Golomb & Honik, P.C., attorneys at law


	1 215 985 9177 1 800 355 3300

The Federal Courthouse
Throughout its storied history, Philadelphia's federal courthouse has witnessed dozens of the most important decisions in American jurisprudence.

The attorneys at Golomb & Honik have been involved in literally hundreds of successful verdicts and settlements. Some of our more noteworthy cases are outlined here. Click on the headlines below to read the whole story.

$7.3 Million Settlement for Misled Students Golomb & Honik represented current and former students who sued a national vocational school…

Confidential Multi-Million-Dollar Settlement for Pennsylvania Plant Workers After exposure to beryllium, some workers at a Reading, Pennsylvania plant died, and others were injured…

Multi-Million Dollar Settlement in Chemical Exposure Case Golomb & Honik successfully represented dozens of individual workers…

Eight Figure Confidential Settlement in Truck-Minivan Accident After a husband and wife pulled their minivan onto the shoulder of the road to look at a map, they were struck by a speeding…

Confidential Settlement For Race Discrimination Against Wells Fargo Golomb & Honik attorneys represented nineteen (19) African Americans who were terminated by Wells Fargo in 2006 for allegedly abusing the Wells Fargo email system and information security policy …

Confidential Multi-Million Dollar Settlement In Operating Room Fire Case Golomb & Honik represented a woman who suffered severe burns to her face during surgery…

Confidential Settlement in Fatal Intersection Accident Golomb & Honik successfully represented the estates of two vehicle occupants tragically killed at an intersection…

Confidential Settlement For Estate of Newborn with Pertussis A confidential settlement was reached after a two-day mediation on behalf of a newborn that contracted pertussis and died while in the Defendant's neo-natal intensive care unit...

$6.5 Million for Paraplegic A hotel van transporting international flight attendants to the airport ran a red light, broadsiding a vehicle and rendering the driver a paraplegic…

$4 Million for Estate of a Student Killed by a Drunk Driver Bar surveillance cameras showed a mutual fund executive being served more than 10 drinks over a short period…

$3.5 Million against Podiatrist in Berks County A $3.5 million verdict was obtained on behalf of a client who suffered a double leg amputation as a result of the negligence of his podiatrist...

$2.5 Million For Pizza Delivery Driver A 17-year old was in the scope of his employment as a pizza delivery man, with a co-worker, when he was a passenger involved in a one-car collision.

Seven figure Confidential Settlement For Defective Tiki Torch A 52-year old mother was mowing her backyard when a tiki torch manufactured by the defendants burst into flames...

$1.5 Million for Estate of 9/11 Victim On September 11, 2001, a motivational speaker giving a speech in the World Trade Center was one of the thousands who lost his life after airplanes struck…

Seven-Figure Confidential Settlement for Brain Injury A confidential seven-figure settlement was obtained on behalf of a 65-year-old man who developed severe brain damage…

Confidential Settlement for Disabled Cardiologist A cardiologist, who was insured by a major insurer of individual disability benefits, suffered from ulcerative colitis for many years...

Confidential Settlement for Disabled OB/GYN. Beginning in December, 2002, the plaintiff physician suffered a seemingly endless succession of serious medical conditions leaving him totally disabled ...

Seven-Figure Confidential Settlement for Nursing Home Abuse The wheelchair used at a group home for disabled adults had a history of chronic maintenance problems…

Aerospace, Machinist, and Electronic Workers Exposed to Beryllium Golomb & Honik represents thousands of aerospace, machinist, and electronic workers across America…

Confidential Settlement in Listeriosis Wrongful Death Case Golomb & Honik represented the estate of a retired physician who died as a result of consuming Listeria-tainted turkey products…

$1.25 Million for Worker who Fell After the outrigger of a concrete mixer was placed on unstable ground, the mixer tipped, causing its boom to knock a construction worker…

$1 Million in Automobile Collision as a Result of Road Design Defect Driving to her daughter's recital one evening, plaintiff, a then 41-year old mother of two...

$1 Million in Interstate Collision Driving home one day, a man braked to a stop when he came across an accident being cleared on the interstate…

$1 Million for Paraplegic Victim of Bad Faith After a man was rendered a paraplegic in a motor vehicle accident, he required extensive medical care on both an in-patient and outpatient basis…

$850,000 Verdict in Electrocution Death A business hired a "handyman" to change bulbs in their electric sign. Before doing so, he turned off the main power supply…

$750,000 Settlement for Faulty Hinge Design The general manager of a popular Philadelphia restaurant was closing an awning during a windstorm when the awning was struck by a gust…

$500,000 for Man Injured During Car Theft A man parked his car across the street from a Philadelphia market and went food shopping…

$500,000 for an Estate Victimized by Legal Malpractice Five years after initially suffering post-traumatic seizure disorder, a casino engineer was weaned off one medication…

$445,000.00 for Worker Injured by Engine Explosion Plaintiff, was a 40-year old father of four and heavy machinery repairman who was working on the engine of a salt spreader unit...

$380,000.00 for Victim of Truck Accident A woman went to a local seafood restaurant with her niece and nephew to purchase dinner for the family one evening...

$350,000.00 for Victim of Carbon Monoxide Exposure A woman was a tenant in a Center City Philadelphia apartment building that had recently been purchased by a new owner...

Maximum available insurance recovered for aneurysm resulting from motor vehicle accident. A man and his wife were struck and injured in a seemingly conventional two car motor vehicle collision...

