1. Class Action (Illegal Junk Faxes) Top
   $750,000 settlement
   Development company near Atlanta illegally sent unsolicited fax advertisements to over 1,500 persons or entities located in the Atlanta area. Defendants were in violation of the Telephone Consumer Protection Act (TCPA), which prohibits the transmission of illegal fax advertisements without the express permission or invitation from the recipient.

2. Medical Malpractice/Burn Injury Top
   $275,000 settlement
   A minor child sustained a burn injury to a toe during a procedure at a hospital. Hospital personnel improperly used a medical device during a lengthy radiological diagnostic procedure. The use of that device caused a full thickness burn to the great toe of the minor patient, which ultimately lead to the loss of the toe

3. Medical Malpractice Top
   $250,000 settlement
   Female, age 40, had surgery for the removal of an IUD. The physician/surgeon failed to timely recognize and respond to symptoms that indicated an injury to the bowel that had occurred during surgery. As a result of the bowel injury, our client developed an abdominal abscess, peritonitis with fluid, aspiration pneumonia with acute respiratory syndrome, deep vein thrombosis, pulmonary embolism, and septic shock.

4. Premises Liability (Slip and Fall) Top
   $150,000 settlement
   A 59-year old female resident of Columbia County, Georgia and retired from the University System of Georgia was shopping in a local discount department store in Augusta, Georgia when she tripped and fell over a pair of shoes that were lying in the middle of the aisle but hidden from view due to her pushing a buggy. Client sustained a spiral fracture of the distal third right tibia which required internal fixation. We were able to hold jurisdiction in the State Court of Richmond County, Georgia. Case settled at mediation after a favorable ruling on a Motion for Summary Judgment.

5. Medical Malpractice: Missed diagnosis; Wrongful Death Top
   $150,000 Settlement

6. Automobile Accident Top
   $150,000

7. Concrete Burns Top
   $130,000 settlement
   Male, age 41, sustained second- and third-degree burns to his lower legs as a result of working in wet concrete. The defendant, a ready-mix concrete company, failed to properly warn the plaintiff of dangers associated with working in and around wet concrete without proper protective equipment.

8. Premises Liability (Slip and Fall) Top
   $125,000 settlement
   A 72-year old woman suffered a broken right femur and shattered her artificial knee in entering a restaurant in Washington, Georgia. Client tripped over an entrance mat which was allegedly folded over and improperly maintained. Client required hospitalization and incurred extensive medical expenses associated with this injury. We were able to successfully hold jurisdiction in the Superior Court of Wilkes County, Georgia. Case was settled at mediation at the conclusion of discovery.

9. Slip-and-Fall Injury Top
   $125,000 settlement
   Female, age 70, tripped and fell over carpet entering a restaurant. The client sustained a compound fracture of the right distal thigh bone, large hematoma on her right thigh, and contusions and lacerations of her head.

10. Premises Liability (Slip and Fall) Top
    $115,000 settlement
    33-year old female slipped and fell in a Chatham County restaurant/bar. Investigation revealed that the cause of the fall was likely an olive that had been dropped from the bar area. Destruction of video surveillance depicting area of fall raised issue of spoliation of evidence. Client sustained right elbow radial head-neck fracture which necessitated two surgical procedures. The injured party was left with a permanent disability rating of 3% to the whole person. Defendant filed motion for summary judgment claiming that its housekeeping policies were adequate. Before Court ruled on pending motion, case was successfully mediated and resulted in a settlement of $115,000.

11. Medical Malpractice/Misdiagnosis Top
    Nicholson Revell obtained a six-figure settlement for a 42-year-old male who was misdiagnosed as having Hodgkin¹s disease. It was later discovered that the client suffered from Non-Hodgkin¹s Lymphoma. The proper diagnosis was not made until approximately six months after the initial treatment had begun, thus making it impossible to provide effective treatment for his condition. The plaintiff died approximately 18 months after the incorrect diagnosis was made.

12. Medical Malpractice/Nursing Home Top
    A six-figure settlement was achieved for the wrongful death of a 69-year-old female admitted to a nursing home with Alzheimer¹s disease. A care assessment plan assessed the resident as needing moderate assistance. The client suffered five separate falls. Despite the repeated falls, hospitalization and inquiries by family members to reassess the client, nursing home personnel did not reassess the condition for placement in a higher level of care and protection. The client suffered traumatic brain injuries from the falls, which caused her mental and physical condition to deteriorate rapidly, ultimately contributing to her death.

13. Automobile Collision Top
    $90,000 settlement
    Female, age 47, sustained a severe cervical and lumbar strain which incurred nearly $40,000 in medical expenses. The settlement was for the policy limits from both the liability insurance carrier and underinsured motorists¹ coverage.

14. Workers' Compensation Top
    $75,000 settlement
    Female, age 47, sustained a compression/axial loading injury to her lower back.

15. Automobile Collision Top
    $70,000 settlement
    Female, age 39, sustained a right soft-tissue laceration to her face, contusions on her thigh and abdominal wall, and a lumbar back strain. The plaintiff incurred over $12,000 in medical expenses and had limited loss of wages.

