September 2015

There is no greater loss than the death of a loved one. Every state in the country has enacted a Wrongful Death Act to protect victims who die from the negligence of others. The Wrongful Death Act sets forth the type of damages that a loved one can recover in the event of death caused by another’s fault. Unfortunately, all states view damages recoverable from death differently. Some states allow more and some less.

If you believe that you may have a wrongful death case, please contact us immediately. You should insist on an autopsy if there is any dispute as to the cause of death, especially in medical malpractice cases. If the hospital refuses, you have the right to order a private autopsy.

The damages that are typically recoverable in the event of death are conscious pain and suffering, future lost wages to any living dependents, medical bills incurred prior to death, funeral benefits, and the loss of guidance, advice and companionship for the surviving heirs. Only a few states allow the survivors to recover mental anguish caused by the loss of a loved one.

Both Andy Rossetti and Lou DeVoto have handled many wrongful death cases in New Jersey and Pennsylvania. Please call us for a free consultation to discuss your case. In the meantime, if you would like to learn more about New Jersey’s Wrongful Death Act please go to our question and answer section or read Andy Rossetti’s article on wrongful death in New Jersey.

To learn more, click here to read the Wrongful Death FAQs

RECENT VERDICTS and SETTLEMENTS in WRONGFUL DEATH CASES

• $7.1 Million settlement for the wife and children of a man who was tragically killed when a tractor trailer driver crashed into the family car on the NJ Turnpike. Andy Rossetti represented the family. – One of the Top 20 Personal Injury Awards of the Year in New Jersey.
• $2,225,000 settlement paid by the City of Camden for deaths of three children who died as a result of a negligent police search after the children went missing. Andy Rossetti represented one of the families.

• $2.3 Million Jury Verdict by a Camden County Judge to a 29-year-old Sewell, New Jersey mother and her 5-year-old daughter for damages arising from the death of their husband/father. The wife was only 24 years old and pregnant with the couple’s first child when her husband was killed in a car crash. Another driver disregarded a stop sign and a red flashing light and collided into his van at 50 mph. Lou DeVoto represented the mom and her young daughter.  One of the Top Settlements of the year in New Jersey. 

• $1.85 Million settlement against the City of Camden for the family of a murder victim after the City negligently misplaced a 911 call and failed to respond to a violent crime in progress. Andy Rossetti represented the family.

• $1.5 Million medical malpractice settlement for the widow, of a 43 year old man, who died after being negligently treated by a doctor and nurse at a South Jersey hospital in January 1999. Lou DeVoto uncovered grave medication errors made by a nurse and pulmonologist at a South Jersey hospital which caused the death of the man.

• $— Confidential Medical Malpractice settlement against Hospital of University of Pennsylvania for wrongful discharge and death of patient leading to infection and death.  Lou DeVoto represented the family.

• $850,000 product liability settlement after Mediation for wrongful death caused by the combination of unstable furniture and a front heavy television.  Andy Rossetti handled the case that uncovered widespread industry knowledge of the problem.

• $950,000 medical malpractice settlement for our client who died from the failure of a rehabilitation hospital to position a feeding tube correctly resulting in a massive infection, sepsis and eventual organ failure.  The defendant’s denied liability claiming that the patient was compromised before the feeding tube mishap claiming that the incident was not the cause of the death.  Lou DeVoto represented the family.

• $900,000 settlement for the wrongful death of 75 year old women who was injured and died of a head injury after she tripped over negligently located parking bumpers in a South Jersey shopping center.  Lou DeVoto represented the family.

Brain and Spinal InjuriesTraumatic brain injury is defined as traumatically-induced physiological disruption of brain function usually manifested by any period of loss of consciousness, memory loss immediately before or after an accident, or any alteration and mental status or awareness. Each year, more than 1.5 million Americans sustain a traumatic brain injury (TBI). Brain injuries claim more than 50,000 lives per year and leave another 80,000 individuals with life-long disabilities.

The most common causes of brain injury in young and middle-aged Americans (ages 16-24) is trauma from motor vehicle accidents and falls. Despite the sheer numbers, TBI is still designated as a “silent epidemic.” For those who survive, brain injury is a life-altering event for the victim and their families. Serious physical, cognitive, emotional and behavioral impairments are a frequent result. In addition, the medical costs are staggering. Often the person with the brain injury is not even aware that they are different, instead attributing problems to daily life struggles. These problems include learning, remembering and organizing information.

ROSSETTI & DEVOTO, P.C. is a law firm experienced in representing persons with traumatic brain injuries. Mr. DeVoto was elected and served on the Board of Trustees of Bancroft NeuroHealth (a prestigious brain injury school located in Haddonfield, New Jersey) as well as Bancroft Brain Injury Services Corp. (Bancroft’s brain injury rehabilitation center). Rossetti & DeVoto works with some of the top neurologists, neuropsychiatrists, neuropsychologists, and vocational rehabilitation experts in the world. We understand the medicine as well as the treatment and rehabilitation needed to allow brain injured persons to return to our community and be effective and contributing members. If you’ve had the misfortune to have sustained a traumatic brain injury, call us now and let our experience work for you.

SPINAL CORD INJURIES

Spinal cord injuries (SCI) occur approximately 11,000 times per year in the United States and primarily affects young adults with most persons injuring their spinal cord between 16 and 38 years of age. Since 2000, a staggering 78 percent of all spinal cord injuries occur in young males. The lifetime medical care costs are staggering as is the resulting physical and emotional disability left for the injured person and their families. Motor vehicle crashes are the primary cause of SCI in the United States, followed by falls and diving accidents.

ROSSETTI & DEVOTO, P.C. is an experienced law firm that has represented people with spinal cord injuries in New Jersey and Pennsylvania for many years with excellent results. Read about Mr. Rossetti’s $5.5 million jury verdict in Camden County for a man who was partially paralyzed by a defective General Motors seatbelt and his $2.5 million settlement in Burlington County for a woman who was partially paralyzed from a car crash that was caused by a defective vehicle.

If you have suffered from any spinal cord injury including quadriplegia, paraplegia, incomplete paraplegia, hemiplegia or motor dysfunction call ROSSETTI & DEVOTO, P.C. and let our law firm talk to you about your case and how we can help.