Confidential Settlement for Improperly Filled Prescription An actively employed 70-year-old woman had for years taken medications to treat her low blood pressure and thyroid condition…

Confidential Settlement in Quadriplegia Case A young woman was afflicted from birth with a skeletal abnormality that confined her to a wheelchair by the time she entered high school…

Confidential Settlement in Overturned Forklift Case Forklifts have a known propensity to tip over and are typically fitted with seat belts and hip restraints to protect drivers…

Confidential Settlement in Food Cart Accident The “kitchen utility man” at a national chain restaurant was considered an exemplary employee…

Confidential Settlement for Hospital Neglect An otherwise healthy man in his mid-seventies was admitted into the hospital for brain surgery…

Confidential Settlement for Electrician Who Fell An experienced union electrician was performing electrical work in a ceiling more than 30 feet above the ground floor of a church…

Confidential Settlement for Driver Injured by a Dangerous Load A long-distance truck driver regularly made stops between New Jersey to Florida…

Confidential Settlement for Injured Surgeon A surgeon who was insured against disability suffered multiple herniated discs resulting in multiple surgeries…

Confidential Settlement in University Defamation Case A college used a former student’s photograph distastefully and without permission in marketing materials…

Confidential Settlement for Permanently Disabled Attorney A Philadelphia lawyer who was insured against disability, suffered from a chronic disease from which he ultimately became totally disabled as a trial attorney...

Confidential Settlement for Injured OB/GYN A 60-year old physician who maintained a full obstetrical and gynecological practice injured his dominant left hand leaving him unable to perform the substantial duties...

Court Approves $10,250,000.00 Settlement on Behalf of Investors in Securities Class Action Philadelphia law firm, Golomb & Honik, P.C., as co-counsel, facilitated settlement of a multimillion dollar matter on behalf of thousands of investors who were injured as a result of Sterling Financial Corporation’s alleged violations of federal law.

According to Richard M. Golomb, Esquire, it is alleged that for three years the Sterling Financial Corporation disseminated false and misleading statements to the public causing its stock to be artificially inflated and harming investors who acquired the stock at these inflated prices. Lead counsel for the plaintiffs, Arkansas firm, Carney Williams Bates Bozeman & Pulliam, PLLC, estimated that $13.5 million shares were damaged as a result of fraud.

Beginning in May 2007, nine securities cases were filed against Sterling and certain officers and directors alleging violations of Section 10(b) and Section 20(a) of the Securities Exchange Act. Plaintiffs’ counsel subsequently filed a consolidated amended complaint joining defendants PNC Financial Services Group, Inc., Bank of Lancaster County N.A., and Equipment Financing Inc. In April of 2008, PNC merged with Sterling, Bank of Lancaster and EFI.

Although defendants in this case dispute plaintiffs’ allegations and deny any wrongdoing, the parties agreed to settle the matter. In the summer of 2009, the United States District Court for the Eastern District of Pennsylvania in In Re Sterling Financial Corporation Securities Class Action, created a $10.25 million settlement fund for the benefit of those investors who acquired stock in April 27, 2004 through May 24, 2007.

The court further granted the requested attorneys’ fees in this case.

$7.3 Million Settlement for Misled Students Golomb & Honik represented current and former students who sued a national vocational school, alleging that they had been fraudulently misled as to the education they would receive. Golomb & Honik served as co-lead counsel in this groundbreaking consumer class action in which plaintiffs and absent national class members sought education from a publicly traded corporation in the field of diagnostic medical sonography. Golomb & Honik succeeded in demonstrating the chain of schools fraudulently misrepresented the nature of the ultrasound program and otherwise failed to provide the education represented. Students received federally guaranteed student loans but were largely unable to obtain promised jobs in their area of study. The school had no meaningful admissions criteria and often hired unqualified administrative and educational personnel. Field placements did not materialize, and students were unprepared to take qualifying exams. Students were stuck with loan repayments for which they received little or nothing in return. In approving certification of the class, and later the class settlement, the United States District Court said of counsel representing plaintiffs that “[t]he skill of each of these attorneys is reflected both in settlement and in the aggressive manner in which they pursued this litigation from start to finish.” 197 F.R.D. at 149. The Court noted in conclusion, “the highly skilled class counsel provided excellent representation both for named plaintiffs and absent class members.” Id. The class settlement of $7.3 million was the largest common fund of its kind.

Confidential Multi-Million-Dollar Settlement for Pennsylvania Plant Workers After exposure to beryllium, some workers at a Reading, Pennsylvania plant died, and others were injured. A judge who cited the statute of limitations threw out their lawsuits. However, the lawyers at Golomb & Honik did not give up and achieved an important victory before a panel of judges on the Third Circuit Court of Appeals. Golomb & Honik attorneys argued that the statute of limitations did not apply because doctors had told the workers that their illness did not relate to beryllium. Only at a later time, within the statutory period, was it known that the illness causing their injuries and deaths stemmed from beryllium exposure. A majority of judges agreed, and the cases were successfully reinstated. Golomb & Honik then achieved a multi-million dollar settlement against the defendant polluter, even though the defendant was bankrupt at the time.

Multi-Million Dollar Settlement in Chemical Exposure Case Golomb & Honik successfully represented dozens of individual workers—and a class of more than 1,000 additional workers—in a case arising from ongoing occupational exposure to sulfur dioxide and sulfur trioxide in Delaware County, Pennsylvania. For more than a decade, workers at an oil processing facility were exposed to emissions of sulfur dioxide and sulfur trioxide gasses from a neighboring plant. Those emissions caused reactive airways disease and occupational asthma in many workers. In addition, many others were exposed and require medical monitoring to detect the potential onset of pulmonary disease. Following years of protracted litigation, and the bankruptcy of the defendant polluter, Golomb & Honik achieved a multi-million dollar settlement against the bankrupt polluter, instead of the pennies on the dollar that many other creditors received.

Eight Figure Confidential Settlement in Truck-Minivan Accident After a husband and wife pulled their minivan onto the shoulder of the road to look at a map, they were struck by a speeding tractor trailer. Both were hospitalized with severe injuries, and she was permanently confined to a wheelchair in a condition requiring extensive care. Golomb & Honik attorneys were part of a team that established that the truck driver had been speeding, that he had exceeded the permissible number of hours on the road, and that much of the proper documentation for the truck had not been filed. In addition, they established that the trucking company knew about these many deficiencies. On the third day of trial, a confidential eight-figure settlement was reached.

