Personal Injury News: Pick Of Last Month: April-2025
Jury Rules Norfolk Southern Must Pay $600M Settlement
The company that owned the railcar involved in the 2023 East Palestine, Ohio train derailment will not be held financially responsible for the $600 million class-action settlement Norfolk Southern agreed to pay residents.
An Ohio jury ruled that GATX Corporation, the owner of the railcar whose bearing failed and led to the derailment, is not liable for the damages.
Jury Sides with GATX
Despite the fact that a failed bearing on a GATX-owned railcar carrying plastic pellets triggered the February 3, 2023, derailment, the jury determined that GATX is not accountable for the resulting settlement. GATX has consistently argued that Norfolk Southern was responsible for operating, inspecting, and safely delivering all railcars. Following the verdict, the company said it was satisfied with the outcome, which confirms its belief that the railroad bears full responsibility.
Norfolk Southern Responds with Disappointment
Norfolk Southern expressed disappointment in the jury’s decision but emphasized that it remains committed to supporting the affected community. The railroad pointed out that it has been covering all costs associated with the derailment for over two years. Norfolk Southern maintained that GATX should share in the responsibility and be held accountable for the accident.
OxyVinyls Reaches Separate Settlement
Last week, chemical manufacturer OxyVinyls reached a separate, confidential settlement with Norfolk Southern related to the same derailment case. The resolution followed concerns raised by the railroad’s attorneys over inconsistent information provided by OxyVinyls about the necessity of a controversial vent-and-burn operation. According to the National Transportation Safety Board (NTSB), the burn, which released toxic vinyl chloride, was ultimately unnecessary. Investigators found that the tank cars were cooling and the railroad disregarded OxyVinyls’ expert advice.
Debate Over Railcar Maintenance
Norfolk Southern also argued that GATX should have been more proactive in maintaining its railcar, particularly since it had been exposed to floodwaters during Hurricane Harvey in 2017. The railroad suggested the flood may have compromised the bearings and that GATX should have addressed any damage. However, GATX responded that it complied with all maintenance regulations and that if any issues had existed, Norfolk Southern should have identified and repaired them.
Final Cause: Overheating Bearing
The NTSB’s investigation confirmed the derailment resulted from a failed bearing on the GATX railcar. Although trackside sensors detected the bearing was heating up, it did not reach the temperature needed to trigger an alarm until moments before the crash, leaving the crew with little time to react.
Veteran Receives $10.6M Verdict for Motorcycle Crash
A Volusia County motorcycle rider who was seriously injured in a Daytona Beach Shores crash has been awarded a $10.6 million verdict by a jury.
This came after the rider rejected a settlement offer of just $90,000. The jury determined that the woman responsible for the accident was negligent.
Details of the Crash
On March 31, 2022, the rider was traveling north on State Road A1A on his Harley-Davidson. Meanwhile, a woman from Michigan was driving in the opposite direction. The woman turned left into the rider’s path without yielding, causing the crash. The rider attempted to avoid the collision but was unable to do so, resulting in serious injuries.
Injuries and Ongoing Medical Needs
The rider sustained extensive injuries, including a herniated disc in his neck, a torn rotator cuff, and aggravation of an existing back injury. He also suffered facial scarring. After undergoing surgery on his lower back, he still requires surgeries for his neck and shoulder.
Jury’s Verdict and Award
The jury found that the woman was negligent and awarded the rider a total of $10.6 million. This includes $206,000 for past medical expenses and $560,000 for future medical expenses. For pain and suffering, the jury awarded $1.5 million for past damages and $8.5 million for future damages, factoring in disability, mental anguish, and loss of enjoyment of life.
Driver’s Legal Consequences
The woman responsible for the crash was cited for failing to yield during her left turn. In a separate legal matter, she pleaded no contest to the charge and was fined $155 and required to attend traffic school.
Widow Wins $1.3M in Veteran's Medical Malpractice Case
A woman from Buxton has been awarded $1.3 million by a U.S. District Court judge after filing a medical malpractice lawsuit against the federal government on behalf of her late husband.
The case stems from the mistreatment of her 69-year-old veteran husband at Togus VA Medical Center in April 2020.
