1966-Present

Hourigan, Kluger & Quinn, P.C., Kingston, PA Principal. Senior Litigation Principal. Emphasis in personal injury, medical malpractice, product liability, including crashworthiness, automobile defect cases, automobile cases, tractor trailer cases and highway design defect cases.

1966	Dickinson School of Law of Penn State University, Carlisle, PA Juris Doctor
1963	University of Scranton, Scranton, PA Bachelor of Science
1959	Scranton Preparatory School, Scranton, PA

• Member, Inner Circle of Trial Advocates (Limited to no more than 100 personal injury lawyers in the country)
• Fellow, International Academy of Trial Lawyers
• Fellow, American College of Trial Lawyers
• Member, American Board of Trial Advocates
• Member, The Order of Barristers
• Certified in Civil Trial Advocacy by the National Board of Trial Advocacy
• Member, Association of Trial Lawyers of America
• Member, Past President, Pennsylvania Trial Lawyers Association
• Past Member, Board of Governors, ATLA
• Member, Attorneys Information Exchange Group
• Past Member, Pennsylvania Bar Institute
• Past Member, Civil Procedural Rules Committee for the Disciplinary Board of the Supreme Court of Pennsylvania
• Member, Pennsylvania Bar Association
• Member, Luzerne County Bar Association

• Past Member, Pennsylvania Judicial Reform Commission & Co-Chairperson of Judicial Selection Committee
• Past Member, Trial Court Nominating Commission for Luzerne County
• Past Member, Advisory Committee on Judicial & United States Attorneys. Nominations for the Middle District of Pennsylvania

• Listed in each edition of “The Best Lawyers in America” since 1987
• Selected by his peers as one of the Top 100 Pennsylvania “Super Lawyers” each year the survey was conducted by Philadelphia Magazine

• Certified Civil Trial Advocate, National Board of Trial Advocacy. One of the first group of attorneys certified as a trial specialist by the Board.
• Co-Author of Book on Pennsylvania No-Fault Motor Vehicle Insurance Act
• Author of several trial practice articles published in various journals
• Initial Chairman and Guest Lecturer each year at Dickinson School of Law Advocacy Seminar
• Trial Advocacy Seminar and Workshop, State Conference of Trial Judges
• Multiple seminar presentations for the Pennsylvania Bar Institute, Pennsylvania Trial Lawyers Associations, American Trial Lawyers Association and other state trial lawyer groups

Pennsylvania Bar Institute Seminars on:

• Pennsylvania Civil Practice and Procedure
• Pennsylvania Evidence
• Medical Malpractice
• Proof of Damages I
• Proof of Damages II
• Medical Malpractice, Philadelphia
• Medical Malpractice, Pittsburgh
• Crashworthiness
• Advanced Techniques - Medical Malpractice Cases, Philadelphia
• Advanced Techniques-Medical Malpractice Cases, Pittsburgh
• Crashworthiness
• Damages in Personal Injury and Death

Pennsylvania Trial Lawyers Association Seminars on:

• Pennsylvania No-Fault Motor Vehicle Insurance Act
• Medical Malpractice
• Evidence, Part I
• Evidence, Part II
• Procedure
• Damages
• Structured Settlements
• Courtroom Persuasion, Winning Over the Jury, Pittsburgh, 1991
• American Board of Trial Advocacy Seminar - “The Masters in Trial,” March 13, 1992, Philadelphia
• Pennsylvania Defense Institute Seminar - Closing Arguments
• American Trial Lawyers Association Seminar - Handling Expert Witnesses, Philadelphia
• Pennsylvania Bar Association Annual Meeting Program - Voire Dire and Jury Selection Practice
• Pennsylvania Trial Advocacy Foundation Seminar - Complex Settlement Techniques, Philadelphia
• Pennsylvania Trial Advocacy Foundation Seminar - Complex Settlement Techniques, Pittsburgh Dickinson School of Law Forum
• Tennessee Trial Lawyers Association
• Hahnemann Medical School - National Workshop
• ABA Symposium - Preparation and Presentation of Medical Evidence, San Francisco, California
• Various Medical and Dental Groups