Confidential Settlement for Race Discrimination Against Wells Fargo G&H Attorneys represented nineteen (19) African Americans who were terminated by Wells Fargo in 2006 for allegedly abusing the Wells Fargo email system and information security policy. After more than thirty (30) depositions, multiple settlement conferences and two (2) days of mediation, all of the remaining individual cases settled.

In 2006, based on the investigation into the email use of a single employee, Wells Fargo decided to investigate seventy-two (72) of their employees into their individual email use – sixty-eight (68), or 94%, of those investigated were African American. The office in which this investigation took place was 45% African American. The investigation was conducted from home office in Des Moines, Iowa.

As a result of this investigation, thirty-two (32) Wells Fargo employees were terminated and thirty-one (31), or 97%, of them were African American.

Litigation ensued claiming racial discrimination and disparate treatment and through written discovery and many depositions critical facts were learned including that the terminated employees named at least twenty (20) caucasian employees engaging in the same or similar conduct. Not only were these individuals not investigated, but Wells Fargo deleted the emails in question from the system. Additionally, several of the supervisors involved in the investigation and firings were concerned that over 97% of the fired employees were African American. As a result, they suggested “random sampling” within this particular office. This suggestion was summarily dismissed and the firings went forward as recommended by home office.

Individual Motions for Summary Judgment were dismissed as to all Plaintiffs, and after multiple efforts to settle, they were resolved several weeks before the first scheduled trial.

Confidential Multi-Million Dollar Settlement in Operating Room Fire Case A Golomb & Honik client went to a Philadelphia surgeon for the removal of a benign cyst on her neck. As anesthesia was being administered, her breathing rate decreased and the nurse anesthetist applied an oxygen mask to promote oxygen intake and increase her breathing rate. In doing so, she applied the oxygen mask on top of the nasal cannula which was being used as part of the normal anesthesia process. As a result of the nurse anesthetist’s failure to remove the nasal cannula while applying the oxygen mask, there was a slow leak which caused an oxygen enriched environment.

During the course of the surgery, the general surgeon decided to use an electrical surgery unit (ESU) to remove the cyst. When the ESU was ignited an arc was caused; the surgical drapes caught on fire and so did the anesthetized patient’s face.

As a result of the negligence of the various defendants, the Golomb & Honik client received third degree burns to her face; was transferred to a burn center where she remained for over a month; and, was forced to undergo seven (7) separate operative procedures to bring her face back to as before.

On the eve of trial, the case was settled for a multi-million dollar confidential settlement with all defendants contributing.

Confidential Settlement in Fatal Intersection Accident Golomb & Honik successfully represented the estates of two vehicle occupants tragically killed at an intersection not properly protected by four-way stop signs. Investigation and discovery in the case revealed that the Pennsylvania Department of Transportation had undertaken a study of an adjoining intersection, less than a half mile away, and found design justification to erect a four-way stop sign. Despite the fact that the intersection in which these occupants were killed was identical in all respects and clearly required the erection of a four-way stop sign, the Department of Transportation inexplicably erected four-way controls at one intersection and not the other. A significant confidential settlement was reached on behalf of the estates.

Confidential Settlement for Estate of Newborn with Pertussis A confidential settlement was reached after a two-day mediation on behalf of a newborn that contracted pertussis and died while in the Defendant's neo-natal intensive care unit. The minor-decedent was delivered approximately six weeks premature and placed in the neo-natal intensive care unit. She was doing well until her fourth week when she started coughing. She was transferred from the unit and placed in an isolated room in the affiliated children's hospital. Within 24 hours thereafter, her condition worsened. She was transferred to another hospital in anticipation of transfusing her blood but she died before the procedure was performed.

Golomb & Honik lawyers were able to determine through discovery of surveillance data for the Defendant hospital that one of the treating nurses in the Defendant's neo-natal intensive care unit had pertussis herself. This nurse had documented "whooping cough" days before Plaintiff- decedent showed signs of pertussis, but kept on working in violation of hospital policy.

After extensive discovery, which included many depositions, and after a two-day mediation just before trial, the case settled for a confidential amount.

$6.5 Million for Paraplegic A hotel van transporting international flight attendants to the airport ran a red light, broadsiding a vehicle and rendering the driver a paraplegic. The insurer for the hotel denied the claim, claiming that the injured driver had been the one to run the light. In support of their claim, they produced multiple statements from flight attendants attesting that the other driver, in fact, ran the red light. Litigation ensued, and during discovery it was determined that the flight attendants who gave "statements" were unable to speak or read English. In fact, the statements were prepared by an investigator on behalf of the hotel and signed by the flight attendants without translation. After three mediation sessions just prior to trial, the case settled for $6,500,000.

$4 Million for Estate of a Student Killed by a Drunk Driver Bar surveillance cameras showed a mutual fund executive being served more than 10 drinks over a short period. With the assistance of bar employees, he then walked to his car to drive himself home. On the drive, he fled the scene of one accident only to swerve into oncoming traffic, causing a second accident that killed a college student. On behalf of the student’s estate, Golomb & Honik attorneys successfully negotiated a settlement of more than $4 million from the driver and the bar.

$3.5 Million Dollar Verdict Against Podiatrist In Berks County In 1998, a Golomb & Honik client went to a podiatrist to evaluate a recurrent sore and shin splints on his left foot and leg. He was referred to a vascular surgeon and for doppler studies and a diagnosis of peripheral vascular disease was made. He was treated with medications and did alright for several years when he returned to a podiatrist due to recurrent corns on the other foot - this time seen by the earlier podiatrist’s partner.

This defendant podiatrist decided to perform derotational arthroplasty on the plaintiff’s foot before reviewing her partner’s earlier records and before an appreciation that plaintiff had peripheral vascular disease in both legs resulting in a significant decrease in blood flow. The surgery was performed and within several months the plaintiff, a 53-year old Home Depot department manager, was a double amputee.