RECENT SETTLEMENTS and VERDICTS in  BRAIN INJURY and SPINE TRAUMA CASES

• $5.5 Million Jury Verdict against General Motors. Harold Tucker, 69-year-old Salem man, was paralyzed from the chest down in a car crash. His attorneys argued that a defective seat belt was the cause of his injuries. The jury agreed and ordered General Motors to pay $5.5 million in damages. Andy Rossetti represented Mr. Tucker.

• Over $4 Million Jury Verdict against Toyota awarded by a jury for the plaintiff who has been disabled due to a poorly designed seat belt in a Toyota pick-up truck. Andy Rossetti assisted in representing the injured plaintiff.

• $3.5 Million settlement obtained on behalf of our client who was scalped by a workplace conveyor.  Andy Rossetti represented the plaintiff who had devastating and debilitating injuries.

• $2.75 Million settlement obtained on behalf of our client who was severely injured by a defectively designed delivery van. Andy Rossetti handled this complex products liability case resulting in brain injuries and life-long problems for RD’s client.

• $2.5 Million settlement several construction companies and a machine manufacturer paid $2.5 million to the worker for injuries he sustained on a construction site. He lost his leg and his vision in one eye after an unstable machine was allowed onto a job site and was assigned for use by the general contractor in an area for which it was not intended. Andy Rossetti represented the injured worker.

• $1.8 Million settlement for Texas truck driver who suffered mild brain injuries in New Jersey in Turnpike crash. The case was settled after three days of trial in Middlesex County, New Jersey.  Lou DeVoto handled the case for R&D.
• $1.6 Million settlement against Chrysler for the combination of a defective seat belt and reclining seat that caused spinal cord injury to teenager who reclined her front passenger seat and was injured by the seat belt that severed her neck and part of her spinal cord as she moved forward on impact.  Andy Rossetti handled the case.
• $1.5 Million Jury Verdict against Cumberland County for dangerous road conditions that caused severe injuries to our client when he crashed going over the roadway on his motorcycle. County had been out to repair the road 50 times prior to the crash without successfully correcting the hazardous condition. Lou DeVoto represented the plaintiff and tried the case for the firm. 
• $900,000 settlement at Mediation for 59 year old women injured in car crash causing traumatic brain injury and post-concussive syndrome.  Lou DeVoto handled the case. The Mediator was Retired Superior Court Judge Mark Epstein. 
• $900,000 settlement for mild brain injury sustained by a fifty two year old British citizen who was visiting friends in the USA when he was involved in a serious car crash.  Lou DeVoto represented the plaintiff. 
• $900,000 settlement for the wrongful death of 75 year old women who was injured and died of a head injury after she tripped over negligently located parking bumpers in a South Jersey shopping center.  Lou DeVoto represented our client.
• $802,500 settlement for fall at Construction Site that caused a brain injury. Plaintiff’s employer paid the settlement in addition to paying all past and future workers’ compensation benefits.  Lou DeVoto represented RD’s client. 

Having your loved one admitted to a nursing home is a difficult and painful decision. But nothing is more painful than Nursing Home Neglect and Abuse.  Substandard care often results in serious and painful injuries or death.  Rossetti & DeVoto, P.C.  will uncover the real facts regarding the nursing and medical treatment that your loved one received or failed to receive and will aggressively pursue nursing homes and asisted living facilities that neglect and abuse its residents. 

Nursing homes and long-term care facilities that receive federal funds must comply with certain federal regulations and laws. These regulations and laws set out in detail the type and quality of care that residents in these facilities must receive. Due to the many reports of nursing home abuse and neglect that surfaced in the 1980s, Congress enacted legislation that requires nursing homes to comply with standards for the care of their residents. These laws are contained in the Omnibus Budget Reconciliation Act of 1987 (better known as OBRA). New Jersey has adopted OBRA in its entirety and requires its nursing homes to meet the same rigid standards that the federal law requires.

The Act requires nursing homes or long-term care facilities to provide services and care “to attain or maintain the highest practicable physical, mental and psychosocial wellbeing of each resident” and this care must be given based on written documentation for each resident, known as an individualized care plan.

There are a variety of reasons why a nursing home resident might receive substandard care and why these residents fall below the nursing home’s radar screen. Here are some examples of frequent injuries sustained by residents in nursing homes:

• Bedsores
• Dehydration and Lack of Proper Nutrition
• Falls
• Physical and Mental Abuse
• Wandering
• Wrongful Death

Rossetti & DeVoto, P.C. has successfully prosecuted cases against nursing homes, assisted living facilities and group homes to hold them accountable for their actions. Nursing Home’s are notoriously understaffed which leads to many of the problems. Our investigation will be swift and thorough.  We will obtain all of the facilities treatment records including those that are required to be filed with the State.  In addition, we will obtain all of the prior State Inspection Reports showing the past history of the nursing home.  Once a lawsuit is initiated, we will take statements under oath of the responsible parties including the nursing home administrator, director of nursing, nurses and nurses aides.  When you hire us, you will get answers. 

Here are some things you can do right away:

1. Make a note of any witnesses to the incident and get their addresses.
2. Find out the name of the roommate that your loved one had at the time and get that person’s address.
3. Take photographs of your loved one.

If you have additional questions, please go to our question and answer section on nursing homes for further information or contact us and we would be happy to discuss your case at no obligation.

Here are a few examples of RD’s ability to hold nursing home and assisted living facilities accountable for neglect and abuse:

RECENT SETTLEMENTS IN NURSING HOME CASES

• $500,000 Nursing Home Settlement for women who sustained fractured hip, loss of mobility and bed sores following a fall at a dialysis center. Lou DeVoto handled the case with Michael Ringold, Esquire.  The case was Mediated by Retired Judge Jack Lintner.
• $450,000 for nursing home neglect for an 85 year old who died from the effects of painful bed sores at a local nursing home. Lou DeVoto handled the case.  The case was mediated by Retired Judge Neil Shuster.
• $400,000 for 78 year old man who suffered from severe injuries at a local Nursing Home caused by pressure sores that developed from a poorly fitted foot brace. Lou DeVoto handled the case.  The case was Mediated by Retired Judge Anthony Gibson.
• $325,000 settlement against an assisted living facility for 87 year old women who sustained a pelvic fracture after being knocked down inadvertantly by a worker.  Plaintiff’s contended that the loss of mobility due to the hip fracture resulted in the eventual death.  Andy Rossetti represented the family.
• $300,000 nursing home settlement for 89 year old whose death was caused by repeated falls at the nursing home resulting in fractured hip, immobility and pneumonia.  Lou DeVoto handled the case for RD. 
• $225,000 settlement for wrongful death of elderly women neglected by nursing home leading to her accelerated death shortly after she arrived at the facility.  Lou DeVoto handled the case for RD
• $225,000 medical malpractice settlement against a Rehabilitation Hospital that failed to assist patient causing a fall and a re-fracture of an ankle necessitating another surgery.  Lou DeVoto represented RD’s client.
• $215,000 against nursing home for our 85 year old client who fell and sustained a hip fracture.  Lou DeVoto represented the women.