• Past Member, Board of Trustees of University of Scranton
• Past Member, Board of Governors, General Alumni Association, Dickinson School of Law
• Past Member, Board of Directors, United Way
• Past Member, Board of Directors, Greater Wilkes-Barre Chamber of Commerce
• Previously selected as “Outstanding Young Man of America”
• Past recipient of the “Outstanding Young Man of the Year Award” from the Greater Wilkes-Barre Jaycees
• Past recipient of the “Outstanding Man of the Year Award” from the Friendly Sons of St. Patrick of Greater Pittston

• Lead counsel in a 2007 medical negligence case involving the death of a 44 year old woman who was in very poor health and who was employed for a limited period of time as an “under the table” clerk/employee. The decedent was admitted to a local hospital complaining of shortness of breath with a past medical history of diabetes, hypertension, mitral stenosis, rheumatic fever and multiple surgeries. The admitting diagnosis was COPD with respiratory failure. She immediately developed chest pain and jaw pain and was transferred to another hospital for a cardiac catheterization. After the catheterization was performed, she was transferred back to the initial hospital and died 3 days later from what was described as a respiratory failure. As it turned out the decedent had suffered a second inadvertent puncture of the femoral artery during the catheterization procedure, as a result of which, she developed a slow bleed ultimately resulting in clear signs of hypotension and hypovolemia (low blood pressure) for approximately 24 hours prior to her death. A CT scan should have been ordered earlier and in lieu of a CT scan, there were multiple other diagnostic tests that should have been performed, all of which would have revealed this bleed occurring over a period of 30 hours that resulted in her death. After 6 days of trial, the case was settled for the sum of $7.5 million dollars.
• Lead counsel in a 2007 medical negligence case in which we represented a 43 year old chiropractor who was admitted to a local hospital for the purpose of undergoing laparoscopic surgery for endometriosis. At the conclusion of the surgery, when the drapes were removed, the CRNA noticed that the patient’s right arm was not secure on the arm board and had fallen off the board. Shortly after admission to the PACU, the patient complained of her right dominant arm feeling “dead”. An EMG of the right arm resulted in the diagnosis of a right brachial plexopathy and over the next several months, the patient developed pain in her left shoulder and arm which her physicians attributed to overuse of the left arm because of the need to compensate for decreased motion of the right arm. The primary contention on liability was that the operating “team” had an obligation to periodically observe the position of the patient’s arm on the arm board and, particularly, after positional changes, believing that the arm fell off the arm board after the patient was placed in Trendelenburg position. On the day of jury selection, the case settled for the sum of $3,250,000.00.
• Lead counsel in a 2006 automobile case in Monroe County involving the death of a 49 year old housewife and mother of two young daughters. In this case there was a collision of two on-coming vehicles and both operators suffered fatal injuries as a result of the collision. Despite being unable to show any conscious pain and suffering, or any actual wage loss, the case settled prior to trial for $3.1 million dollars.
• Lead counsel in a 2006 medical malpractice case involving the death of a 42 year old husband and father of a five year old son who underwent an aortic valve replacement. During the surgery the defendant’s doctor made a decision to “simply excise about a 3 cm segment of the aortic root...” An autopsy confirmed that the decedent “died as a result of pericardial tamponade due to suture line separation due to an untied suture at the aortic root aortotomy.” It was maintained that the decedent died as a result of cardiac tamponade occurring as a result of a failure to adequately “tie off the sutures” during the valve replacement surgery. The case settled for $3 million dollars.
• Lead counsel in a 2006 case involving severe injuries inflicted upon the Plaintiff as a result of the careless driving behavior of a tractor trailer driver on Interstate 81. The Defendant tractor trailer company had total insurance coverage in the amount of $1,000,000.00. Once multiple property damage claims were paid to other parties involved in the collision, the total amount of coverage available under the policy limits, or the sum of $993,690.99, was paid to the Plaintiff in settlement of his claim.
