Stroud & Harper, P.C. Laywers

Recent Verdicts and Settlements of Note

$23.6 Million Verdict for Clients of Stroud & Harper- Medical Malpractice (Failure to diagnose breast cancer)

Stroud & Harper in collaboration with Will Raiford of Merkel & Cocke of Clarksdale, MS and James B. Lees of Charleston, WV recently obtained a jury verdict in the total amount of $23,600,000.00 from a Shelby County, TN jury against Dr. Claudia Moise and her medical practice, OB-GYN Specialists, P.C. for Dr. Moise's negligence in failing to timely diagnose breast cancer in Mrs. Courtney Hill, who was 23 years old at the time.  For more information, click on the links below:

http://www.desototimes.com/articles/2009/07/11/news/doc4a57e1f7c468a532560529.txt

http://www.wmctv.com/global/category.asp?c=151146&clipId=&topVideoCatNo=15040&topVideoCatNoB=124083&topVideoCatNoC=105461&topVideoCatNoD=124506&topVideoCatNoE=124957&clipId=3953010&topVideoCatNo=15040&autoStart=true

Six Figure Settlement (Confidential)- Employment Discrimination/Americans with Disabilities Act

Client was terminated from her employment after returning from medical leave with a recognized disability. According to the company, the non-discriminatory reason for her termination was disruptive behavior. Plaintiff had been employed by Defendant for more than fourteen (14) years, was an exemplary employee, and had never received any formal discipline. A lawsuit was filed and the case was heavily litigated in the United States District Court for the Northern District of Mississippi for over a year. Prior to trial, Defendant made no offers of settlement. After two days of trial, the parties reached a confidential settlement.

 $325,000.00 (Policy Limits) Settlement – Wrongful Death

Client drowned in a neighborhood pool. Our initial investigation uncovered negligence on the part of the homeowner and the babysitter that was charged with the responsibility of watching the children playing in the backyard of the residence. Suit was filed and the case was settled for the homeowner’s policy limits in the amount of $300,000.00, with an additional $25,000.00 (policy limits) paid by the homeowner carrier for the babysitter.

$177,500.00 Settlement-Slip and Fall 

Client fell on a patch of "black ice" located on the walkway in front of the rental office of his apartment complex early one winter morning after paying his rent.  The fall resulted in a severe break to his left ankle and foot, which necessitated surgery to repair. The evidence in the case suggested that the ice was caused by a freezing of water from an overspray of the sprinkler heads in the flowerbeds adjacent to the walkway.   A lawsuit was brought against the apartment complex, the management company, and the landscape company responsible for installing and maintaining the sprinkler system for claims of negligence.  After several years of litigating the case, the parties settled for payment to the Plaintiff in the amount of $177,500.00. 

$165,000.00 Settlement – Slip and fall

Client fell on the marble entryway of her guestroom at a local casino. The fall caused her to suffer lower back injuries, including a ruptured disc. Prior to suit being filed the casino accepted no responsibility for the incident and offered nothing to compensate her for her injuries. Suit was filed and discovery in the case uncovered numerous other similar incidents, all of which had occurred within a short period of time. With this information in hand, the complaint was amended to allege punitive damages, and the case settled for $165,000.00. Client had approximately $13,000.00 in medical expenses.

$160,000.00 Settlement- Excessive Force/Police Misconduct Case

Client was arrested on charges of driving with a suspended licence, taken into custody, and held in a Mississippi county jail. During the booking process, client and the booking officer had a verbal disagreement which led to the client being returned to his holding cell. Shortly after the client returned to his cell, a jailer came into the client's cell, taunted him, and physically assaulted him with a baton. The jailer also used a TASER gun on client repeatedly, resulting in physical scarring on client's skin in approximately 11 different locations. After several years of protracted litigation, the county agreed to settle the case, inclusive of attorneys fees in the amount of $160,000.00.