Louis J. DeVoto is certified as a civil trial attorney by the New Jersey Supreme Court and the National Board of Trial Advocacy.  He was selected by his peers as President of the Trial Attorneys of New Jersey in 2007.  In 2011, Lou received the “Professional Lawyer of the Year Award” by the New Jersey Commission on Professionalism in the Law. 

Lou has extensive jury trial and appellate experience.  His practice is made up of 100% plaintiff’s personal injury litigation and his verdicts and settlements have appeared in the New Jersey Law Journal’s top verdicts edition on multiple occasions. Lou has written numerous legal articles for national legal publications and is a frequent lecturer at civil case law  seminars for New Jersey’s Institute for Continuing Education. He is an active member of the Burlington and Camden County Bar Associations and the American Association of Justice-NJ.

The New Jersey Law Journal recognized Mr. DeVoto in 2002 as one of the top 40 attorneys in the State under the age of 40. Martindale Hubbel has awarded him with its AV rating, the highest achievable for legal skill and ethics. Lou has also argued several high profile cases in the New Jersey Supreme Court.  He was selected by his peers for inclusion in The Best Lawyers in America, a publication widely regarded by the legal profession and public as a definitive guide to legal excellence in the United States.  Mr. DeVoto has been recognized as a New Jersey Super Lawyer for thirteen consecutive years and has also been consistently named to SJ Magazine’s Top Attorneys.

Lou is licensed to practice in the U.S. Supreme Court and all Federal and State Courts in New Jersey and Pennsylvania.  He resides with his wife and three children.

View the Resume of Louis J. DeVoto, Esq.
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We are proud of our track record and our tradition of excellence on behalf of our clients. Courtroom presentations based on innovation, creativity and preparation are the keys to our success in achieving verdicts and settlements for those we represent. We take great pride in knowing that we have won hundreds of millions on behalf of our clients and have obtained more than 30 settlements and verdicts of one million dollars or greater. The following represents some of our recent successes:

•  $7.5 Billion settlement was awarded for the citizens of New Jersey against the Tobacco Industry. The suit sought to recover billions of dollars that the state and its taxpayers paid through the Medicaid program for health care costs attributable to smoking related illnesses. Lou DeVoto did extensive work on this landmark settlement, along with six other law firms and the State Attorney General.
• $7.1 Million settlement for the wife and children of a man who was tragically killed when a tractor trailer driver crashed into the family car on the NJ Turnpike. Andy Rossetti represented the family. Click here to read the published article of the settlement – One of the Top 20 Personal Injury Awards of the Year
• $— Confidential settlement for a birth injury caused by medical malpractice.
• $5.5 Million Jury Verdict against General Motors.  Harold Tucker, 69-year-old Salem man, was paralyzed from the chest down in a car crash. His attorneys argued that a defective seat belt was the cause of his injuries. The jury agreed and ordered General Motors to pay $5.5 million in damages. Andy Rossetti represented Mr. Tucker.
• $— Confidential settlement against limousine company that failed to prevent one passenger from beating another despite having opportunity to stop or seek help.
• Over $4 Million awarded by a jury for the plaintiff who has been disabled due to a poorly designed seat belt in a Toyota pick-up truck. Andy Rossetti assisted in representing the injured plaintiff.
• $3.5 Million settlement obtained on behalf of our client who was scalped by a workplace conveyor.  Andy Rossetti represented the plaintiff who had devasting and debilitating injuries.
• $2.75 Million settlement obtained on behalf of our client who was severely injured by a defectively designed delivery van.  Andy Rossetti handled this complex products liability case resulting in brain injuries and life long problems for RD’s client.
• $2.65 Million settlement for Industrial Explosion. Three prominent law firms all turned case down. A Camden City resident will receive $2,650,000.00 in settlement of claims arising out of an industrial explosion. Our client was 44 years old at the time when he was injured during the work place explosion. Lou DeVoto handled this catastrophic, high risk case.
• $2.5 Million settlement several construction companies and a machine manufacturer paid $2.5 million to the worker for injuries he sustained on a construction site. He lost his leg and his vision in one eye after an unstable machine was allowed onto a job site and was assigned for use by the general contractor in an area for which it was not intended. Andy Rossetti represented the injured worker.
• $— Confidential settlement for psychiatric malpractice that caused a patient to become delusional and kill an innocent child.
• $2.3 Million Jury Verdict by a Camden County Judge to a 29-year-old Sewell, New Jersey mother and her 5-year-old daughter for damages arising from the death of their husband/father. The wife was only 24 years old and pregnant with the couple’s first child when her husband was killed in a car crash. Another driver disregarded a stop sign and a red flashing light and collided into his van at 50 mph. Lou DeVoto represented the mom and her young daughter. Click here to read the published article of the settlement
• $2,225,000 settlement paid by the City of Camden for deaths of three children who died as a result of a negligent police search after the children went missing.  Andy Rossetti represented one of the families.
• $1.9 Million settlement for the wrongful death of a 16 year old autistic student that occurred at a public school swimming pool where overwhelming evidence demonstrated that the lifeguards failed to adhere to school policies and Red Cross lifeguarding standards all of which led to the tragedy.  Lou DeVoto represented the family. 
• $1.85 Million settlement for severe leg fracture in 62 year old client injured in an automobile crash.  Lou DeVoto handled the case for RD.
• $1.8 Million settlement for Texas truck driver who suffered mild brain injuries in New Jersey in Turnpike crash.  The case was settled after three days of trial in Middlesex County, New Jersey.  Lou DeVoto handled the case for R&D.
• $1.8 Million settlement for the victim, a pedestrian injured while crossing a major intersection. Lou DeVoto assisted in representing the family.
• $1.85 Million settlement against the City of Camden for the family of a murder victim after the City negligently misplaced a 911 call and failed to respond to a violent crime in progress.  Andy Rossetti reprsented the family.
• $1.7 Million settlement for anesthesiological malpractice after the anesthesiologist incorrectly inserted a tube in the plaintiff’s esophagus when the plaintiff has a pre-exiting artificial opening in the neck from a previous laryngectomy, thirty years before. Andy Rossetti represented the family.
• $1.6 Million Jury Verdict from a Gloucester County jury to a Woodbury Heights boy who lost most of his left hand in a 1995 fireworks explosion. The jury award included $372,590 for future medical bills, $300,000 for future lost wages and $927,410 for pain and suffering. Lou DeVoto represented the young boy and his mother. Click here to read the published article of the settlement
• $1.6 Million Products Liability settlement for a 24 year old woman severely injured while riding in a reclined position in her vehicle. Andrew J. Rossetti brought national attention to the hidden dangers of reclining seats in a case against Chrysler.
• $1.5 Million Paid by State of New Jersey during trial to Injured Motorcyclist.  The State of New Jersey paid $1.5 million to a motorcyclist injured in a crash with a State Trooper. The settlement occurred after three days of trial before the Honorable Martin Herman, JSC in Cumberland County.  Lou DeVoto represented the plaintiff. Click here to read the full details.
• $1.5 Million Jury Verdict against Cumberland County for dangerous road conditions that caused severe injuries to our client when he crashed going over the roadway on his motorcycle.  County had been out to repair the road 50 times prior to the crash without successfully correcting the hazardous condition.  Lou DeVoto represented the plaintiff and tried the case for the firm. 
• $1.5 Million medical malpractice settlement for the widow, of a 43 year old man, who died after being negligently treated by a doctor and nurse at a south jersey hospital in January 1999. Lou DeVoto uncovered grave medication errors made by a nurse and pulmonologist at a south jersey hospital which caused the death of the man. Click here to read the published article of the settlement
• $1,500,000 settlement for a man who was severely injured in an industrial explosion when a manufacturer of a  regulator failed to warn users of the dangerous nature of its product. Andy Rossetti represented the injured man.
• $1.4 Million settlement for a 38-year-old Mays Landing laborer severely injured on a construction site in South Jersey. Andy Rossetti represented the man.
• $1.4 Million jury verdict for the family of a man killed in a gasoline tanker explosion. Andy Rossetti and Lou DeVoto assisted in representing the family.
• $1.35 Million settlement for a 24-year-old Bridgeton man whose hand was amputated in a defective vegetable-processing machine. Lou DeVoto represented the young man. Click here to read the published article of the settlement
• $1.2 Million out-of-court settlement paid by various companies to the plaintiff, who contracted leukemia from exposure to a workplace chemical. Lou DeVoto assisted in the representation of the young women.
• $1,300,000.00 settlement for a machinist in Millville, New Jersey, who was assigned to “upkeep” on a glass bottle manufacturing machine and as he was changing a neck ring his shirt became engulfed in flames when it came in contact with the 1500 degree bottles that are moved by conveyor.  
• $1.15 Million settlement for a 43 year old worker who lost part of his hand in a poorly guarded industrial machine. Lou DeVoto assisted in the representation.
• $1,287,500 settlement paid by Rita’s Water Ice to the woman whose leg was amputated after being struck by a car while waiting in line for Water Ice. The company has since installed barrier poles to prevent cars from striking pedestrians. Lou DeVoto represented the women and her family.
• $1,020,000 settlement for wrongful death case that resulted from a defectively designed and manufactured go-cart.  Andy Rossetti represented the family.
• $— Confidential Medical Malpractice settlement against Hospital of University of Pennsylvania for wrongful discharge of patient leading to infection and death.  Lou DeVoto represented the family.
• $— Confidential settlement against foreign resort for our client who was vacationing in Jamaica after resort shuttle bus made left turn into on-coming traffic causing fractured back.
• $950,000 medical malpractice settlement for our client who died from the failure of a rehabilitation hospital to position a feeding tube correctly resulting in a massive infection, sepsis and eventual organ failure.  The defendant’s denied liability claiming that the patient was compromised before the feeding tube mishap claiming that the incident was not the cause of the death.  Lou DeVoto represented the family.
• $945,000 settlement for women injured by a defective workplace machine causing amputation to her thumb.  The case, brought in Federal Court, was handled by Andy Rossetti.
• $900,000 settlement at Mediation for 59 year old women injured in car crash causing traumatic brain injury and post-concussive syndrome.  Lou DeVoto handled the case.  The Mediator was Retired Superior Court Judge Mark Epstein. 