• Lead counsel in a 2006 case involving the birth of a child, during which the Defendant inappropriately used forceps during the delivery and applied the forceps with such great force as to fracture the decedent’s skull in two places thereby causing hemorrhage and hypovolemic shock. It was further averred in this action that the Defendant applied excess fundal pressure during the forceps application and, in doing so, ruptured the decedent’s liver thereby causing massive bleeding with ensuing complications. The case settled for $3 million dollars.
• Lead counsel in a case involving a tractor trailer collision in which the Plaintiff suffered serious cervical injuries. On the date of the collision the traffic on the Interstate was slow and congested as a result of road construction. Notwithstanding that fact, the Defendant tractor trailer driver operated his vehicle in a careless and reckless manner, when he should have been on alert for slow moving and/or stopped traffic. Without warning, he violently struck the rear end of a vehicle, forcing it into the rear of Plaintiff’s vehicle. The investigation of the State Police revealed that the Defendant was tailgating the other vehicles. The case settled prior to Trial for $1.2 million dollars.
• Lead Trial counsel in a case involving the death of a 4 year old boy due to the failure of the Defendants to diagnose a bowel obstruction which resulted in hyperkalemic arrest and subsequent death. After six days of trial, a global settlement was reached. The settlement called for up-front cash and future periodic payments, the cost of which was $11,000,000. If the decedent’s parents live their normal life expectancy, the settlement will pay in excess of $17,000,000.
• Lead counsel in a case involving the death of a 25 year old woman as a result of the Defendant operating his BMW vehicle in such a negligent, careless and recklessly indifferent manner so as to cause the same to violently strike the rear of the Hyundai automobile being operated by the Plaintiff, thereby inflicting the severe injuries which resulted in her death. After being struck, the Plaintiffs vehicle was propelled out of the driving lane ultimately impacting into a rock embankment on the easterly berm of the road. The case settled prior to Trial for $2,485,000.00.
• Lead counsel in a medical negligence case involving the death of a 73 year old male Plaintiff following improper esophageal intubation during surgery. The Defendant physician anesthesiologist had failed her written portion of the board certification examination on 5 separate occasions prior to this surgery. It was admitted by the hospital that the physician was not properly credentialed and that her privileges had lapsed nine days prior to this surgery. After five days of trial the case settled for $7 million dollars.
• Lead counsel in a medical negligence action involving the death of a 52 year old mother following a kidney transplant due to polycystic kidney disease. The case settled prior to trial for the sum of $8.5 million dollars.
• Lead counsel in a medical negligence action involving a 5 year old little girl who sustained a hyperkalemic cardiac arrest resulting in severe brain damage due to oxygen depravation. The severe and permanent brain damage was sustained by the minor Plaintiff while under the care and treatment of the Defendant physicians/hospital. The case settled for $15 million dollars.
• Lead counsel in a medical negligence action involving an above the knee amputation of a 46 year old following a 2 year misdiagnosis of a bone tumor. The interpreting radiologist admitted that a bone tumor was within his differential diagnosis and he intended to have the films sent out for radiological interpretation. Unfortunately, the films were never sent out. The case settled for $1.9 million dollars prior to trial.
• Lead counsel in a tractor trailer case tried before Judge Richard Caputo in the United States District Court for the Middle District of Pennsylvania involving the death of a 27 year old single professional woman. The Jury determined that the decedent did not sustain any conscious pain and suffering, but did find each of the trucking companies to be not only negligent, but to be recklessly indifferent. In the first stage of the trial the Jury returned a combined verdict under the Wrongful Death and Survival Action in the amount of $5.9 million dollars. In the second stage the Jury returned an award of punitive damages in the amount of $2.75 million dollars.
