Local News Blog | Harrisburg, PA | Schmidt Kramer, P.C.

Protection From Being Forced Back to Work Too Soon

Posted on behalf of Schmidt Kramer on January 26, 2014 in Workers' Compensation

A common worry among many of the disabled people we represent is that they will be forced to go back to work before they are ready. For some, it’s a legitimate fear. Workers’ compensation in Pennsylvania provides payment for medical care to treat your work-related injury, at least until you’ve reached the peak improvement possible. […]

Stroke and Social Security Disability

Posted on behalf of Schmidt Kramer on January 22, 2014 in Social Security Disability

There’s a persistent modern myth that the average person uses only about ten percent of his brain. Contrary to this common belief, medical science hasn’t found any part of the brain that doesn’t serve an important function. As a result, anything that disables part of the brain has a catastrophic impact on the body’s overall […]

Which Two Pennsylvania Laws Do Most Drivers Forget To Follow In Winter?

Posted on behalf of Schmidt Kramer on January 22, 2014 in Car Accidents

Winter drivers in Pennsylvania have enough to deal with between snow and ice. Also, they have to navigate traffic. However, there are 2 important Pennsylvania laws which many forget to follow. It is important to follow them to avoid serious injury and car accidents. Clearing Off Your Vehicle In the winter it is important to […]

Peripheral Artery Disease and Social Security Disability Benefits

Posted on behalf of Schmidt Kramer on January 22, 2014 in Social Security Disability

The human circulatory system works to ensure a supply of oxygen and nutrients is transported to tissues throughout the body. Blood picks up oxygen at the lungs, and the heart propels oxygenated blood through the arteries. As smaller blood vessels branch off the arteries, the blood gives up its oxygen to living tissues and collects […]

Study Links Truck Driving to Aggressive Form of Prostate Cancer

Posted on behalf of Schmidt Kramer on January 20, 2014 in News

Posted on Jan 20, 2014 A recent study found that men who spent a majority of their day driving a truck were as much as four times as likely to develop a highly aggressive form of prostate cancer. This study was presented at the American Association for Cancer Research’s International Conference. The study was conducted […]

Court Denies Class Certification In Case Involving PA Car Accident

Posted on behalf of Schmidt Kramer on January 17, 2014 in Car Accidents

The Middle District of Pennsylvania memorandum and order in Webb v. Discovery Prop. & Cas. Ins. Co., 2014 WL 105608 (M.D. Pa. Jan. 9, 2014) (mem.) denies a motion for class certification in a case involving the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL). The court previously held that the insurer’s underinsured motorist (UIM) rejection […]

Read – Major Change In The Way PA Labor Market Surveys are Interpreted

Posted on behalf of Schmidt Kramer on January 16, 2014 in News

Posted on Jan 16, 2014 If an injured worker has collected workers’ compensation indemnity benefits for an extended period of time, the insurance company will likely try to modify or suspend the workers’ wage loss benefits through a tool called a Labor Market Survey. In a Labor Market Survey, the insurance company hires a vocational […]

New Ruling On PA Injury Car Accident And UM/UIM Arbitration/Venue

Posted on behalf of Schmidt Kramer on January 15, 2014 in Car Accidents

Below is the link to McAteer v. State Farm Mut. Auto. Ins. Co., No. 1428 EDA 2013 (Pa.Super. Jan. 7, 2014) (mem.) where a panel of the Superior Court in a memorandum opinion finds that the appellant/McAteer failed to address the dispositive issue of venue, i.e., that when an arbitration clause calls for arbitration in […]

Lebanon County Truck Crash Fatality Earns $2.2 M Award

Posted on behalf of Schmidt Kramer on January 15, 2014 in News

Posted on Jan 15, 2014 In the early morning of November 13, 2009, a tractor-trailer driver missed his turn on Interstate 78 in Lebanon County. The driver, Sukhwinder Singh, pulled over and stopped the truck. According to evidence presented at the trial, he then backed up onto the highway without first checking for approaching traffic […]

Can Health Insurance Leins Pay for Car Crash Recovery?

Posted on behalf of Schmidt Kramer on January 14, 2014 in Car Accidents

Not everyone is charged the same in the U.S. health care system. Health care insurance companies negotiate for discounts from medical providers—hospitals, physicians, surgeons, and even pharmacies. The provider is usually willing to cut back the price significantly in order to get the assurance of quick and reliable payment. Medicare and Medicaid, two large government-run […]

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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

Very caring and compassionate
Debra Zervanos
Gerry and his team were very caring and compassionate. Gerry was always very responsive to me whether it be phone calls or emails. He kept me updated every single step of the way. His team and himself worked tirelessly to get me the best possible outcome to my situation. He was able to wrap everything up within two years with a nice bow on it. I will forever be grateful and will recommend him to everyone.
Dakota Cravener
Solid, trustworthy and lucky to have on your side! Dennis Kergick represented me and I was very impressed. Finally a down to earth and easy to talk to attorney . When the time came he was a junk yard dog and I could see the opposing counsel was intimidated. All while maintaining a professional level of respect and courtesy. Would recommend to friends and family. Keep up the good work!!
It’s hard to believe it’s been four years already, but I’m still deeply thankful for my experience with Dennis. Now living in Illinois, I’ve had some similar encounters, and people here are often surprised — and even a bit shocked — when they hear my story. They always end up admitting just how good Dennis truly was. It’s something I didn’t fully realize at the time, but the more I share, the more it’s confirmed to me. God bless, and thank you I came back stronger than ever.
I wanted you to know that I'm so glad that I switched to Schmidt Kramer and that you are my Attorney. I think you are doing a great job for me, and wanted you to know that, A+++Thank you againKen

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