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

Pre-Existing Conditions & Laws For Workers’ Compensation

Posted on behalf of Schmidt Kramer on July 11, 2012 in Workers' Compensation

June 12, 2012 – Many people injured in work related accidents do not know that under Pennsylvania workers’ compensation law, your employer must provide medical care and wage benefits for aggravation of a pre-existing condition. A workplace accident or job duties can cause a re-injury or flare-up of a previous condition such as a back […]

Harrisburg Accident Attorney Discusses New Research on Teen Driving from AAA

Posted on behalf of Schmidt Kramer on July 11, 2012 in General

May 9, 2012 – A new AAA Foundation study shows that there is a strong association between teen driver fatalities and multiple young passengers in the vehicle. The press release states in part: The AAA Foundation for Traffic Safety today released a study showing a strong association between the number and age of passengers present […]

More Information About the Penn State Hazing Incident That Injured Student

Posted on behalf of Schmidt Kramer on July 11, 2012 in General

April 30, 2012 – Should a student receive aid in transferring after an illegal hazing incident? The Allentown Morning Call continued the coverage of the Penn State hazing incident in it April 27, 2012 paper. A Penn State student is pressing charges against a fraternity and the individuals of its purported “little sister” group she claims beat […]

Harrisburg Lawyer Reports on New Pennsylvania Uninsured/Underinsured Policy Decision

Posted on behalf of Schmidt Kramer on July 11, 2012 in Car Accidents

May 22, 2012 – In Glazer v. Nationwide Mut. Ins. Co., NO. 3:10-cv-1366 (M.D. Pa. May 17, 2012) Judge Caputo in the Middle District of Pennsylvania held last week that the Pennsylvania Supreme Court opinions regarding Section 1738 of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) in Sackett v. Nationwide Mut. Ins. Co., 919 A.2d 194 […]

Woman Injured in Fairfield Township Motorcycle Crash in Fair Condition

Posted on behalf of Schmidt Kramer on July 11, 2012 in General

The Muncy woman injured in a motorcycle crash on Saturday is in fair condition after being transferred to Geisinger Medical Center in Danville, according to hospital officials. Danielle Chamberlin, 27, was the passenger of Andrew M. Peters, 33, of Williamsport, according to state police. The two suffered serious injuries after Peters lost control of his […]

Pennsylvania Workers’ Compensation Has Exceptions So You Can Choose Your Own Doctor

Posted on behalf of Schmidt Kramer on July 11, 2012 in Workers' Compensation

June 14, 2012 – Many attorneys and people forget or do not know that according to the Pennsylvania Workers’ Compensation Act, if your employer has not posted a list of medical providers you may select the doctor of your choice. However, if your employer has posted a list of at least six health-care providers in […]

Pedestrian Struck on Route 116 Near Hanover in Adams County

Posted on behalf of Schmidt Kramer on July 11, 2012 in Car Accidents

June 7, 2012 – The Hanover Evening Sun reports that a pedestrian was injured yesterday afternoon on Route 116 east of Hanover. A 20-year-old local man was taken to York Hospital after he was struck by a car while trying to cross Route 116 Wednesday afternoon, police said. The man, whose name was not released at the scene, […]

I-81 South Closure Attributed to Central Pennsylvania Truck Accident

Posted on behalf of Schmidt Kramer on July 11, 2012 in Truck Accidents

May 23, 2012 – A crash has closed Interstate 81 South at the Plainfield Exit in Cumberland County. State police said a rental truck was towing a pickup truck in the northbound lanes before it sideswiped another pickup headed northbound. Both vehicles went into the median where the rental truck overturned and then slid into […]

Harrisburg Attorneys Comment On How Penn State Has Handled Civil Cases Relating To Sandusky’s Actions

Posted on behalf of Schmidt Kramer on July 10, 2012 in News

What do you think of Penn State’s actions in how it has handled the civil cases that are the result of the Sandusky Scandal? Below is a link to a report and video where Schmidt Kramer Injury Lawyer Scott Cooper comments to Annie McCormick of Harrisburg news station WHP-TV 21 on his opinion of the […]

Pennsylvania Trial Court Denies Parties Motions Seeking Social Media Information

Posted on behalf of Schmidt Kramer on July 09, 2012 in Car Accidents

In Trail v. Lesko, No. GD-10-017249 (C.P. Allegheny July 3, 2012) Judge Wettick in the Court of Common Pleas in Allegheny County denies both the Plaintiff’s and Defendant’s motions to access each other’s Facebook profiles. The Plaintiff’s request is denied because the initial dispute as to who was driving the at-fault vehicle is no longer at […]

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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

One of the best decisions I ever made was choosing Schmidt-Kramer as my personal injury representative. I was given Scott Cooper's name through a family member shortly after my accident in July of 2024. After contacting the Schmidt-Kramer office, Scott came out and visited me in the hospital the very next day. From the very beginning, he was compassionate, upfront, and honest. He ALWAYS responded to my calls, texts, and/or e-mails in a timely manner and kept me up to date on developments in my case. I am very pleased with the outcome and highly recommend this law firm.
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.

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