• Lead counsel in a medical malpractice case involving a 39 year old mother pregnant with twins. The first twin was born uneventfully at 10:07 a.m. and 15 minutes later the second twin, whose fetal heart monitoring had been perfect beforehand, evidenced signs of a severe bradycardia. There was a 21 minute delay from the onset of the bradycardia to the time of C-section delivery and the baby showed immediate signs of hypoxic insult. Within 1 hours time the baby was experiencing significant seizures and was eventually diagnosed as having hypoxic ischemic encephalopathy. The baby was life flighted to another institution where she remained hospitalized for a period of almost four months and then was cared for at home by her parents prior to her death exactly 8 months after her birth. After two weeks of Trial, the jury returned its verdict in favor of the Plaintiffs and against the Defendants, in the total amount of $10,384,000.00 Prior to the commencement of the punitive damage phase of the Trial, the parties entered into settlement discussions and negotiated a total global settlement of the action in the amount of $13,000,000.00.
• Lead Counsel in a medical malpractice case involving improper monitoring of oxygen levels during a surgical procedure resulting in severe brain damage. The case settled for $21 Million Dollars shortly before the commencement of Trial.
• Lead Counsel in a tractor trailer case involving the severe injuries sustained by two teenage girls as a result of their vehicle being struck by a tractor trailer. A settlement was reached shortly after jury selection for a sum in excess of $9,000,000.00.
• Lead Counsel in a medical malpractice case involving chest and shoulder x-rays which were misread by the attending radiologist resulting in the misdiagnosis of a desmoid tumor which was finally detected two years later. The case settled after opening statements at Trial for $6,849,500.00.
• Lead Counsel in a medical malpractice case involving the death of an infant during delivery in which there was an award of compensatory damages in the amount of $6.7 million dollars and a finding of reckless indifference.
• Lead Counsel in an automobile crashworthiness case on behalf of a 36 year part-time nurse who sustained severe brain injuries when the vehicle she was driving was struck in the right rear. The award was in excess of $27 million dollars.
• Lead Counsel in medical malpractice case on behalf of a 7 year old boy and his parents in which there was an award of $16,578,074.00. The minor Plaintiff sustained severe and permanent brain damage as a result of the failure to diagnose appendicitis and the need for surgery.
• Lead Counsel in a medical malpractice case that was settled on the eve of Trial for $7,700,000.00. This was a Wrongful Death and Survival Action and claim for negligent infliction of emotional distress on behalf of the parents of a 5 day old infant against doctor and hospital for discharging the infant from the hospital when the infant showed obvious signs and symptoms of a life threatening, but treatable disease.
• Lead Counsel in UIM arbitration proceeding in which there was a $3,900,000.00 award in a Wrongful Death and Survival Action on behalf of a 41 year old mother of two young children who was employed 2 days a week in a gift shop. Extensive psychiatric testimony was presented as to the losses experienced by the minor children.
• Lead Counsel in uninsured motorist proceeding in which there was a $1,700,000.00 award on behalf of a 62 year old surgeon who was rear ended and sustained post traumatic headache syndrome. Although the surgeon was never hospitalized as an in-patient, he developed intermittent photophobia in the OR room which required him to limit his surgical procedures to no more than 30 or 40 minutes.
• Co-Counsel in UIM arbitration case in which there was an award of $865,000.00 on behalf of a 35 year old who sustained post traumatic headache syndrome. Although the Plaintiff missed minimal time from work and had no recoverable out-of-pocket expenses, his continuing severe headaches had a dramatic impact upon his ability to enjoy life.
• Lead Trial Counsel in a case in the Court of Common Pleas of Luzerne County in which there was an award of compensatory damages in the amount of $8 Million Dollars against General Motors Corporation. This was the first verdict in the country in which a jury concluded that a vehicle was defective for not having air bags. It was also the first verdict in the country in which the particular door-mounted belt system was also held to be defective. After the jury returned its compensatory damages award, the case proceeded to the second stage for a consideration of punitive damages. During this stage the entire case was settled.
