Sexual Abuse/Assault Blog | Schmidt Kramer

PA Appellate Court Set to Review Sexual Abuse Exception to Sovereign Immunity For the First Time

Posted on behalf of Schmidt Kramer on July 17, 2023 in Sexual Abuse/Assault

A decision by Judge Daniel Anders of the Philadelphia Court of Common Pleas has set us on a course for an appellate review of the sexual abuse exception to sovereign immunity. This would be the first time an appellate court has reviewed whether sovereign immunity can protect a state agency from liability for sexual abuse. […]

State Police Arrest Cumberland County EMS Chief for Alleged Sexual Assault of Minor

Posted on behalf of Schmidt Kramer on February 08, 2023 in Sexual Abuse/Assault

An EMS station chief in Cumberland County is alleged to have had an unlawful sexual relationship with a teenage female. The station chief was arrested and has been indefinitely suspended from his post. He was charged with statutory sexual assault, aggravated indecent assault of someone under the age of 16, corruption of minors, indecent assault […]

Lancaster County Charges Former Caretaker With Sexually Assaulting Personal Care Home Residents

Posted on behalf of Schmidt Kramer on February 06, 2023 in Sexual Abuse/Assault

The Lancaster County District Attorney’s Office has charged a 68-year-old former caretaker with more than 600 counts of sexual assault. He has been charged with sexually assaulting residents of Faith Friendship Villa between 2007 and 2022. Faith Friendship Villa caters to those with mental illnesses and disabilities. The former caretaker, James Zook, was first arrested […]

President Biden Signs Law Eliminating Statutes of Limitations for Federal Child Sex Abuse Cases

Posted on behalf of Schmidt Kramer on September 27, 2022 in Sexual Abuse/Assault

Earlier this month, President Biden signed a new bill into law that eliminates federal statutes of limitations for civil cases involving child sexual abuse cases. The law, which is titled Eliminating Limits to Justice for Child Sex Abuse Victims Act, applies to civil claims involving sex abuse crimes against minors, such as sexual abuse and […]

Middletown Area High School Football Players Charged in Connection With Hazing Allegations

Posted on behalf of Schmidt Kramer on September 21, 2022 in Sexual Abuse/Assault

On September 20th, 2022, 10 Middletown Area High School football players were charged in connection to hazing allegations. Two of the players were charged with attempted sexual assault. According to the police, three students were sexually assaulted last month in the turf room when they were by themselves. The assault was recorded on video and […]

Rally at State Capitol Rotunda Commemorates Start of Sexual Assault Awareness Month

Posted on behalf of Schmidt Kramer on April 06, 2022 in Sexual Abuse/Assault

April 2022 is the 21st anniversary of Sexual Assault Awareness Month (SAAM), a time to raise awareness about the ongoing problem of sexual assault. Organizations around the nation are working to raise awareness – the Pennsylvania Coalition Against Rape (PCAR) held a rally at the State Capitol Rotunda on Monday to emphasize the need to […]

Multi-Million Dollar Lawsuits Against Pornography Websites Allege Sex Trafficking and Child Pornography

Posted on behalf of Schmidt Kramer on January 10, 2022 in Sexual Abuse/Assault

Dozens of women have filed a multi-million-dollar lawsuit against Pornhub, its parent company MindGeek and several other porn brands, in California Central District Court. The lawsuit alleges sex trafficking and distribution of child pornography. The 179-page lawsuit was filed on behalf of 33 anonymous plaintiffs and Serena Fleites, who was featured in an opinion piece about […]

Where Does Reform Currently Stand on Sexual Assault Statute of Limitations?

Posted on behalf of Schmidt Kramer on October 01, 2021 in Sexual Abuse/Assault

Statute of limitations dictate the maximum amount of time after an incident for an individual to bring forth legal proceedings. As lawyers, we are trained day-in and day-out to be cognizant of that specific date, whether it comes in one year, two years, four years, and so on. But, another group of Pennsylvanians are also […]

Sexual Assault Victims of Former UPMC Nurse May Be Able to Seek Compensation

Posted on behalf of Schmidt Kramer on March 09, 2020 in Sexual Abuse/Assault

Anyone who was treated at UPMC Carlisle’s emergency room between January 2016 and April 19, 2019 may have been secretly videotaped by former nurse Michael Bragg. According to Pennsylvania Attorney General Josh Shapiro, Bragg recorded 206 patients without their consent, including almost 24 minor children. Some of the videos were of children, approximately seven years […]

