacerations to his left eyebrow extending to the bridge of his nose, abrasions to his hands and knees, and a right femur fracture requiring surgical repair. The Plaintiff's experts contended that the pre-existing conditions of schizophrenia suffered by the Plaintiff prior to the accident were dormant and in control, and although no closed head injury occurred per-se, the trauma sustained to the Plaintiff's body exacerbated his dementia. The Plaintiff reached an amicable settlement with the Defendant for $325,000.000.
Woman Injured in Motor Vehicle Accident Wins $300,000 Settlement
The Plaintiff, a 41-year-old office manager was operating her vehicle on route to work proceeding through an intersection when she was struck by the Defendant vehicle. The Defendant was cited for failure to stop for the posted signal he was faced with. The Plaintiff sustained a left ulnar fracture, rotator cuff tear and elbow dislocation necessitating surgical repair, incurring $69,000.00 in medical bills. She was deemed totally disabled for nine weeks. The most helpful witness was the Plaintiff’s primary physician who provided a detailed narrative. Less than one year following the loss the Plaintiff reached settlement with the Insured for the sum of $300,000.00.
$250,000.00 Global Policy Limits Settlement for 22-Year-Old New Hampshire Woman
The Plaintiff was a front seat passenger in her boyfriend’s vehicle that failed to proceed with caution at a controlled intersection, causing injuries which included a fracture of her left tibia. Attorney Springer successfully obtained joint-tort feasor contribution from the two vehicles insurers involved having them tender the full policy limits of a combined $150,000.00 and thereafter obtained an additional $100,000.00 from the underinsurance carrier. The claim was resolved in full within four months of the subject accident.
$230,000 Settlement for Minor Assaulted on School Bus
Attorneys Bratton and Springer obtained a $230,000.00 settlement at mediation on behalf of a minor autistic child assaulted on his school bus. The Insurer for the Defendant employer originally fought the claim seeking a disclaimer of coverage on a basis that such assaults were intentional acts and outside the scope of one's employment. After prevailing on motions for Declaratory Coverage at the Superior Court level with the Court affording coverage, the settlement was obtained on the minor's behalf.
Motorcyclist Struck by Another Rider Settles for $175,000
The plaintiff, a fifty-four year old printer, was idling his motorcycle in stop and go traffic on Route 3 southbound in Laconia, New Hampshire during bike week. The Defendant lost control of his motorcycle, striking the Plaintiff's right leg with his front tire. The Plaintiff sustained $748.45 in property damage. The defendant contended that he was not at fault for this loss. Moreover, that the Plaintiff grossly exaggerated his treatment and the necessity thereof. Through further negotiations with the insurance company, the case resolved for $175,000 at a private mediation.
Motorcyclist Injured When Forced to Stop Suddenly Settles for $160,000
The plaintiff, a 43 year-old pressman for the Boston Herald, was attempting to merge onto Storrow Drive, westbound. The plaintiff struck the vehicle in front of him in the rear fender, causing him to be propelled on the roadway. The Plaintiff asserted that the Defendant vehicle stopped suddenly in her attempts to merge onto Storrow Drive when there was no need to do so, causing the Plaintiff to rear-end her. The Defendant denied she was negligent contending she never stopped her vehicle, but rather she was merely slowing down as she was yielding to other vehicles already on Storrow Drive. The Plaintiff dislocated his right shoulder and fractured his right hip necessitating surgery with a conservative course of physical therapy thereafter. The Plaintiff returned to work less than one year following the loss. Through negotiations with the insurance company the case settled for $160,000 prior to trial.
Settlement for Accident at NH Fireworks Display Resolves 5 Months Prior to Trial
The case was referred to Bratton and Springer, LLP by the client's previous attorney after he received a denial of the disputed claim. The client, a 71 year-old grandmother from Florida was attending a town fireworks celebration and claimed she was injured and suffered heart ailments as a result of being struck by debris and/or the casing of the firework. As the defendant was a Massachusetts corportation, Bratton and Springer, LLP instituted a lawsuit in the Middlesex Superior Court and amicably reached a settlement of $150,000.00 five months prior to the scheduled trial date.
