Sandusky And Pearce Case Summary

Decent Essays
Regardless of the settlement offer reached by the codefendants with the plaintiff’s attorney, it was the position of HAPI (CRC Panel), their defense counsel and the insured to defend this claim. Moreover, and taking into account favorable testimony from defendants (Sandusky & Pearce) on behalf of their insured, it was defense counsel’s position the insured had a 75% chance of a successful outcome at trial.

However, even with defendants (Sandusky & Pearce) testifying on the insured’s behalf, the jury awarded the claimant’s spouse $2.7 million, noting all defendants failed in the standard of care provided to the claimant. HAPI is now reviewing their options to consider filing an appeal on the potential of reversible errors (defense counsel

Related Documents

  • Improved Essays

    Ronald Vaden V

    • 904 Words
    • 4 Pages

    The court referred to previous cases and one in particular, Tonkovic vs. State Farm Mutual. The insured again had requested a disability policy that would pay home mortgage if he became disabled. The insurance agent who was aware of what was being requested, did not make an attempt to inform Tonkovic that this policy would not coincide with the coverage that was being…

    • 904 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Dorrough V. Wilkes (2002)

    • 1733 Words
    • 7 Pages

    NUR 714 Legal Case Study Analysis Paper Dorrough v. Wilkes (2002) No 2001-CA-00117-SCT Jonathan R. Heshler California University of Pennsylvania NUR 714 Legal Case Study Analysis The purpose of this paper is to analyze and review the case of Dorrough v. Wilkes (2002). This civil case involved a female patient (Gwendolyn Wilkes) presenting to the emergency room at Boliver County Hospital, being misdiagnosed and discharged by Dr. Dorrough, dying the next day at another hospital after emergency surgery and the patients husband and son bringing a wrongful death medical malpractice action suit forth.…

    • 1733 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Facts and holding Warren McCleskey and three other furnished men ransacked the Dixie Furniture Store in Atlanta, Georgia, on May 13, 1978. Amid the burglary, Officer Frank Schlatt entered the front of the store and was lethally shot in the face. Nobody really saw the slaughtering. After McCleskey's capture regarding another outfitted theft, he admitted to the Atlanta hold-up, yet denied shooting Officer Schlatt. In any case, immediate and incidental confirmation indicated McCleskey as the triggerman.…

    • 721 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Describe the issues in the case? “On January 5, 1999, grievant Keith W. Walton applied for work with the Company by filling out the Company’s employment application (C-1). In it, he reported that he had no relatives employed by the Company. On April 30, 1999, he was hired as a Helper at the Manatee Power Plant and was continuously employed there (working his way up to journeyman mechanic status) for the next seven and one-half years” (Soloane & Witney, 2010). The issue describe in which Keith Walton case study is with him not properly being discharge for allegedly violating the company anti-nepotism policy.…

    • 892 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Mrs. Nalley Case Summary

    • 730 Words
    • 3 Pages

    Mrs. Nalley is a 82 year old female who presented to the ED via LEO under IVC for alleged homicidal ideation with several plans to cut her granddaughter's throat and shoot her other granddaughter. Before the assessment the petitioner, Her son James, of the IVC was contacted. He reports relational conflict with his mother and the family has been going on for a while. James reports his mother believes people are stealing her things. He states, "She things somebody done stole her gun."…

    • 730 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Dr. Newman Case Summary

    • 637 Words
    • 3 Pages

    physician and patient to be performed at an ASC. Plaintiff’s Motion, p. 17, 21-22 To get to this interpretation, Dr. Newman argues that the phrase “under applicable Medicare regulations” in the definition of “outpatient surgical procedures” somehow refers to the Medicare Claims Processing Manual (which is not even a Medicare “regulation”). Specifically, Dr. Newman cites to Section 20.1 of Chapter 14 of the Medicare Processing Manual, which provides: “The ASC list of covered procedures merely indicates procedures which are covered and paid for if performed in the ASC setting. It does not require the covered surgical procedures to be performed only in ASCs.…

    • 637 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Oliver Vs Brock Case Study

    • 1381 Words
    • 6 Pages

    The court defended that there is no law that refuses the professional freedom of physicians to compare problem-solving approaches to their counterparts in order to improve the quality of services they provide to the public. Dr. Ketcham’s affidavit concludes that he had no contact with Dr. Brock concerning the care or treatment of Oliver. He also noted that he was not aware of any contact between the Plaintiff and Dr. Brock while she was a patient at Bryan Whitfield Memorial Hospital. The supporting evidence mentioned above, lucidly supports Dr. Brock’s motion for summary judgment based on the adjudication of the…