Because of the peripheral vascular disease and resulting reduced blood flow, the surgery performed by the defendant podiatrist was contra-indicated. A referral to a vascular surgeon for bypass surgery to promote blood flow should have been performed before the podiatric surgery performed by the defendant podiatrist.

As a result of the surgery performed, a systemic infection caused the ultimate loss of both legs. After a two (2) week trial, a Berks County jury returned a verdict of just under $3,500,000.00 for the plaintiff. According to the trial judge, this is the largest verdict in Berks County history.

$2.5 Million for Pizza Delivery Man A 17-year old was in the scope of hisemployment as a pizza delivery man, with a co-worker, when he was a passenger involved in a one-car collision. The co-worker was driving; lost control of his vehicle; and, ran off the road into a ravine. As a result the plaintiff was seriously injured, resulting in numerous orthopedic injuries which necessitated a variety of surgeries and extensive hospital stays. Additionally, it has left the plaintiff with cognitive brain impairments which has resulted in the need for attendant care for the balance of his life. The case was settled under a structured settlement agreement that will provide lifetime benefits totalling over $7,000,000.00.

Seven figure confidential settlement for defective tiki torch

A 52-year old mother and billing clerk for a hospice care distributor was mowing her backyard when a tiki torch manufactured by the defendant engulfed in flames. In an effort to save her home from catching fire, the plaintiff bumped the base of the tiki torch away from her home and patio, which was covered by a wooden affixed awning. While doing so, embers from the engulfed torch caught plaintiff’s shirt, engulfed her in flames, and caused her severe and debilitating burn injuries. Plaintiff was hospitalized on several occasions for weeks and required several surgeries to repair the scarring. Litigation was instituted by Golomb & Honik attorneys, and it was learned that the cause of the engulfment and resulting burns was from a negligently designed and manufactured flame guard to the tiki torch. The resin coating on the flame guard absorbed fuel from the fuel canister and wick associated with the torch, then causing it to engulf in flames. In the approximate three-year period prior to plaintiff’s injuries, the defendant manufacturer had received in excess of 200 complaints, mostly of property damage, in which similar engulfment occurred. As a result of these complaints, the manufacturer and distributor of the flame guard changed its design and resin coating, thus reducing the likelihood of similar accidents happening again.

$1.5 Million for Estate of 9/11 Victim On September 11, 2001, a motivational speaker giving a speech in the World Trade Center was one of the thousands who lost his life after airplanes struck the twin towers in a terrorist attack. In response to that tragic day, the Association of Trial Lawyers of America created Trial Lawyers Care (TLC). TLC was a group of more than 2,000 lawyers from across the country who, on a pro bono basis, represented the victims of 9/11 and their families as they negotiated a complicated compensation system established by Congress. Golomb & Honik lawyers had the privilege of representing the motivational speaker’s family in this process—compiling hundreds of pages of documents, completing the extensive forms necessary to obtain an “award” through the compensation system, hiring economic experts, and attending a hearing in New York. His family received more than $1.5 million.

Confidential Settlement For Diabled Cardiologist A cardiologist, who was insured by a major insurer of individual disability benefits, suffered from ulcerative colitis for many years. In 1999 his condition exacerbated and he became unable to continue his clinical practice as a cardiologist and, ultimately, became disabled. Because he was unable to continue his duties as a clinical cardiologist he sought employment elsewhere and became an in-house medical director at a public company earning a fraction of what he had earned in private practice. In the meantime, the defendant insurer denied both residual and total disability benefits without so much as a peer review of the records in question - let alone an independent medical examination. As a result of the denial, Golomb & Honik attorneys instituted suit on behalf of the plaintiff cardiologist claiming a breach of contract and bad faith under New Jersey law. Despite the very stringent standard applied to bad faith cases in New Jersey, the claim survived a Motion to Dismiss and extensive and contentious discovery ensued. After multiple depositions; extensive written discovery; mediation; and, ultimately, a settlement conference with a federal magistrate, the claim settled just prior to trial.

Confidential Settlement for Disabled OB/GYN

Beginning in December, 2002, the plaintiff physician suffered a seemingly endless succession of serious medical conditions leaving him totally disabled. He underwent multiple surgeries and his chosen career came to an end. After the onset of his disability, plaintiff physician presented a disability claim from the date of his December, 2002 disability onward. Initially, long term disability benefits were approved by the defendant insurance carrier and payments began as of July 22, 2003. From July, 2003 to June, 2005 plaintiff continued to receive benefits until, after 24 months, the defendant insurance carrier unilaterally terminated plaintiff physician’s benefits citing various provisions under the ERISA policy. Problem was, the policy under which plaintiff physician was receiving benefits was not an ERISA policy.

Golomb & Honik lawyers instituted litigation on plaintiff’s behalf for him to receive his benefits under the policy and for bad faith as a result of defendant insurance company’s attempt to deny plaintiff physician benefits under ERISA provisions which did not apply to this contract. After comprehensive discovery, defendant insurance company offered mediation in an attempt to resolve this case. At mediation, the claim was settled for a confidential amount which encompassed compensatory and bad faith damages.

Seven-Figure Confidential Settlement for Nursing Home Abuse The wheelchair used at a group home for disabled adults had a history of chronic maintenance problems. Despite being fitted for a seatbelt, the patient was repeatedly found on the floor after having slipped from the chair. The home failed to fix the chair, which ultimately led to the disabled woman slipping from the belt in such a way that it strangled her to death while she was unattended. Golomb & Honik attorneys achieved a confidential seven-figure settlement for her estate and motivated the home to institute seminar training for its entire staff to prevent incidents of this kind in the future.