16. Sexual Assault on Resident in Personal Care Home Top 
    An elderly woman was a resident at a personal care home, where she was subjected to a sexual assault. The perpetrator was a developmentally disadvantaged relative of the owner of the home. Through investigation, Nicholson Revell learned the perpetrator had been discharged from a community living arrangement in which he was not properly supervised and monitored. A confidential settlement was reached with the owner of the community living facility that negligently released the perpetrator without following proper procedures.

17. Products Liability/Wrongful Death Top
    Nicholson Revell served as co-counsel representing families of three college students who were killed in a rollover collision. Claims brought included defective design of the vehicle, which rendered the vehicle susceptible to rollover and thus not crashworthy. A confidential settlement resulted in a just compensation for the tragic deaths of three young persons.

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18. Consumer Class Action Top
    $11.9 Million Judgment
    Claim was asserted under the Telephone Consumer Protection Act that prohibits sending unsolicited fax advertisements.  Certified Class of claimants consisted of 1,321 businesses and individuals who received unwanted fax advertisements over a six (6) week period.  Jury trial resulted in $11.9 Million Judgment.

19. Consumer Class Action/Breach of Warranty Top
    $10.3 Million Settlement
    Settlement of nationwide Consumer Class Action against manufacturer of home air conditioning units for breach of contract and breach of warranty. Evidence showed units were defective and could not be repaired to function properly.

20. Consumer Class Action/Insurance Coverage Top
    $7.5 Million Judgment/Settlement
    Claim was asserted against three (3) insurance companies to collect judgment rendered in consumer class action arising under the Telephone Consumer Protection Act. Insurers refused to pay judgment rendered against the insured after jury verdict and then denied coverage for claim. Summary Judgment for $5 Million policy limits obtained against excess carrier, which was later affirmed on appeal. Settlement with other 2 insurers consisted of $1 Million of policy limits from primary insurer and $1.4 Million from others.

21. Medical Malpractice/Paraplegic Top
    $5.9 Million Settlement
    67 year old female presented to the emergency room with complaints of chest pain. EKG was performed and showed 12 abnormalities. Patient remained in the ER for over 3 hours without seeing a physician, suffered a heart attack and coded. Failure to treat properly rendered patient a paraplegic and unable to speak. Constant attendant care now required.

22. Consumer Class Action-Insurance Benefits Top
    $3.6 Million Settlement
    Nicholson Revell LLP served as lead counsel for a certified class of Georgia consumers who were not paid certain benefits on their first party total loss vehicle claims.  The insurer refused to pay sales tax and transfer fees for tag and title as part of the amount paid on total loss vehicle claims.  Following the entry of favorable ruling in the trial court on the central legal question the insurer appealed to the Georgia Court of Appeals.  Before a decision was reached, the claim was settled for $3.6 Million, which resulted in significant payments to more than 19,000 Georgia consumers.

23. Product Liability/Propane Gas Explosion/Burn Injury Top
    $2.3 Million Settlement
    55 year old minister burned over 60% of his body when a propane gas heater exploded at his church. The gas company failed to turn off a valve when they refilled the tank located on the outside of the church. Gas Company also failed to notify the church that the tank had been refilled and failed to give proper instruction to contact company before re-lighting heater.

24. Industrial Accident/Burn Injury Top
    $1.25 Million Settlement
    43 year old male was severely burned while working in a chemical plant. Claimant was adding a chemical known as lupersal 575 to a reactor. As he was pouring the chemical into the reactor a huge explosion took place engulfing the claimant in flames. The claimant sustained third degree burns to over 45% of his whole body. Medical expenses incurred were over $570,000 and claimant has a 64% permanent disability to his whole person. Suit was brought against manufacturer of lupersal and the designer of the plant where the claimant was working. Claimant previously had all medical bills paid by workers’ compensation and received a settlement for total disability from workers’ compensation.

25. Eminent Domain/Land Condemnation Top
    $1 Million Settlement
    The Georgia Department of Transportation threatened eminent domain proceedings to acquire a portion of certain property on a roadway where a fast food restaurant business was operating. The available evidence showed that the business operation would likely suffer a significant loss in business and reduction in land value because of the roadway project. The $1 Million settlement included just and adequate compensation for value of the land taken, plus consequential damages to the remaining land plus business damages to the fast food restaurant business.

26. Medical Malpractice/Misdiagnosis of Breast Cancer Top
    $750,000 Settlement
    50 year old female brought a medical malpractice action against the radiologist who failed to recognize a nodular density on her right breast on a mammogram. This nodular density was diagnosed a year later as being malignant. The failure to detect this nodular density prevented the claimant from having better prognosis for cure and survival.

27. Medical Malpractice/Wrongful Death Top
    $595,000 Settlement
    Federal Tort Claims Act
    Wrongful death of 36 year old female for medical negligence due to misdiagnosis of cancer. Deceased went to various clinics and emergency room at military hospital a total of 21 times in a nine month period with symptoms and clinical findings. Deceased died from cervical/ovarian cancer that was not diagnosed properly by medical personnel.