$160,000.00 Settlement- Wrongful Death/Bystander claims

The firm represented a family of a man that was struck and killed in a crosswalk while taking his children to a school function. After filing suit, the insurance carrier for the responsbile party tendered its limits, including uninsured/underinsured motorist coverage limits.  In addition to these monies, the firm was able to obtain an addition $25K in uninsured/underinsured limits for the emotional distress suffered by the children present at the time of their father's injury.  

$150,000.00 Settlement- Inadequate Security Case

Client was injured as a result of an attempted purse snatching incident in the parking lot of a Kmart store location in Southaven, Mississippi during daylight hours. Client received abrasions to her legs and arms from being dragged across the parking lot by the assailant, and she received minor medical treatment at a local hospital for her injuries. She also underwent professional counseling due to emotional injuries resulting from the assault. A lawsuit was filed against Kmart Corporation in the U.S. District Court for the Northern District of Mississippi alleging that Kmart was negligent for failure to provide adequate security measures to protect its patrons that were shopping at this store location. It was discovered in the case that this particular Kmart store location was rated internally by the loss prevention department as a Level 5 store (highest risk level rating) and that Kmart had not undertaken to retain outside security services for the parking lot despite the store’s risk level rating. After almost three years of intense litigation, Kmart agreed to pay $150,000.00 to the Client for her injuries and emotional distress.

$150,000.00 Settlement - Automobile Accident

Client sustained injuries to her lower back as a result of a “hit and run” accident. Prior to filing suit, the client was in discussions with the insurance carrier for the owner of the vehicle. The representative for the insurance company advised the client that it was not necessary to file suit within the applicable statute of limitations and that they would “see that she was taken care of”. Feeling uneasy, the client came to Stroud & Harper, P.C. within days of the statute of limitations running and preserved her claim. Suit was filed and the responsible party’s insurance carrier was forced to pay policy limits of $25,000.00. Client was also able to recover an additional $125,000.00 from her own Underinsured Motorist insurance carrier, for a total settlement of $150,000.00.

$125,000.00 Settlement - Employment Discrimination/Retaliation case

Client was terminated from her employment for what the company described as a serious violation of company policy. Investigation into the company’s hiring and firing practices uncovered that male employees were routinely treated differently than their female counterparts. Male comparators received numerous warnings for “serious company policy violations” but were never terminated, while female employees were routinely terminated after committing a first offense. A lawsuit was filed and the case was heavily litigated for over a year before the company agreed to pay $125,000.00 to settle all claims.

$125,000.00 Settlement - Automobile Accident

Client sustained a severe fracture to her right leg from an automobile collision. She underwent surgery and intense physical therapy.

$105,000 Settlement - Automobile Accident

Client was involved in a rear end collision, which resulted in lower back injuries and surgery.

$103,000.00 Settlement - Automobile Accident

Client sustained injuries to her neck and lower back as a result of a rear end collision accident. Client underwent physical therapy, as well as one round of steroid injections to provide her with pain relief. The case settled for payment of policy limits from the responsible party’s insurance carrier, with the remaining monies coming from a complete exhaustion of all of Plaintiff’s underinsured motorist carrier’s coverage.

$102,500.00 Settlement – Automobile Accident

Client was rear-ended at an intersection in Tunica, Mississippi by an eighteen wheeler. Client incurred approximately $18,000.00 in medical expenses and underwent several nerve blocks in her neck to relieve pain associated with a bulging disc. Suit was filed and the case settled at mediation for $102,500.00.

$100,000 Settlement - Automobile Accident

Client was a passenger in a vehicle driven by her husband. While sitting at a red light waiting for the light to change, their vehicle was rear-ended by a drunk driver. The driver left the scene of the accident and was eventually apprehended by police. Client underwent treatment for neck and shoulder pain (including several rounds of steroid injections). After completing written discovery and taking the deposition of the drunk driver responsible for Plaintiff’s injuries, the case settled at mediation for $100,000.