    • 1381 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    Jerry Sandusky was a football coach at Penn State who was arrested and convicted of the sexual abuse and molestation of at least 10 prepubescent boys (Bohm & Haley 2014). These heinous acts continued for at least 15 years before the truth came to light (Bohm & Haley 2014). It was said that Sandusky could have gotten at the most 442 years behind bars; however, he was only sentenced to 30-60 years (Bohm & Haley 2014). Sandusky used his title, charity work, and the school to get the boys who had no father at home to trust him (Lucas & Fyke 2014). Once he gained their trust that is when the nightmare began for these young boys.…

    • 2640 Words
    • 11 Pages
    Superior Essays
  • Improved Essays

    The handbook helped the panel hold the liability verdict against the weight of the evidence. The argument did not fall under any of the CEPA laws, therefore ruling in favor of Bridgeway, Inc (Hitesman v. Bridgeway Inc., 2014). In what way, if any, did the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C.A. 1320d-1 to -9 impact the actions of Bridgeway? or impact the decision of the New Jersey Supreme Court? How does HIPAA apply to your analysis of the actions of the parties?…

    • 1276 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Dred Scott Case Summary

    • 681 Words
    • 3 Pages

    Dred Scott and his wife was a slave of an army surgeon, John Emerson, after Dr. Emerson bought him from the Peter Blow family of St. Louis. Scott accompanied his owner during Dr. Emerson’s duty at Illinois, Wisconsin and back to Missouri in 1838. Later when Dr. Emerson died in 1846, Dred Scott and his wife, with the help from John R. Anderson, the minister of the Second African Baptist Church, filed petitions in the Circuit Court of St. Louis for their freedom. According to State Historical Society of Missouri on the article, “Dred Scott Case”, it was the Blow family that help him sue against Emerson’s widow for his liberty. They argued that Scott’s living in Illinois and Wisconsin, two free states according to the Missouri Compromise, with…

    • 681 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Sandusky Case Summary

    • 642 Words
    • 3 Pages

    On June 2012, Sandusky was charged by with 45 counts of child abuse. But in November 2011 the Board of Trustees had Kenneth C. Frazier and Ronald J. Tomalis address the efforts. That same year they had the law firm of Freeh Sporkin & Sullivan LLS to be their Special Investigation Counsel to investigate the charges of the children being sexually abused in the Penn State facilities, failing to report the incidents of the sexual abuse, and what the universities officials thoughts of what to do when this sexual abuse was happening. The Special Investigation counsel would also provide recommendations for the University to follow so that no other incident like Sandusky’s would ever reoccur. A finding that the Counsel found that they considered very terrible…

    • 642 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Niles Case Study

    • 1594 Words
    • 6 Pages

    The injuries sustained in the Niles v City of San Rafael were foreseeable. The injuries resulted from the commission and the omission of act from the defendants. There was negligence in the city’s supervision of the school playground and medical malpractice at Mt. Zion Hospital. The medical negligence was nonfeasance meaning there was a failure to act when there is a duty to act as a reasonability to safeguard a person rights. The Plaintiff was an innocent party whom rights were violated by the defendants.…

    • 1594 Words
    • 6 Pages
    Superior Essays
  • Decent Essays

    Sandusky Case Study

    • 139 Words
    • 1 Pages

    In many cases I like to maintain an open mind to a situation presented to me. In this case, the conspirators who contributed to Sandusky's abuses should be found guilty. Spanier, shultz and curley should all be found guilty and as mentioned before have no excuse as to why they turned a blind eye to a situation such as this one. If people who are alongside a murderer can also be found guilty of murder, then what difference does it make for these people to be charged with something less when they should receive the same charges such as Sandusky. For many years within the community the public trust was being fed nothing but lies behind their backs.…

    • 139 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    The case of Stephen Dawson raised many ethical issues. According to our course notes ethics is understanding what is right, wrong, good, and bad and also what ways of living are good, bad, right or wrong. The most significant issues in this case are firstly, that the institution for long term care and rehabilitation for physically disabled children placed Stephen in foster care because his condition was just too severe and they decided that somebody else would be more beneficial from their treatment and help. Secondly, Stephen's parents initially gave permission for the doctors to go ahead with the second shunt operation required to save Stephen's life but shortly after changed their minds because they thought it would just be better off for Steven to be allowed to die. Thirdly, The superintendent of family and child services did not agree with the parents decision and fought for custody of Stephen, eventually succeeding and approving…

    • 1484 Words
    • 6 Pages
    Superior Essays
  • Decent Essays

    The first case was for wrongful death damages for Benjamin and 5 children, second damages for physical and emotional injuries sustained by Benjamin and third damages for the physical injuries suffered by Mladinov. The defendant appealed. Issue: Whether the plaintiff is able to recover damages for his ‘mental and emotional distress’ caused by the wrongful death claim for his wife given that Benjamin suffered serious shock to his nervous system causing a gastric disturbance, yet…

    • 558 Words
    • 3 Pages
    Decent Essays