Aerospace, Machinist, and Electronic Workers Exposed to Beryllium Golomb & Honik represents thousands of aerospace, machinist, and electronic workers across America in personal injury and medical monitoring claims arising from occupational exposure to beryllium. In such far flung jurisdictions as Mississippi, Massachusetts, Georgia, Louisiana, California, New Jersey, and Pennsylvania, Golomb & Honik has brought claims on behalf of these workers and their families, who have been exposed to “take-home” beryllium on worker clothes and shoes. These claims seek significant personal injury awards for those who have contracted chronic beryllium disease (CBD), as well as for those who have been beryllium sensitized. Medical monitoring is sought for those whose exposure leaves them at lifetime risk of contracting sensitivity and disease.

Confidential Settlement In Listeriosis Wrongful Death Case Golomb & Honik represented the estate of a retired physician who died as a result of consuming Listeria-tainted turkey products. The action stemmed from a multi-state outbreak of Listeria between July and October 2002 that affected 54 people and caused eight deaths and three fetal deaths in pregnant women. The outbreak was eventually traced to two turkey producers in the Philadelphia area.

Over the course of discovery Golomb & Honik attorneys worked with epidemiologists, molecular biologists, and infectious disease experts, and confirmed that the Listeria that caused their client’s death came from those facilities. The federal judge hearing the case granted plaintiffs' motion to proceed under the alternative liability theory, under which the plaintiffs were relieved of the requirement to show which of the two defendants' products caused their injuries because the defendants "acted in substantially the same manner at about the same time and are the only potential sources of the strain which caused plaintiffs' injuries."

The case eventually settled after the start of trial for an confidential sum.

$1.25 Million for Worker who Fell After the outrigger of a concrete mixer was placed on unstable ground, the mixer tipped, causing its boom to knock a construction worker into a concrete foundation. His neck and shoulder injuries disabled him for years. Golomb & Honik attorneys secured a $1.25 million settlement on the eve of trial.

$1 Million in Automobile Collision as a Result of Road Design Defect Driving to her daughter's recital one evening, plaintiff, a then 41-year old mother of two, was operating her automobile in rural Bucks County, Pennsylvania. At approximately the same location, a driver of a pick up truck was traveling in the opposite direction on the same roadway. As both vehicles entered a curve on the roadway, the other drive briefly lost control and in doing so his front right tire went off the edge of the roadway. As he attempted to get the vehicle back onto the roadway, the vehicle lurched to his left, crossed the double-yellow dividing lines and struck plaintiff's vehicle head on causing serious and disabling injuries.

Golomb & Honik lawyers filed suit and in the process of discovery learned that the drop off at the accident location was in excess of eleven (11) inches in spots along the shoulder of the roadway in violation of Commonwealth law and, additionally, learned that a private contractor had completed repaving the roadway in question just three weeks prior to the subject accident.

After exhaustive discovery in which more than twenty (20) depositions were taken, and after several days of settlement negotiations with a number of defendants, the case settled for $1 Million.

$1 Million Settlement for Young Child After her family’s landlord refused to remove lead-based paint from the apartment where she lived, a young girl suffered cognitive and other developmental delays. Critical neurological and neuropsychological evaluations were prepared and submitted by plaintiff’s experts, facilitating a structured settlement over the minor plaintiff’s lifetime that exceeded $1 million. As a further result of the litigation, the landlord was forced to abate the lead paint conditions so that the residence would no longer pose a risk to the young girl, her family, or future residents.

$1 Million in Interstate Collision Driving home one day, a man braked to a stop when he came across an accident being cleared on the interstate. Before he could begin moving again, he was rear-ended by a tractor-trailer going more than 45 miles per hour. His vehicle was thrown into the air and traveled more than 20 feet. Golomb & Honik attorneys established that the truck driver had looked down for a period, leading to the accident. After complex negotiations due to insurance coverage issues and the participation of multiple parties, the case was settled for $1 million.

$1 Million for Paraplegic Victim of Bad Faith After a man was rendered a paraplegic in a motor vehicle accident, he required extensive medical care on both an in-patient and outpatient basis. At a certain point in his recovery, he was home and receiving physical therapy on a daily basis; his rehabilitation specialist prescribed outpatient physical therapy at the rehabilitation hospital where he had spent months as a patient. The outpatient physical therapy would allow him to transfer himself from his bed to a wheelchair and, ultimately, teach him how to drive a specially equipped van so that he could be self-sufficient. His insuring HMO, while agreeing to pay for the outpatient physical therapy, refused to pay for the transportation services to and from that therapy, and paratransit service was unavailable. The HMO’s refusal to pay for the transportation for outpatient services essentially left the patient alone at home without treatment. As a result, he suffered extensive bedsores and required hospitalization on five separate occasions. Bad faith litigation was instituted against the HMO by Golomb & Honik attorneys, who overcame preliminary objections and motions to dismiss based on various "HMO immunity" statutes. During the course of discovery, it was clearly determined that the HMO administrators who denied the claim did so in bad faith by misapplying their own policy language. Upon completion of depositions, the case settled for $1 million.

$850,000 Verdict in Electrocution Death A business hired a "handyman" to change bulbs in their electric sign. Before doing so, he turned off the main power supply. While he was on a ladder changing the bulb, an employee of the business turned the power back on, killing the handyman by electrocution. The defendant business claimed that the handyman never turned the power off at all, blaming him for his own death. Golomb & Honik attorneys produced evidence from the power company’s metering service that demonstrated that the power had been turned off and back on again within the relevant time frame. The trial ended in a plaintiff’s verdict and an award of $850,000 for the estate of the deceased.

$750,000 Settlement for Faulty Hinge Design The general manager of a popular Philadelphia restaurant was closing an awning during a windstorm when the awning was struck by a gust, came loose from its base, and threw him more than 50 feet, causing severe and debilitating injuries. In a lawsuit against the awning installer and the manufacturer of the faulty hinges, Golomb & Honik attorneys were able to demonstrate that a different design of hinge would have prevented the accident. The case settled on the eve of trial for $750,000. The hinge company subsequently changed their design to the specification of Golomb & Honik’s case, thus reducing the likelihood of similar accidents happening again.