$92,000.00 Settlement – Premises Liability

Client was dining at a local restaurant. When she stood up to leave the restaurant, the booth in which she was sitting tipped over, causing her to strike her knee on the bottom of the table top where she was seated. Suit was filed and early investigation discovered that the booth in which she was sitting was not properly secured to the floor. She incurred approximately $19,000 in medical bills (the amount of the related medical bills was heavily disputed, as client had undergone previous knee surgery). The case settled for $92,000.

$87,500.00 Settlement - Automobile Accident

While riding as a passenger in a vehicle driven by a friend, client’s vehicle was struck head-on by the driver of another vehicle. As a result of the negligence of the other vehicle, client suffered neck and back strain injuries, as well as a 7 cm laceration to her forehead that necessitated plastic surgery scar revision. The case settled for payment of $87,500.00 from the responsible party’s insurance carrier. The settlement represented approximately 5 ½ times the client’s total medical expenses.

$75,000.00 Settlement - Employment Discrimination/Retaliation case

Client was repeatedly subjected to discriminatory terms and conditions of her employment based upon her race (African American) at her workplace. After sending a written complaint to her supervisor and upper management, she was abruptly terminated. Her work record was exemplary and even her supervisors admitted during depositions that she was a very good employee.

$75,000.00 Jury Verdict- Governmental Liability case

Client’s constitutional rights were violated by law enforcement. Client was unlawfully arrested and jailed. Although the client did not seek any medical treatment and it was alleged by Defendants at trial that she sustained no physical injuries, the case was tried to a jury, and the jury returned a verdict in favor of our client in the amount of $75,000.00. The case was settled thereafter for a confidential amount to include payment of attorneys’ fees. View verdict...

$66,500 Settlement - Automobile Accident

Client was a pedestrian struck by a vehicle in a grocery parking lot.  Client sustained injuries to her leg that required extensive treatment and possible future surgery to correct.  The insurance carrier for the at-fault party tendered its limits of $25K, and the client's unisured/underinsured insurance carrier paid the remaining-- for a total payment of $66,500.00. 

$60,000 Settlement - Automobile Accident

Client was a passenger in a vehicle that was involved in a head on collision. Client sustained a laceration to his forehead that was treated at the emergency room. He underwent two (2) weeks of physical therapy and was released to return to normal activities. The estimated cost for surgical repair to the scar on his forehead was approximately $1,500.00. The case settled prior to suit being filed for $60,000.

$55,000.00 Settlement – Automobile Accident

Client was rear-ended by an eighteen wheeler and sustained an injury to his wrist and general soreness and discomfort in his neck and shoulders. He underwent physical therapy and was returned to his normal day activities. The case settled for $55,000.00.

$50,000 Settlement - Automobile Accident

Client was a injured following as a result of striking a home trailer that was being illegally transported at night without proper lighting.  The case settled for payment of all of the client's underinsured/uninsured insurance coverages. 

$30,000 Settlement - Governmental Liability case

Without legal cause or justification, client was pulled over by undercover narcotics officers for the Olive Branch police department at gunpoint while traveling home after shopping.  She tried to escape (what she thought was a car-jacking), but was eventually chased through the streets, her car was blocked in, and she was held at gunpoint until a marked car arrived on the scene.  After realizing the mistake (she was apparently mistaken for a "drug dealer"), the officers left the scene and client was allowed to go home.  The event disturbed her to such an extent that she was forced to seek medical treatment for anxiety.   

Confidential Settlement - Premises Liability and Negligence case

Client was a minor that was injured as a result of medical negligence during a procedure performed at her school.  The child collapsed and fell to the floor outside of her classroom, causing her to sustain serious injuries to her face and jaw. 

Confidential Settlement- Governmental Liability case

Client was arrested for a minor traffic infraction and taken into custody by the Olive Branch Police Department.  During this arrest, client alleged that she was mistreated physically and verbally.  The client had visable bruising to her arms where she alleged that she was assaulted.  A subsequent internal affairs investigation of the allegations was done, and the officers involved were acquitted of any wrong doing.  Client claimed that the internal affairs investigation was improperly done and that the internal affairs officers were coerced to make the findings that they did.  The case was settled after months of intense litigation for a confidential amount.