Partygoes Hurt by Homeowner's Fireworks Wins $125,000 for Injuries
On July 4, the Plaintiff, a 39 year old male attended a party at the Defendant’s home. The Defendant had constructed a steel cylinder device to shoot off fire works and had done so with other partygoers prior to the Plaintiff’s injury. Thereafter, the Plaintiff attempted to light the device on his own and it exploded prematurely blowing off his index and middle finger and fracturing his wrist. The Plaintiff brought a claim against the home owner contending he was negligent in creating a dangerous and defective device and by his failure in warning against its dangerous propensity, demanding full payment of the home owner’s bodily injury limits of $300,000.00. The Defendant argued that the Plaintiff, who was found to be intoxicated at the time of the loss with blood work showing he was over tow times the State’s legal limit, would be barred from recovery due to his comparative negligence as he assumed the risk and danger was open and obvious. Through negotiated agreement the parties reached a settlement five months after the incident for $125,000.00.
$100,000 Settlement for Man Injured in Hit-and-Run
Attorney Bratton attends cookout for a group of clients he represents. At the party, Bratton meets a man who was struck by an automobile while he was a pedestrian, nearly severing his leg. The man had retained another attorney two months earlier who did not return clients phone calls nor prosecute his claim for damages. Two days after the cookout, the client came to the offices of Bratton & Springer and discharged his prior lawyer. Within two weeks Attorney Springer recovered a settlement of the maximum insurance available of $100,000.00.
Bar Patron Injured in Fight Wins $80,000
The Plaintiff, a 36 year old male attended a Veteran’s Hall with his brother-in-law (the Defendant), and approached a man who was a patron at the bar. The Plaintiff and the man went out in the parking lot for further discussion and the man punched the Plaintiff in the head knocking him to the ground, rendering him unconscious. This punch was witnesses by the Defendant. The Defendant took the Plaintiff to his car and drove home. Thereafter, the Defendant aided the Plaintiff into his home where he went into seizure and 911 was summoned. The Plaintiff sustained a brain hemorrhage necessitating surgical draining. The Plaintiff brought a claim against the homeowner contending he was negligent in rendering assistance to him, more specifically, in his unreasonable delay in calling for help. The Defendant contended that the Plaintiff would be barred from recovery as a matter of law as his injury stemmed from a drug deal gone bad, contending the Plaintiff’s brain injury occurred when he was either punched in the head or when he was knocked to the ground and in no way was the Defendant negligent in rendering assistance to the Plaintiff. In November of 2004, the Plaintiff reached an amicable settlement for $80,000.00
$75,000.00 Awarded to Man Injured in Downtown Lowell
The client was allowed by an on-duty Lowell police officer to ride a Segway scooter on a public street, from which he fell, suffering serious head injuries. Initially the client went to another attorney who sued the police officer and City of Lowell. On the day of trial, the case against the police officer and the City of Lowell was dismissed due to the first lawyers’ malpractice. Bratton & Springer sued that lawyer on behalf of the client for legal malpractice and recovered a settlement in the amount of $75,000.00.
Client Assaulted and Attorney Obtains $45,000 Settlement Within 4 Months
Client was a 53 year-old divorced, unemployed handyman. He attended a well known bar and pool hall in Cambridge, Massachusetts with friends. While inside, a patron had approached the clients female companion and had made unflattering comments. Words were exchanged to the effect of "mind your own business". When the client was exiting the bar later in the evening this same patron smashed a beer bottle over the clients right eye, fracturing his nose and orbit, which necessitated twenty-five stitches. The client treated medically on two occasions and incurred $6,355.18 in medical bills. Our office successfully brought a claim against the bar for negligent service of alcohol to the assailant and within four months of handling, was capable of obtaining a settlement for the client in the amount of $45,000.00.