• Lead Trial Counsel in a case in the United States District Court for the Middle District of Pennsylvania in which Federal Judge Thomas Vanaskie returned a verdict in the amount of $3,523,375.40 for a 71 year old veteran who became a double amputee as a result of the negligence of the Veterans Administration Hospital where he had been treated for bronchitis.
• Trial Counsel in a case in the Court of Common Pleas of Lackawanna County in which there was an award of $3.3 Million Dollars for a permanently partially disabled 45-year old, who sustained a comminuted fracture of his femur with resulting complications. This was a Crashworthiness case against the supplier of a bulldozer that was not equipped with a properly functioning seat belt.
• Lead Counsel in a case in Court of Common Pleas of Luzerne County in which there was an award of compensatory damages in excess of $12 Million Dollars for a young woman injured in a motor vehicle accident. This is the largest personal injury award in Northeastern Pennsylvania and one of the largest compensatory damages award in an automobile case in the nation.
• Lead Counsel in a case involving a Wrongful Death and Survival Action arising out of the death of an unemployed 41 year old wife and mother of two children in which there was a settlement in the amount of $2,100,000.00. At the time of the accident, the decedent’s automobile was struck by steel pipes which broke free and fell from a tractor trailer.
• Lead Counsel in a case involving a Plaintiff who sustained severe, disabling and disfiguring injuries to his left hand and arm during the course of his employment. Plaintiff instituted suit against a number of Defendants alleging that the incident and injuries were caused by a defective design, manufacture and installation of a piece of equipment known as a DLC Module and particularly a component of the module known as a “scarfing roll”. The case settled for $1,500,000.00, plus waiver of $500,000 workmen’s compensation lien.
• Trial Counsel in a case in the Court of Common Pleas of Luzerne County in which there was an award of compensatory damages in the amount of $1.5 Million Dollars. The action involved the death of a 26-year old individual who was earning only $11,000 per year prior to his death and there was no conscious pain or suffering.
• Trial Counsel in a case in the Court of Common Pleas of Susquehanna County on behalf of two (2) deceased male teachers who were electrocuted when they came into contact with a high voltage wire while replacing a roof on the home of one of their parents. This was a Wrongful Death and Survival action on behalf of the Estates of both decedents against Claverack Electric Cooperative. There was no offer of settlement and the case was bifurcated. After approximately two (2) weeks of Trial, the jury returned a verdict in which they found that Claverack Electric Cooperative was not only negligent, but that their conduct constituted reckless indifference. Before the case proceeded to Trial on the issue of damages, the cases were settled as a result of which the families of these two young men, received almost $30 Million Dollars pursuant to a structured settlement.
• Trial Counsel in a case in the Court of Common Pleas of Luzerne County in which there was an award of compensatory damages in the amount of $1.4 Million Dollars. The action was brought as a result of an accident which killed a 15-year old girl and caused significant mental anguish to her 15-year old cousin also involved in the accident.
• Trial Counsel in a case in the Court of Common Pleas of Luzerne County against a local utility company in which there was a total award in excess of $16 Million Dollars, including compensatory and punitive damages. The total punitive damage award in excess of $11 Million Dollars was one of the highest such awards in the Commonwealth of Pennsylvania.
• Trial Counsel in a Dram Shop-Automobile case in the Court of Common Pleas of Luzerne County in which there was a total award of $8.8 Million Dollars, including an award of $5 Million Dollars in punitive damages against a liquor licensee. This was the largest award of punitive damages in the nation in a Dram Shop case.
• Trial Counsel in a Federal Court case in which there was a $3.9 Million Dollar award for the claimant, which was the largest award ever rendered in a swine flu case and the largest Bench Award in the nation.
• Trial Counsel in numerous other cases in which there were jury verdicts or settlements for clients substantially in excess of $1 Million Dollars.