• $900,000 settlement at Mediation for man who sustained severe leg injury in motorcycle crash requiring surgeries and hardware.  Andy Rossetti represented RD’s client.  Retired Judge Tom Wallitsch presided at the Mediation.
• $900,000 settlement for the wrongful death of 75 year old women who was injured and died of a head injury after she tripped over negligently located parking bumpers in a South Jersey shopping center.
• $900,000 settlement for mild brain injury sustained by a fifty two year old British citizen who was visiting friends in the USA when he was involved in a serious car crash. Lou DeVoto represented the injured man.
• $900,000 settlement for a man who suffered amputations of his fingers when a punch press machine malfunctioned. .  The recovery was limited by the lack of insurance coverage.  Lou DeVoto represented the man.
• $900,000 settlement for crash victim left with a displaced tibia and fibula fracture of the leg that required surgery and wound care for massive infection.  Andy Rossetti handled the case.
• $850,000 product liability settlement after Mediation for wrongful death caused by the combination of unstable furniture and a front heavy television.  Andy Rossetti handled the case that uncovered widespread industry knowedge of the problem.
• $850,000 Arbitration verdict for 58 year old man injured in a truck crash at work causing 5 surgeries to his shoulder.  Lou DeVoto handled the case for RD.  The Arbitration was presided over by Retired Superior Court Assignment Judge, Jack Sweeney.
• $802,500 settlement for construction fall on a job site that caused a brain injury.   Plaintiff’s employer paid the settlement in addition to paying all past and future workers’ compensation benefits.  Lou DeVoto handled the case for RD.
• $800,000 product liability settlement for a man who was killed when his truck caught fire after an impact with a tree.  Andy Rossetti handled this complex Product Liability case.
• $800,000 settlement for a 32-year-old Vineland man whose hand was severely burned in a glass making machine. Andy Rossetti represented this hardworking family man.
• $800,000 for a man injured in the workplace by a defective machine.  Andy Rossetti reresented the plaintiff.
• $750,000 jury verdict in Camden County for surgical errors during c-section.  There was no offer in the case.  Andy Rossetti and Anthony Medori represented RD’s client.
• $750,000 settlement for a 35-year-old Paulsboro man whose leg was amputated below the knee in a heavy equipment accident. Lou DeVoto represented the gentlemen.
• $750,000 settlement for a women whose hand was partially amputated in a meat grinder while working. Andy Rossetti represented the young lady.
• $775,000 settlement reached after one week of trial for a boy injured by a defective bicycle. Lou DeVoto represented the boy and his mother.
• $750,000 settlement for the family of a man killed in a car accident. Lou DeVoto represented the wife and daughter (who went on to become a lawyer) in this tragic accident.
• $700,000 for our client after she was injured in a car crash.  She required a lumbar fusion surgery.
• $675,000 for our client who fractured her pelvis in a car crash on the Delaware Memorial Bridge.  The case was resolved after mediation with retired Judge Michael Brooke Fisher.
• $650,000 settlement for fractures to our client’s arm and hand in a car crash.  Client underwent multiple surgeries to correct the injuries and had limitations in function after the surgeries.
• $625,000 settlement for 65 year old women who fractured her hip in a fall on defective steps in her new home.  Lou DeVoto handled the case.
• $625,000 settlement for New York client who fractured his pelvis in New Jersey Turnpike crash.
• $600,000 settlement for the wrongful death of a Vietnamese immigrant who was killed when he was crushed by a roll of steel. The steel mill failed to incorporate OSHA safety practices into its handling of steel. Lou DeVoto handled the case.
• $550,000 settlement for boy struck by car while crossing street for a school bus.  Bus company responsible for negligent bus routing.
• $550,000 settlement for injuries sustained by construction worker in a trench collapse on residential home site.
• $550,000 settlement for injuries sustained by our client in a car crash.
• $525,000 Jury Verdict against LA Fitness for failing to properly train a member who paid for separate fitness training services.  The member sustained a torn labrum in her shoulder and required surgery to correct the condition after her fitness trainer gave her an inappropriate exercise that caused injury to the shoulder.  Burlington County.
• $500,000 Nursing Home Settlement for women who sustained fractured hip, loss of mobility and bed sores following a fall at a dialysis center.  Lou DeVoto handled the case with Michael Ringold, Esquire.  The case was mediated by Retired Judge Jack Lintner.
• $500,000 Settlement for 16 year old who suffered large hematoma on the brain after being struck by a metal ladder on residential property.  The case was Mediated by Retired Judge Charles Previte.
• $500,000 Wrongful Death/Medical Malpractice settlement for a 21 year-old Rutgers student who died at North Jersey hospital after they failed to properly run a Code call.  The settlement reflects the fact that our client was a student and died without any dependents which in New Jersey severely limits allowable damages.  The settlement  also reflects the probability that a properly run code may not have saved her life.  Lou DeVoto handled the case with Ohio co-counsel James Kelley, III.  Trial was underway for several weeks in Essex County, New Jersey before a settlement was reached.
• $500,000 settlement against a local tavern for serving an underage and intoxicated patron who crashed her vehicle resulting in her needless death. 
• $500,000 settlement for a 17 year old boy who was injured at birth by a doctor who mismanaged his delivery. Lou DeVoto represented the injured minor and his mother. Click here to read the published article of the settlement
• $500,000 settlement for a man whose Hepatitis C infection was misdiagnosed for seven years before the proper referral was made to a hepatologist. Lou DeVoto represented the man. Click here to read the published article of the settlement
• $486,000 Jury Verdict for a 35 year old Millville resident for injuries she sustained in a car accident. View Details Of Verdict
• $475,000 settlement for a Portuguese immigrant who suffered a compound fracture of two bones in his arm and a torn rotator cuff after falling 25 feet in a construction fall from an unguarded work platform that violated OSHA guidelines. Lou DeVoto handled this case against Orleans Home Builders.
• $471,589 Jury Verdict – Negligent use of excessive force – defendant tavern’s Manager/Bouncer causes spiral fracture and nerve damage to independent contractor go-go dancer when breaking up altercation started by other go-go dancer – failure to prevent other hostilities from escalating into physical assault by other dancer. Mr. Rossetti represented the dancer.
• $470,000 settlement for our client who was injured while working for a sanitation services company causing fractured pelvis.
• $460,000 settlement paid by Winslow Board of Education for failure to properly cancel a scrimmage to our 21 year old client for orthopedic injuries and facial scars she received in a car crash after she and three car-loads of high school lacrosse players left school on a mad dash to pick-up their uniforms for a surprise scrimmage that was taking place shortly after school. Lou DeVoto, who handled the case.
• $450,000 for nursing home neglect for an 85 year old who died from the effects of painful bed sores at a local nursing home.
• $450,000 medical malpractice settlement for the failure to diagnose a heart attack.  This settlement came during jury deliberations. Andrew Rossetti represented the widow. Click here to read the published article of the settlement
• $440,000 for injuries sustained by our client who was killed by the negligence of a drunk driver.  The settlement reflects the fact that there was insufficient insurance to pay for our clients injuries and those of the others in the car.
• $436,500 recovery for construction worker poisoned by carbon monoxide on poorly ventilated jobsite.  GC held responsible.
• $425,000 settlement for a man who was injured in car crash rollover sustaining surgery to his neck.
• $400,000 jury verdict in Philadelphia for women who suffered non-displaced fractures to her right heel and mid back in a car wreck.  Lou DeVoto tried the case for RD in August 2014.
• $400,000 medical malpractice settlement for negligent angioplasty procedure that caused a death to our client who was 67.  The settlement takes into account that our client was at higher risk for the procedure and had other health related problems that would have likely shortened his life.  Lou DeVoto represented the family.
• $400,000 for 78 year old man who suffered from severe injuries at a local Nursing Home caused by pressure sores that developed from a poorly fitted foot brace.
• $400,000 settlement for three Mexican immigrants injured when a bus crossed the center line and struck their van head-on. The most seriously injured client sustained a fractured pelvis.
• $400,000 settlement for a man who sustained a crush injury to his foot when the liftgate to his truck malfunctioned. It was determined that the maintenance company put the wrong part on the liftgate three weeks earlier during a routine service. Lou DeVoto handled the case for our client.