$500,000 for Man Injured During Car Theft A man parked his car across the street from a Philadelphia market and went food shopping. He returned just in time to see a thief starting to drive his car away. The man approached the vehicle and was hit, receiving serious injuries that left him disabled. Since the vehicle was stolen, he was not covered by liability insurance, so an uninsured motorist claim was made on his behalf. The insurance company denied coverage, citing a policy provision that did not allow for coverage under its own definition of an “uninsured motor vehicle.” A declaratory judgment action was filed to determine coverage, and the Federal Court found in the plaintiff’s favor, allowing him the opportunity to recover $500,000 in uninsured motorist benefits. In accepting the arguments made by Golomb & Honik lawyers, the court stated that the exclusion relied upon by the insurance company was “contrary to a clearly expressed public policy.... [E]nforcement of the exclusion would result in a premium-paying, fully insured driver being denied coverage for his injuries.”

$500,000 for an Estate Victimized by Legal Malpractice Five years after initially suffering post-traumatic seizure disorder, a casino engineer was weaned off one medication and put on another by his treating neurologist. The neurologist did so in too rapid a fashion, in violation of the product requirements, and ultimately caused a grand mal seizure resulting in death. The casino engineer was a resident of New Jersey, while the treating physician was from Pennsylvania. As a result of the Pennsylvania neurologist’s malpractice, the estate hired a New Jersey attorney who filed suit against the neurologist less than a week before the expiration of the statute of limitations in New Jersey. The matter was dismissed almost immediately for lack of jurisdiction, and the legal malpractice case ensued. Golomb & Honik attorneys filed suit in New Jersey for legal malpractice and at trial succeeded in proving the legal malpractice claim as well as the underlying medical malpractice claim. A $500,000 judgment was entered on behalf of the estate.

$445,000.00 for Worker Injured by Engine Explosion Plaintiff, was a 40-year old father of four and heavy machinery repairman who was working on the engine of a salt spreader unit. After making the necessary repairs to the engine, he turned the engine on to insure that the engine was now properly running. As he turned the engine on, he was struck in the orbital area of his right eye by a fragment of the starter ring gear which shot from the engine housing of the engine. The ring gear shattered and the portion of it which struck the plaintiff escaped from the engine's housing due to the defective design, material selection and manufacture of the engine and its component parts. As a result, the plaintiff suffered severe physical injuries as well as substantial economic loss and a products liability action was filed by Golomb & Honik lawyers. After extensive discovery and with the assistance of national recognized experts, Golomb & Honik attorneys were able to secure a settlement in the amount of $445,000.00.

$390,000.00 Verdict for Child Molested in Daycare FF, as a four year old child, was molested while attending a Philadelphia daycare center. She did not tell anyone for more than two years although her behavior changed dramatically in the year the incident occurred. At the age of six, FF was watching a television program with her mother when a segment on pedophilia came on the screen. At that point, FF told her mother what had happened two years earlier when she was molested by the teenage son of the owner of the daycare center. Philadelphia Police and the Department of Human Services were contacted and, ultimately, the teenager was arrested, convicted and incarcerated. G&H attorneys filed a civil lawsuit seeking damages for the child who underwent inpatient and outpatient therapy for a period of years. After extensive discovery and trial in the Philadelphia Court of Common Pleas a verdict was entered for the child in the amount of $390,000.00.

$380,000.00 for Victim of Truck Accident A woman went to a local seafood restaurant with her niece and nephew to purchase dinner for the family one evening. While doing so, they entered the parking lot in a vehicle driven by plaintiff's nephew and a tractor trailer bounded toward them at a slow rate of speed down a decline in the restaurant parking lot. After realizing that the tractor was unoccupied, they were struck in the front end causing significant property damage to the SUV plaintiff occupied and extensive personal injuries which resulted in a laminectomy and fusion in the lumbar area. Golomb & Honik attorneys established that the truck driver failed to engage his emergency brake causing the accident. After extensive discovery, the matter was mediated with the assistance of a retired judge and the case was settled for $380,000.00.

$350,000.00 for Victim of Carbon Monoxide Exposure A woman was a tenant in a Center City Philadelphia apartment building that had recently been purchased by a new owner. It was the intention of the owner to remodel the common areas of the building and to reconstruct the ground floor space which was being reconstructed for use as a grocery store. In anticipation of the construction, the defendant owners served 30-days written notice to vacate on the tenants. However, construction began on the retail space and common areas well before the thirty days expired and while the plaintiff-tenant still lived in the building.

As a result, during demolition that took place while the building was still inhabited, carbon monoxide was leaked when an old heating system was removed. The carbon monoxide leak was discovered by a local licenses and inspections inspector after he was called to the building by a tenant via a 911 call. It was learned that the leak took place several days prior, so the tenants had been exposed to carbon monoxide for several days.

As a result, the building was immediately vacated forcing the tenants out of the building and the woman was hospitalized for carbon monoxide exposure.

Golomb & Honik attorneys filed suit against the building owner and it was determined that, not only did defendant owner not abide to the 30-days written notice to vacate they gave to the tenants, but several days prior to the demolition in question, the building owner promised local police that they would not begin construction until the 30 days expired and the tenants were able to vacate the premises. The case settled just prior to trial for $350,000.00.

Maximum available insurance recovered for aneurysm resulting from motor vehicle accident. A man and his wife were struck and injured in a seemingly conventional two car motor vehicle collision. Eight months following the accident the husband-driver suffered an aneurysm of his subclavian artery that led to an occipital stroke. Golomb & Honik lawyers filed suit and alleged that the aneurysm and resulting complication were all the result of the original motor vehicle accident.