Schmidt Kramer Partner Scott Cooper Discusses Bill Cosby Mistrial with CBS 21

Posted on behalf of Schmidt Kramer on June 19, 2017 in Sexual Abuse/Assault

Partner Scott Cooper was recently interviewed for a CBS 21 report on the declaration of a mistrial in the sexual assault lawsuit against Bill Cosby that was heard in the Montgomery County Courthouse in Norristown, Pa. The judge declared a mistrial one hour into the sixth day of jury deliberations on the case. The jury […]

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$10,043,952.13 Personal Injury
Schmidt Kramer, P.C.partner Gerard C. Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.
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$4,034,000.00 Personal Injury
Yesterday a Judge in Union County (Lewisburg, PA) awarded a couple from New Berlin, Pennsylvania, over $4,000,000 because the husband was shot while turkey hunting.You might ask yourself, how does a turkey hunting accident end up with that type of verdict? In order to understand the verdict you would have to know our clients. They are good people who had their life wrecked. Plus, you would have to know the defendant, who should not have been hunting with a gun because he was prohibited after a previous criminal conviction.It is a good verdict, because the Judge was able to do two things with his decision. First, he communicated to two very good people that their losses were something that those of us on the outside could appreciate and value. Mike Hobbins (our client) is a 51 year old guy who lost his sight because a convicted felon --who should not have even possessed a gun-- went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger. The Judge accepted the financial loss Mr. Hobbins' suffered, but listened closely to the evidence of less tangible losses. When Mike broke down on the stand, because his daughter would end up walking him down the aisle at her wedding, as opposed to how it was supposed to go, the Judge was listening. When Mike could not keep it together, because of how emasculating it was for him not to be able to provide financially for his family, the Judge was listening. It was facts like these that the Judge cited to support the $2,000,000 award for non-economic damages. Second, the Judge wanted to send a message. Union County is a hunting county. Many of the residents hunt there, and people from outside the area come to Union County to hunt. It was my impression, from the Judge's statements as he rendered his decision, that he wanted to send a message to the people in Union County to protect them in their sport. The rules in place to restrict people convicted of crimes not to have a gun are not to be broken. Hunting is serious and you have to identify your target before you shoot. When you turn your back on the rules that are set to provide safety in a sport, you risk being an example. Here, the $1,000,000 punitive damage award sends that message loud and clear.When it really comes down to brass tacks, the right action was taken against a Defendant who may never truly appreciate what kind of impact his reckless choices caused.At Schmidt Kramer, we are injury lawyers. That means we work with people who were hurt in car accidents, who were hurt by the neglect of nursing homes, or those that were seriously injured because of the reckless, thoughtless acts of others. If you or a loved one have been injured in Pennsylvania, we may be able to help. While the verdict yesterday is not one that is representative of every case we do, it does show that serious and dedicated representation can bring good results.Joe ChapmanJanuary 18, 2013
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$2,200,000.00 Auto Accidents
On Monday, January 6, 2014, Schmidt Kramer accident lawyer Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a fiery crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.Kamilah Claxton won summary judgment in November after the defendants, Sukhwinder Singh and the trucking company for which he worked, failed to file a brief in opposition to Claxton's motion, which was made in September. The verdict in Claxton v. Singh was issued after the court held a non-jury assessment of damages earlier this month."Mr. Sukhchan Singh, the employer, is liable on the basis of respondent superior, but was also grossly negligent in failing to maintain his vehicle in compliance with state and federal law, particularly with regard to having required safety inspections and correcting defects in its braking equipment," said U.S. District Judge William W. Caldwell of the Middle District of Pennsylvania in his opinion accompanying the verdict."He was also grossly negligent in entrusting his vehicle to Sukhwinder Singh, an inexperienced truck driver who had failed the written test and driving test multiple times before finally earning his commercial driving license," Caldwell said.
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$1,200,000.00 Personal Injury
A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.2012-06-26 10:00:00 AMDate of Verdict: June 19. 2012Court and Case No.: C.P. Dauphin County No. 2009-CV-14003-MMJudge: Scott EvansType of Action: Medical malpracticeInjuries: Anoxic brain injuryPlaintiffs Counsel: Terry S. Hyman, Schmidt Kramer, HarrisburgPlaintiffs Experts: Dr. Anna H. Messner, liability; Lucille Packer, Pediatric Otolaryngology, Palo Alto, Calif.; Terry P. Leslie, vocations and earning capacity, Lancaster; Dr. Hilary B. Berlin, pediatric psychiatry, Great Neck, N.Y.Defense Counsel: Andrew H. Foulkrod, Darlene K. King, Foulkrod Ellis, Camp Hill, PADefense Experts: James C. Reilly, Pediatric Otolaryngology, Wilmington, DEComment: A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.The entire verdict came against Dr. Andrew M. Shapiro, the doctor who plaintiffs Reginald Graham and Tykeisha Metz alleged chose to have the boy monitored at a pediatric ward. The plaintiffs argued Shapiro failed to tell nurses caring for the baby about, and how to care for, the boy's enhanced risk for respiratory failure.The jury came back on June 19 and awarded Reginald Graham and Tykeisha Mets $500,000 in non-economic damages and $686,170 in loss of future earning capacity, according to the plaintiffs counsel.According to the statement, the baby's mother brought him to Shapiro because she was "'afraid that he might stop breathing during his sleep,'" the plaintiffs' pretrial statement said. Shapiro performed a sleep study and observed the baby's Apnea Hypopnea Index to be 43 — four times higher than what's considered severe. A tonsillectomy and adenoidectomy were performed.According to the plaintiffs, the baby's sleep study results put him at an increased risk for post-operative respiratory complications. Despite this, they argued in the statement, Shapiro ordered the pediatric nurses at the Harrisburg Hospital general pediatric ward to observe the boy as they would any other patients — about once every four hours.The pretrial statement said that one in four children who have an AHI in the 40s and oxygen desaturation below 80 have some type of respiratory problem. The younger the child, the greater the risk of a respiratory problem, the statement said.According to the statement, Shapiro took off the child's pulse oximeter, the finger-mounted device used to measure blood oxygen, and ordered a heart and respiratory rate monitor. The child was 11 months old at the time.The plaintiffs pled that the baby was last seen at 4 a.m. There was no record of his oxygen saturation for the next hour and 45 minutes. He stopped breathing a 6:40 a.m., and his brain was without oxygen long enough to cause demonstrable injury on an MRI."Immediately prior to his surgery, [the child] was a normal child, who could say mama, eat finger foods, and was just on the verge of walking," the statement said. "After his code, [he] was like a newborn. He could not lift his head or sit up. He could not talk. He could not move."In his pretrial statement, Shapiro argued that he recognized the child's pre-operative sleep study showed he was driven to breath by decreased blood oxygen saturation, which he said was typical in patients with obstructive sleep apnea.He argued the American Academy of Otolaryngology dictates that admission to the intensive care unit is not the standard of care. In the statement, he said nurses did not observe signs of respiratory distress. No alarms sounded until the child arrested, the statement said.He said the baby likely arrested as a result of hypoglycemia and/or an acute aspiration, which he argued would not have been identified by blood oxygen saturation.— Ben Present, of the Law Weekly
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$1,024,040.80 Auto Accidents
Scott Cooper settled a wrongful death case on behalf of the widow of a police office who was killed in a car accident in the line of duty for $1,024,040.80. The claim against the other driver was amicably resolved before suit was filed for the entire available policy limits for the other driver. The case took place in Adams County, PA.
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Testimonials