• $400,000 settlement for man who suffered severe hand injury on defective workplace machine.  Recovery was obtained against employer under the intentional acts exclusion of worker’s compensation bar making this case a rare exception to the normal rule that you cannot sue your employer and recovery is limited to Worker’s compensation only.  Andy Rossetti handled the case.
• $375,000 medical malpractice settlement for negligent obstetrical care.
• $350,000 for a doctor who fell on ice and snow outside a condominium complex.
• $327,000 Jury Verdict in motorcycle crash. A Camden County jury split liability 65% to 35% in favor of our client who was injured when his motorcycle crashed into the side of a car that was turning left.  Andy Rossetti tried the case for R&D.
• $315,000 against Spirit Air for defective floor that caused foot injury and our client’s RSD.
• $310,000 settlement against nursing home and its employee that negligently opened door into 88 year old resident causing fractured hip and her eventual death. 
• $305,000 for fractured Talus after client trips on improperly placed landscape netting.  Lou DeVoto represented RD’s client.
• $300,000 settlement against Group Home for the family of a severely, developmentally disabled man that died after choking on a latex glove that was negligently left within his reach. 
• $300,000 nursing home settlement for 89 year old whose death was caused by repeated falls at the nursing home resulting in fractured hip, immobility and pnemonia.  Lou DeVoto handled the case for RD.
• $300,000 settlement for a Portuguese immigrant who fractured his hip after falling 20 feet from an unguarded floor of a construction site. The unguarded sides of the floor deck violated OSHA guidelines. Lou DeVoto represented our client.
• $300,000 medical malpractice settlement for psychiatric negligence.  Andy Rossetti handle the case.
• $250,000 for herniated disk for our client injured in a car crash.
• $275.000 for our client who had neck and back injuries after a defective staircase crashed to the ground.
• $275,000 settlement for Pennsylvania man injured in a motorcycle crash by a car that pulled directly into his lane of travel. The injuries were devastating but defendant did not have adequate insurance or assets to pay for the damage the caused.
• $262,500 settlement for school student who sustained an eye injury as fellow student negligenty exited bus.
• $250,000 jury verdict in Gloucester County for surgical errors during gallbladder surgery leading to surgical reconstruction to correct the condition.  Lou DeVoto handled the case.
• $250,000 settlement for wrongful death of prison inmate that committed suicide as a result of being denied medications.
• $250,000 settlement for fractured ankle with surgery and repeated infections after a car crash in Atco, New Jersey.  Recovery was limited by insurance policy limits of $250,000.
• $245,000 for displaced tibia fracture requiring surgery in 70 year old women after outside deck collapses.
• $240,000 Jury Verdict after third trial. An Essex County Jury awarded $240,000 to our client who was involved in a car crash in Essex Fells in 2002. Our client suffered several herniated disks in her neck that were admittedly present to some degree before the crash but had never given her any pain or disability until the accident. Attorney Lou DeVoto handled the case for R&D and is hopeful that this is the last time he will try the case.
• $240,000 settlement for fall at work resulting in a traumatic head injury in West Atlantic City, New Jersey.
• $240,000 settlement for 85 year old women for subdural hematoma caused by car crash.  Residual headaches and memory loss resolved approximately 6 months after crash. 
• $237,500 settlement for 67 year old man injured on his son’s property when son negligently operates chain saw and causes severe laceration to the left leg of his father.
• $230,000 settlement for a fractured ankle that needed surgery to correct.
• $225,000 settlement against Nursing Home for fractured hip with surgery caused by a fall from bed after repeated “call bells” for assistance to the bathroom were ignored by staff.  
• $225,000 settlement for wrongful death of elderly women in nursing home caused by bed sores.
• $225,000 settlement for wrongful death of elderly women neglected by nursing home leading to her accelerated death shortly after she arrived at the facility.  Lou DeVoto handled the case with Michael Ringold, Esquire.
• $225,000 settlement for neck injuries caused by car crash requiring surgery in 45 year old client. 
• $225,000 settlement against major bed retailer for delivery negligence causing frctured hip in 75 year old man.
• $225,000 settlement for Indian immigrant who was killed on the NJ turnpike when a truck crashed into him while he was pushing his disabled car off the roadway.
• $225,000 settlement for our client who contracted RSD after a car crash. The value represents almost all of the defendants insurance. Lou DeVoto represented our client.
• $225,000 medical malpractice settlement against a Rehabilitation Hospital that failed to assist patient causing a fall and a re-fracture of an ankle necessitating another surgery.
• $220,000 settlement for Acme warehouse employee injured by defective dock plate. 
• $215,000 settlement for displaced tibia fracture with surgery caused by car striking our client who was a pedestrian crossing an intersection. 
• $215,000 against nursing home for our 85 year old client who fell and sustained a hip fracture.
• $210,000 for neck injuries requiring surgical fusion in 45 year old man injured in car wreck.
• $210,000 Jury Verdict in Burlington County for a women who herniated a disk in her neck after car crash.  The condition was pre-existing but never caused severe pain and did not require surgery until after the crash.
• $200,000 settlement for a 60 year old women who fractured her wrist and hip in a fall on a defective sidewalk in Woodbury. 
• $200,000 recovery for the Estate of a man that committed suicide shortly after being released from a crisis center. 
• $200,000 settlement for a women injured in car crash after defective airbag deployment.   
• $200,000 medical malpractice Jury Verdict for an anesthesia mistake that injured the plaintiff. Mr. Rossetti represented the man and his family.
• $190,000 settlement for a truck driver that slipped on ice at a Sports Authority warehouse when exiting his delivery truck.  Recovery was against landlord for not treating the ice in a timely manner.
• $175,000 Jury Verdict in Burlington County for car crash injuries for a man who was injured in a car crash that occurred in Mt. Laurel in 2005.
• $180,000 settlement for injured worker who sustained cervical herniated disk and shoulder injury causing numbness in several fingers on his right hand. 
• $175,000 for neck injury caused by low-impact rear-end car crash resulting in surgery.
• $165,000 for cervical fracture with surgery after man falls down defective stairs at rental unit.  Stairs violated code requirements and were dangerous.  Excellent surgical recovery and return to work. 
• $160,000 for client injured when a car struck her as she walked across a parking lot causing arm injuries and an elbow surgery.
• $150,000 Jury Verdict in Medical Malpractice case against a South Jersey Hospital for failure to diagnose appendicitis causing unnecessary surgery and increased harm to the colon.  RD’s client was negligently discharged from the emergency room.  Lou DeVoto handled the case for RD.
• $150,000 for RD’s client who fell on untreated ice on sidewalk of apartment complex in Camden County.  Injury required surgery to correct dislocated knee cap.
• $150,000 for torn rotator cuff and tendon rupture by a private contractor unloading mail at the US Postal Service after delivery cart failed due to overloading by the Postal Service.
• $150,000 for a construction fall caused by a General Contractor’s failure to have the required safety equipment for his workers.
• $150,000 for slip and fall outside an Ocean City pharmacy.
• $150,000 for women’s fall at PATCO train station for failure to remove ice and snow resulting in a fractured ankle with surgery.
• $144,000 for two wrist fractures and surgery after falling outside an Ocean City Bed and Breakfast. Client has osteoporosis but did make a nice recovery and was 60 years old.
• $135,000 for women injured in Iowa by a tire that flew off a car and struck her car. Mild traumatic brain injury.
• $125,000 Medical Malpractice Jury Verdict for a women who had her small toe amputated after a podiatrist misdiagnosed an infection. Lou DeVoto represented the woman, who happened to be a nurse.  Click here to read the published article of the settlement
• $125,000 for a fractured leg after a fall at a nursing home.
• $120,000 Binding Arbitration Award for a man injured in a Pennsylvania car accident who sustained torn knee meniscus and had two arthroscopic surgeries.
• $108,000 Binding Arbitration award for a fractured ankle caused by faulty steps at a local tavern.
• $100,000 for knee injury caused by McDonald’s failure to remove snow and ice from its walkway.
• $100,000 Nursing Home settlement for our client who suffered from painful bed sores at a local nursing home.
• $100,000 for RD client who fractured his tibia and fibula in a fall on defective steps in a private home in Vineland.
• $100,000 for young girl that sustained multiple fractures after being struck by a car while crossing the street to get to her school bus stop. 
• $100,000 for orthopedic injuries sustained in an automobile crash in Egg Harbor Township.