Despite substantial opposition to Golomb & Honik's theory of liability in which the defense employed several medical experts who denied the causal relationship between the aneurysm and the motor vehicle accident, Golomb & Honik succeeded not only in establishing medical causation for its client but secured a settlement of all of the available insurance benefits for a total settlement of $335,000.00.

BACK TO TOP

Confidential Settlement for Improperly Filled Prescription An actively employed 70-year-old woman had for years taken medications to treat her low blood pressure and thyroid condition. In the summer of 2001, she picked up her prescriptions at a local nationally franchised pharmacy and began taking them, as has been her custom for more than 30 years. Within days she noticed tightness in her chest and shortness of breath, and she was hospitalized after testing revealed that she had had a heart attack. She had never had any cardiac symptoms or even been seen by a cardiologist, and it was discovered that the pharmacy had dispensed the wrong medicine. In fact, she had been given the medicine of another woman with a similar name. The combined effect of not having her correct medication and taking the wrong medicines caused a heart attack resulting in permanent heart damage. As a result she became disabled from employment and is now under regular cardiac care. In discovery, Golomb & Honik lawyers established the clear negligence of the pharmacy; liability was admitted, and the case was resolved confidentially through binding alternative dispute resolution.

Confidential Settlement in Quadriplegia Case A young woman was afflicted from birth with a skeletal abnormality that confined her to a wheelchair by the time she entered high school. Her congenital condition placed her at risk for spinal compression and paralysis, but for a period of weeks she suffered from advancing spinal compression that was tragically ignored by her primary care physician and subsequently in an emergency room. As a result of the failure to diagnose and treat this condition, she suffered incomplete quadriplegia. Despite the presence of her significant pre-existing medical conditions and disability, Golomb & Honik was successful in obtaining a significant recovery for her and her estate (she died of unrelated causes after suit was commenced), thereby demonstrating the value and importance of life even when the individual harmed has already suffered a previous disability.

Confidential Settlement in Overturned Forklift Case Forklifts have a known propensity to tip over and are typically fitted with seat belts and hip restraints to protect drivers from the worst injuries. In recent years many have even been recalled for fitting with such devices. A 17-year-old apprentice bricklayer was driving a forklift when it tragically overturned, crushing his leg and causing massive, lasting injuries. Golomb & Honik attorneys established the safety failures on the part of those who manufactured and maintained the forklift, leading to a confidential seven-figure settlement that included the repayment of a workers’ compensation lien and continuing lifetime medical benefits.

Confidential Settlement in Food Cart Accident The “kitchen utility man” at a national chain restaurant was considered an exemplary employee. Part of his job was to receive and inventory food that was delivered from the defendant vendor on metal food carts manufactured by the defendant manufacturer. The food carts were approximately seven feet high and had three spring-hinged shelves that could be folded for stacking when not in use. On a brisk December day in 2000, this employee received and inventoried a food delivery. In violation of the defendant company’s policy, the deliverer failed to wait for the inventory to be completed so that the food carts could be gathered and taken away. Rather, the kitchen utility man completed receiving the deliveries, then folded and stacked the food carts in the corner of a small, enclosed bay area. Later that day, as he walked through the bay area to dump garbage, a gust of wind rattled the stacked food carts; one opened up at the hinges and, in a domino-like effect, caused a number of food carts to fall on top of the employee. He fell to the ground and struck his head directly on the pavement. He went into shock and had epileptic-type seizures, injured his back and shoulder, and became totally disabled. He had little recollection of what occurred due to his head injury, and there were no witnesses. After extensive research, Golomb and Honik lawyers discovered a paper trail detailing a history of the defendant vendor’s leaving carts behind even after being notified of the problem. The case was settled for a confidential amount.

Confidential Settlement in Catastrophic Injury Accident While attempting to negotiate a curve to the left, a New Jersey driver lost control of his vehicle, exited the roadway, and struck a tree. He suffered extensive orthopedic and neurological injuries that required a two-month hospital stay. A pre-litigation investigation conducted by G&H attorneys discovered that there had been at least 13 similar incidents in a three-year period preceding the accident—all occurring within 200 yards of the accident location. Engineers hired by G&H determined that there was a design defect in the highway that created a "pooling" effect during inclement weather, making the roadway exceedingly slippery. Additionally, it was determined during discovery that the guardrail at the curve in question had been taken down in a previous accident; the replacement was six feet shorter than the previous guardrail. The case settled confidentially just prior to jury selection.

Confidential Settlement for Hospital Neglect An otherwise healthy man in his mid-seventies was admitted into the hospital for brain surgery. After successful surgery, he was prepped for transfer from the intensive care unit to a regular medical-surgical room. During that process, he was left alone, fell from bed, and suffered a subdural hematoma that, after a lengthy hospital stay, ultimately caused his death. Suit was instituted and discovery ensued. Nobody from the hospital was present at the time of the fall, nor were the family members who had just been evicted to allow the transfer. The hospital challenged liability, insisting that the bedrails were left up and claiming they did nothing wrong. One of plaintiff’s experts stated that it was a physical impossibility for the man to lift himself over the bed-rails, given the surgery he had undergone just 24 hours earlier. Another expert opined that, in any event, he should never have been left alone. Depositions revealed that he had been left alone while the nurse retrieved a chart after his transfer to a gurney. The case was resolved for a confidential settlement during trial.

Confidential Settlement for Electrician Who Fell An experienced union electrician was performing electrical work in a ceiling more than 30 feet above the ground floor of a church. He was instructed to repair fixtures in the ceiling attic but was not warned that the attic area could not safely support his weight. In the absence of any warnings or instructions, he walked on the attic ceiling and fell through, more than 30 feet, to the floor. Golomb & Honik demonstrated an unsafe and dangerous work environment, including numerous OSHA and other workplace violations that would have necessitated the use of, among other things, safety mechanisms to prevent a fall of this severity. The man suffered extensive fractures from his pelvis to his feet and required extensive hospitalization and surgery. The case was successfully tried to verdict, and a subsequent confidential settlement was reached that included ongoing, lifetime medical care.

