Insurer must pay $13.6M after hospital death

Hospital settles medical malpractice suits with two families for $5M

Pennsylvania Law Weekly
August 9, 2004

Date of Award:
June 11, 2004

Court and Case Number:
C.P. Luzerne, 2003 Term, No. 7652c.

Type of Action:
Underinsured motorist claim

Injuries:
Disc herniations with impingement; radiculopathy

Plaintiff's Attorney:
Amanda Wright-Kluger, Hourigan, Kluger & Quinn, Kingston

Defense Attorney:
Michael T. Savitsky, Margolis Edelstein, Scranton

Plaintiff's Expert:
Albert D. Janerich, M.D., physiatry, Kingston

Defense Expert:
Robert T. O'Leary, M.D., physiatry, Scranton; Bill Walker, vocational expert, Scranton

Comments:
In February 1999, Joseph and Elaine D'Angelo sustained injuries when their vehicle was rear-ended in a motor vehicle collision, according to attorneys for the D'Angelos and their carrier, Liberty Mutual Insurance Co. The present case stemmed from a claim for underinsured motorist benefits with Liberty Mutual.

Joseph D'Angelo, 52, who had to be cut out of the vehicle after the accident, sustained injuries including several disk herniations and EMG demonstrated radiculopathy, the attorneys said. Angelo attempted to return to work as a Capitol police officer, but he retired due to his inability to perform the job as a result of his injuries.

The D'Angelos and Liberty Mutual disagreed over the cause of the injury and the extent of damages. According to the plaintiffs, D'Angelo testified that he intended to work until age 65, meaning that he had lost more than 10 years of wages as a result of the accident.

In the same accident, the plaintiffs claimed Elaine D'Angelo sustained injuries to her hand, low back, neck, wrist and leg.

The D'Angelos' UIM claim went before an arbitration panel, which awarded Joseph D'Angelo $550,000 and Elaine D'Angelo $60,000, according to the attorneys.