These verdicts and settlements are actual cases that were handled by our law firm or in which Mr. Rossetti and DeVoto handled at their predecessor law firm.  Each case is different. The facts, the law, the age of the injured person, the severity of the injury, the makeup of the jury, the rulings of the judge, are some of the factors that make each case different. The cases listed here are not a guarantee that if you have a similar claim, you will get a similar result. There are too many variable factors as we’ve listed. We’ll try our best in each of your cases to maximize your settlement or jury verdict.

Medical malpractice can change your life in an instant and it is a bigger problem than people want to admit. Approximately 80,000 people die in the United States each year from medical malpractice according to a 1990 Harvard Medical Practice Study. A more recent study showed that number to be closer to 98,000. Even more disturbing, these studies do not even include malpractice occurring outside of hospitals. Yet only one malpractice claim is brought for every eight medical malpractice injuries reflecting a lack of proper representation by an attorney skilled in medical malpractice lawsuits.

We have successfully represented persons injured by negligent doctors, nurses, technicians and hospitals who have provided negligent health care. Some of these cases include:

• Birth injuries
• Surgical errors
• Delays in diagnosis of cancer
• Failuer to diagnose and treat infections
• Emergency room errors
• Failure to diagnose heart attacks
• Laproscopic surgical errors
• Ob-Gyn malpractice
• Medication errors
• Lasik surgical errors

If you think you have been a victim of medical malpractice, call us now to discuss your case at no obligation. You can also visit our Frequently Asked Questions to learn more about your potential case.  To learn more, click here to read the Medical Malpractice FAQs.

RECENT SETTLEMENTS AND VERDICTS IN MEDICAL and NURSING MALPRACTICE

•    $1.7 Million settlement for anaesthesia malpractice after the anaesthesiologist incorrectly inserted a tube in the plaintiff’s esophagus when the plaintiff has a pre-existing artificial opening in the neck from a previous laryngectomy, thirty years before. Andy Rossetti represented the family.
•    $1.5 Million medical malpractice settlement for the widow, of a 43 year old man, who died after being negligently treated by a doctor and nurse at a South Jersey hospital. Lou DeVoto uncovered grave medication errors made that caused the death.
• $— Confidential settlement for a birth injury caused by medical malpractice.  Lou DeVoto represented the family.
• $— Confidential Medical Malpractice settlement against Hospital of University of Pennsylvania for wrongful discharge of patient leading to infection and death.  Lou DeVoto represented the family.
• $950,000 medical malpractice settlement for our client who died from the failure of a rehabilitation hospital to position a feeding tube correctly resulting in a massive infection, sepsis and eventual organ failure.  The defendant’s denied liability claiming that the patient was compromised before the feeding tube mishap claiming that the incident was not the cause of the death.  Lou DeVoto represented the family.
• $750,000 jury verdict in Camden County for surgical errors during c-section. There was no offer in the case. Andy Rossetti and Anthony Medori represented RD’s client.
• $500,000 settlement for a 17 year old boy who was injured at birth by a doctor who mismanaged his delivery. Lou DeVoto represented the injured minor and his mother
• $500,000 settlement for a man whose Hepatitis C infection was misdiagnosed for seven years before the proper referral was made to a hepatologist. Lou DeVoto represented the 60 year old man.
• $500,000 Wrongful Death/Medical Malpractice settlement for a 21 year-old Rutgers student who died at North Jersey hospital after they failed to properly run a Code call.  The settlement reflects the fact that our client was a student and died without any dependents which in New Jersey severely limits allowable damages.  The settlement also reflects the probability that a properly run code may not have saved her life.  Lou DeVoto handled the case with Ohio co-counsel James Kelley, III. Trial was underway for several weeks in Essex County, New Jersey before a settlement was reached.
• $400,000 medical malpractice settlement for negligent angioplasty procedure that caused a death to our client who was 67.  The settlement takes into account that our client was at higher risk for the procedure and had other health related problems that would have likely shortened his life.  Lou DeVoto represented the family.
• $450,000 medical malpractice settlement for the failure to diagnose a heart attack. This settlement came during jury deliberations. Andrew Rossetti represented the widow.