28. Premises Liability/Industrial Accident Top
    $460,000 Settlement
    Settlement for 35 year old male working at local industry when he was struck in face by machinery. Severe injury inflicted to lower jaw and several teeth. Claimant also sustained TMJ injuries. Defendant was negligent in failing to turn off pressure in line causing 75 lb. expander plug to hit claimant in the face.

29. Medical Malpractice/Spinal Cord Injury Top
    $430,000 Settlement - Federal Tort Claims Act
    Settlement for 24 year old male who was a victim of medical malpractice by a local neurosurgeon and radiologist at a local hospital for failing to properly diagnose and treat a spinal cord cyst. The claimant is permanently disabled and is unable to be gainfully employed because of medical negligence.

30. Automobile Collision Top
    $350,000 Settlement
    Four year old minor child involved in a motor vehicle collision while a passenger in a vehicle being driven by his mother. The mother's vehicle collided with a vehicle driven by an employee of a lawn care business who negligently turned into the path of mother's vehicle. Minor sustained sixth nerve palsy, subarachnoid hemorrhage and cervical spine injury that required hospitalization for approximately one month, including surgery to place shunt to relieve pressure. One component of the settlement included periodic payments through an annuity policy with guaranteed payout of more than $300,000 over the lifetime of the child.

31. Workers’ Compensation Top
    $350,000 Settlement
    36 year old male injured when he was struck in the back while driving a forklift at work. Claimant sustained a severed sciatic nerve in his back and paralysis to his right leg. Claimant has been totaled disabled since the date of injury.

32. Automobile Collision Top
    $245,000 Settlement
    52 year old female was involved in a motor vehicle collision while a passenger in a vehicle being driven by her daughter. Claimant was struck by a vehicle being driven by an off-duty police officer. Claimant sustained a broken hip, a broken leg, multiple facial lacerations and a pulmonary contusion. Injury to her hip caused her muscles to contract, which resulted in her left leg being one-half inch shorter than her right. Claimant was required to wear orthopedic shoes. Claimant sustained over $74,000 in medical expenses.

33. Railroad Grade Crossing Collision/Wrongful Death Top
    $235,000 Settlement
    47 year old resident of Burke County, Georgia was struck and killed by a Norfolk-Southern locomotive at a grade crossing in Jenkins County, Georgia, near Millen. Sight distances at the crossing were inadequate for a motorist to safely cross the intersection.

34. Auto Accident/Rear End Collision Top
    $225,000 Settlement
    Policy limits settlement for 72 year old female who was a passenger in a vehicle struck from rear and thrown into path of oncoming vehicle. Severe injury to right shoulder and arm – fracture of humerus. Medical expenses $66,000; 36% permanent impairment to right upper extremity; 22% permanent impairment to whole person.

35. Medical Malpractice/Wrongful Death Top
    $225,000 Settlement
    Wrongful death of 58 year old man who presented to Veterans Administration medical center Life Support Unit with symptoms of shortness of breath, elevated temperature and persistent cough. Medical personnel failed to order chest x-ray and blood work. Deceased was sent home and died 18 hours later from acute respiratory failure.

36. Medical Malpractice Top
    $200,000 Settlement
    Settlement for 50 year old male who fell and injured his back and neck while he was a patient in a hospital. Nursing personnel failed to implement proper procedures to prevent claimant from getting out of his bed by himself without assistance. Plaintiff sustained a compression fracture of his cervical spine, which required surgery.

37. Automobile/Motorcycle Collision Top
    $190,000 Settlement
    26 year old male, active duty Air Force, was struck by another vehicle while riding his motorcycle. Claimant sustained a fracture of both bones in his lower right leg and also a ligament injury to his left knee. He also sustained an injury to his left thumb. Medical expenses totaled over $40,000. He had an eight percent permanent partial disability to his whole person.

38. Medical Malpractice/Wrongful Death Top
    $125,000 Settlement
    Settlement for wrongful death of 80 year old woman who fell in hospital after a cardiac catheterization procedure and died two days later due to a subdural hematoma. Hospital nurses failed to monitor the patient properly.

39. Auto Accident/Passenger Top
    $100,000 Settlement
    21 year old male passenger in a vehicle struck by grading vehicle owned and operated by a construction company doing work on the roadway. Claimant suffered permanent facial scarring and incurred medical expenses of $13,000.

40. Premises Liability/Negligent Security Top
    $100,000 Settlement
    Settlement for 30 year old male shot while on hotel premises during special event. Claimant sustained gunshot wound to his jaw and incurred $56,000 in medical expenses. Settlement was with owners of motel and radio station event sponsor. Defendants failed to provide adequate security by protecting guests and participants from harm.

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Nicholson Revell LLP
Augusta Georgia Injury Attorneys

Gateway Professional Center
4137 Columbia Road
Augusta, Georgia 30907