Confidential Settlement for Driver Injured by a Dangerous Load A long- distance truck driver regularly made stops between New Jersey to Florida. While delivering supplies in South Carolina, he began to open the trailer doors. The doors flew open, and hundreds of pounds of frozen foods landed on him, causing serious bodily injuries, including two comminuted fractures; the injuries required multiple surgeries and a lengthy hospital say in South Carolina. Suit was instituted against the trucking company that contracted the driver for this trip; it turned out that the produce had been loaded improperly, causing it to shift. When he opened the door, the load came down on him. Liability was vigorously disputed. The defendant employees blamed the driver, testifying that he was late due to mechanical problems earlier that day and "rushed" to get out of the depot. This defense theory was rebutted by records subpoenaed from the defendant trucking company, the local cellular phone service company, and a nearby convenience store where he had also made deliveries. After two days of trial, the case settled for a confidential amount in the high six figures. The settlement also included a separate amount and an actual account set up for the sole purpose of paying for future medical expenses.

Confidential Settlement for Injured Surgeon A surgeon who was insured against disability suffered multiple herniated discs resulting in multiple surgeries; he became totally and residually disabled in 2001. Although his condition was a serious one, he returned to work in a matter of months but was unable to perform some strenuous surgeries as before his injury. Once the waiting period on his policy expired, the surgeon made a claim on his own for residual disability benefits; the insurance company denied his claim. Golomb & Honik instituted suit on his behalf and included counts for breach of contract, bad faith, and violations of the Pennsylvania Unfair Trade Practices Act as well as other consumer laws. Golomb & Honik lawyers were able to establish bad faith on the part of the insurance company, including the way in which this individual case was handled. They also demonstrated a company-wide pattern and practice in misinterpreting their own policy language for the sole purpose of denying claims. The case settled shortly before trial for nearly ten times the compensatory claim for residual disability benefits.

Confidential Settlement in University Defamation Case A college used a former student’s photograph distastefully and without permission in marketing materials. As part of the settlement of a lawsuit, the college agreed to stop using the photograph and to destroy remaining copies. Yet a college official later gave the image to students, who used it in a racially offensive poster campaign. On behalf of the former student, Golomb & Honik attorneys won public apologies and a private settlement.

The victim-lawyer, through Golomb & Honik attorneys, brought an action against the defendant international insurance iompany for a breach of contract and the bad faith handling of the attorney's claim for disability benefits.

The attorney had a medical condition known as Crohn's Disease and, although diagnosed since early adulthood, worked continuously for several decades as a trial attorney. Beginning in November, 2000, he worked at his law firm on restricted basis and as a result collected a significantly reduced salary until the end of 2003 when his firm dissolved. At that time his conditioned worsened and he was unable to continue as a trial attorney or act as a litigation attorney in any form except to refer client matters to other attorneys.

The defendant insurance company denied his claim for disability benefits on the basis that his consultations with other attorneys referring matters, constituted a "new occupation" serving as a basis for the defendant international insurance company to deny disability benefits.

Golomb & Honik attorneys filed a complaint for breach of contract, unfair trade practices and consumer protection law, breach of fiduciary duty and bad faith. After exhaustive motion practice and pretrial discovery, the case settled for an amount which essentially represents the present rate of the total benefit the victim-attorney was otherwise entitled to until his 65^th birthday.

Confidential Settlement for Stillborn Birth A confidential settlement was reached on behalf of the family of a stillborn child who died as a result of the failure of the treating obstetrician to diagnose and treat gestational diabetes. The plaintiff went to her gynecologist in her 12^th week of pregnancy having already gained 23 pounds - a well known symptom of gestational diabetes. Subsequently, during the 22^nd week of pregnancy, a standard glucose tolerance test was performed to determine or identify the existence of gestational diabetes. Because the test was done weeks before the test is ordinarily given, no further glucose tolerance studies were performed nor was gestational diabetes ever diagnosed. In fact, despite a total weight gain of 83 pounds during the course of the pregnancy, at no time were any further studies (i.e., glucose tolerance test, ultrasound, etc.) ever ordered. Finally, in the 41st week of pregnancy, the woman was naturally induced and the baby was delivered stillborn at 11 lbs. 9 oz. Less than two weeks prior to delivery, the defendant obstetrician had estimated the baby's weight at 7 lbs. Golomb & Honik attorneys established the negligence in providing the glucose tolerance test too early during the course of the pregnancy essentially masking, otherwise what would have been a positive test. Additionally, the defendants failed to investigate other significant risk factors to assist in the diagnosis of gestational diabetes. As a result, the parties agreed to binding arbitration and the case was resolved confidentially through this alternative dispute process.

After his injury, the physician made a claim for benefits under his group and individual policies with the defendant insurance company. While the insurance company initially paid the physician the benefits he was entitled to, for several years he was terminated benefits based on the results of a functional capacity evaluation and defense medical examination concluding that he was able to return to work. As a result, Golomb & Honik attorneys filed suit against the defendant insurance company claiming breach of contract, breach of fiduciary duty, bad faith and violations of Pennsylvania's consumer protection law.

During the course of discovery, and with the assistance of nationally recognized experts, it was determined that given the type of injury the physician suffered leading to his disability, the functional capacity evaluation and defense medical examination were both flawed. Each examination failed to analyze whether the physician could perform the specific duties of his profession and neither examiner bothered to review the relevant medical records. In fact, during the course of discovery the defendant insurance company admitted in writing that the functional capacity evaluation performed was conducted under improper protocol. Despite this allegation, the defendant insurance company continued to refuse the physician benefits. After extensive discovery and with the assistance of eminently qualified experts, the case settled for a confidential amount which was essentially equal to the present value of 100% of the benefits that the physician was entitled to plus an amount for bad faith and counsel fees.