Medical Links To Help Check On Your Doctor

New Jersey Board of Medical Examiners:  Has your NJ doctor been disciplined? http://www.state.nj.us/lps/ca/bme/docdir.htm

State of New Jersey, Doctor Profile Report
http://12.150.185.184/dca/simple_search.jsp

View All Medical Links In Our Resource Library

Slip, trip and fall accidents are often caused by dangerous property conditions that create a trap for unsuspecting persons. Many times, these conditions can lead to serious and debilitating injuries, especially when the elderly are involved. Rossetti & DeVoto, P.C. has handled many fall cases involving business and restaurant owners, residential and commercial property owners, retail store owners, apartment complex owners and landlords.

These accidents can occur in many ways but the typical incidences usually happen from objects left carelessly laying in the walkway of the injured person; failure to remove snow and ice, construction defects in stairs, floors and ramps or when an unexpected hole develops on the walking surface. Our firm will promptly investigate these cases and preserve the key evidence before it disappears. Often times, a security camera will have captured your fall and we can file a motion with a judge to force defendants to save and preserve this key evidence before it disappears. Additionally, an engineering expert will often be utilized to show the defect in the property and to prove that the condition was unsafe.  Quick and decisive action is the key to  proving and winning these cases.

Here are a few things you can do immediately:

1. Fill out an incident report at the place where you fell.
2. Take pictures of the area where you fell as soon as possible.
3. Document by name, address and phone number any witnesses to your fall.
4. Find out if the place where you fell had a video camera/security camera operating.
5. Save your clothing and shoes.

RECENT SETTLEMENTS AND VERDICTS IN CASES INVOLVING UNSAFE AND DANGEROUS PREMISES

• $900,000 settlement for the wrongful death of 75 year old women who was injured and died of a head injury after she tripped over negligently located parking bumpers in a South Jersey shopping center. Lou DeVoto handled the case.
• $625,000 settlement for 65 year old women who fractured her hip in a fall on defective steps in her new home.  Lou DeVoto handled the case.
• $525,000 Jury Verdict against LA Fitness for failing to properly train a member who paid for separate fitness training services. The member sustained a torn labrum in her shoulder and required surgery to correct the condition after her fitness trainer gave her an inappropriate exercise that caused injury to the shoulder. Lou DeVoto represented RD’s client.
• $350,000 for a doctor who fell on ice and snow outside a condominium complex. Andy Rossetti represented the doctor.
• $305,000 for fractured Talus after client trips on improperly placed landscape netting.  Lou DeVoto represented RD’s client.
• $150,000 for RD’s client who fell on untreated ice on sidewalk of apartment complex in Camden County.  Injury required surgery to correct dislocated knee cap.
• $150,000 for torn rotator cuff and tendon rupture by a private contractor unloading mail at the US Postal Service after delivery cart failed due to overloading by the Postal Service.
• $150,000 for slip and fall outside an Ocean City pharmacy.
• $150,000 for women’s fall at PATCO train station for failure to remove ice and snow resulting in a fractured ankle with surgery.

If you have any additional questions, check out our question and answer section on slip and falls or contact us for a free consultation.

Melissa E. Mark is a 2014 graduate of Rutgers University Law School in Camden, New Jersey.  Prior to attending law school, Melissa studied Journalism at the University of Maryland where she excelled as a scholar athlete in track and field.  After college, Melissa worked as a paralegal at an estate planning law firm in New York.  Melissa is currently licensed to practice law in New Jersey and New York and concentrates her practice on personal injury law.  She was a past law clerk with Rossetti & DeVoto, PC and was a major contributor to some of the law firms biggest settlements during this past year. Melissa is an active member of the Burlington and Camden County Bar Associations, the Asian Pacific American Lawyers Association of New Jersey and the American Association for Justice.  An avid runner, Melissa resides in Philadelphia.

Anthony J. Medori is a graduate of Drexel University and Rutgers University School of Law.  Anthony concentrates his practice on personal injury law.  He was a past law clerk for Rossetti & DeVoto and has actively participated in some of the law firms most significant settlements and verdicts.  Anthony recently played a major role in three of the firms 2014 jury verdicts, including two medical malpractice cases in Camden and Cumberland Counties and a horrifying auotmobile crash case in Philadelphia County.  Anthony is an active member of the Burlington and Camden County Bar Associations and the American Association of Justice-NJ.  He is admitted to practice law in all State and Federal Courts of New Jersey and Pennsylvania.  Anthony is a life-long resident of South Jersey.

Negligent security lawsuits are brought by persons attacked, victimized or killed on someone else’s property. In many cases, the owner or entity responsible for supervising the property, knew or should have known of the danger but did little or nothing to prevent helpless persons from being attacked on the property.

ROSSETTI & DEVOTO, P.C. has handled negligent security cases against casino owners, train stations, landlords, business owners, apartment complexes, bars and taverns, and security companies. We have skilled investigators and highly-trained security experts who review reports, inspect corporate security manuals, obtain key crime statistical data for the property and take statements of key witnesses before they disappear. Our clients typically include rape and assault victims, passerby shot by drug dealers, tenants and apartment complexes, and patrons of businesses.

If you are attacked or assaulted on someone else’s property, call ROSSETTI & DEVOTO, P.C. Our law firm is experienced in negligent security law in both New Jersey and Pennsylvania.