Jessica is a great comp lawyer. She communicated with me every step of the way. She is a caring person that I'd recommend to anyone with comp case. Thanks Schmidt Kramer.
Gregory Frye
Very nice ...helped me tremendously....answered all my questions..kept in touch with updates..even came and dropped thing off and picked up things from my home..
Monica Wilson
Dear Jessica,This is late in coming but heartfelt nevertheless.It's been a while since my case was closed but I thank God for your help and your dedication to your job that helped me through my case.Every day I am grateful that you took care of me in an unfamiliar situation. I feel confident that the outcome was the best for me. I don't know anything about the legal side of things and my rights. I can start your IV though.If it would ever come up, I would recommend you and your firm to represent anyone seeking a good and honest attorney.
Aniko B, Workers' Comp Client of Jessica L. Mitchell
My family and I would like to personally thank you and Schmidt Kramer for everything you did and provided to us, as well as a big thank you for taking and reviewing our situation and taking on our case. We cannot express how satisfied and how much we appreciate your guidance and leadership on how you handled the case and updating us on what was going to happen next and the updates within our case as they became available. In closing, we wish you the best in your career and in life. Wherever it takes you, you will succeed and we are fortunate to have met you and those we met at Schmidt Kramer. As I continue my journey, I hope I continue to heal from minor issues associated with the accident and keep moving forward. My family appreciates everything you have done, even though you may feel you may only have been doing your job. Thank you and take care.
Chad S., Workers' Compensation Client of Jessica Mitchell from Manchester, PA
Thank you for your excellent service and assistance during a very overwhelming time for me. Your assistance was much appreciated!
Josh D., Client of Gerry Kramer