Veteran’s Medical Treatment and Tragic Outcome
In early April 2020, the veteran reported experiencing stomach pain and was admitted to the Togus VA Medical Center. Over the course of three days, medical staff administered dangerously high doses of opioid painkillers combined with a conflicting sedative. Despite automatic safety alerts warning against these excessive dosages, the hospital staff reportedly overrode the warnings. The lawsuit claims no one properly monitored or adjusted the medications, leading to a tragic outcome.
Cause of Death and Federal Negligence
The dangerous combination of drugs led to the veteran suffering cardiac arrest. He was transferred to Maine Medical Center in Portland, where he spent weeks in a semi-conscious state before passing away. The federal government admitted negligence in the care provided to the veteran, which contributed to the settlement.
Hope for Reform at Togus VA
The attorney representing the widow emphasized that the veteran, who risked his life for others, deserved better treatment. The widow's legal team hopes this case will lead to reforms at Togus VA to prevent similar tragedies in the future.
Stanislaus Co. to Pay $22.5M in Wrongful Murder Case
Nearly six years after a jury acquitted a criminal defense attorney and seven others of a 2012 murder, the Stanislaus County Board of Supervisors has approved a $22.5 million settlement for the wrongful accusations they faced.
Murder Case Sparks Widespread Arrests
The case began in March 2012 when a 26-year-old man went missing. Months later, on August 19, 2013, hunters discovered his body in a forest near Yosemite National Park. By August 2015, the investigation led to the arrests of eight individuals: the defense attorney, his wife and daughter, two brothers who operated a liquor store in Turlock, and three California Highway Patrol officers.
Controversial Allegations and Long Legal Proceedings
A criminal complaint alleged that the attorney had left valuables visible on his property to attract burglars while armed security was present. Law enforcement claimed the deceased man had a history of stealing antiques and reselling them. The case attracted public attention due to the number of prominent defendants and the unusual nature of the allegations.
During the 18-month preliminary hearing, charges against the attorney’s wife and daughter were dropped. The remaining defendants faced trial for 17 months until a jury in June 2019 found them all not guilty.
Civil Lawsuit and Settlement
After their acquittal, the eight defendants filed a lawsuit alleging false arrest and malicious prosecution. According to the legal team, the defense attorney died on August 12, 2020, reportedly after falling ill while in jail awaiting trial.
“This case is a stark reminder of the damage that unchecked power can cause,” said one of the attorneys representing the plaintiffs. “Thankfully, justice was served in part through this substantial settlement.”
Payouts and Unanswered Questions
Each of the eight individuals will receive at least $1.5 million, with $4 million allocated to the estate of the late attorney. As of now, it remains unclear whether authorities have pursued any additional suspects in the case since the 2019 acquittals.
Ramsey County to Pay $3.6M Over Inmate Deaths
Ramsey County has agreed to a $3.6 million settlement following a federal civil rights and disability discrimination lawsuit related to the death of a man who experienced a medical emergency while in custody at the Ramsey County Jail in August 2022.
Medical Emergency and Delayed Treatment
According to the lawsuit, the victim was discovered unresponsive in his jail cell on the day he was scheduled to be released. He was transported to the hospital but never regained consciousness and died on August 27, 2022.
Visible Injuries and Known Medical Condition
During the booking process, the man showed clear signs of physical trauma, including a forehead laceration and extensive bruising. Attorneys stated that jail staff were informed of his hemophilia—a serious bleeding disorder that requires clotting medication if injuries occur.
Neglect Over Three Days of Incarceration
Despite knowledge of his condition, the man reportedly did not receive necessary medical care. While held for three days on a petty drug possession charge—after police were called when he was found sleeping on his mother’s porch—he suffered a brain bleed. The lawsuit claims he showed obvious neurological symptoms for about 30 hours, which were ignored by corrections staff.
Death and Legal Consequences
Ultimately, the man was found unresponsive in his cell. His death and the alleged lack of medical attention led to the federal lawsuit and the recent multimillion-dollar settlement.
Final Fairbanks Four Member Gets $11.5M Settlement
An Alaska Native man, the last of the so-called Fairbanks Four, has reached an $11.5 million settlement with the City of Fairbanks after alleging that police acted with racial bias in the 1997 murder case of a white teenager.
He and three other Indigenous men were wrongfully imprisoned for nearly 20 years before their convictions were vacated in 2015.
Final Settlement and Case Dismissal
The U.S. District Court Judge officially dismissed the long-running civil lawsuit against the city and its police officers at the request of all parties involved. This marks the final legal resolution for the group, as the other three men previously settled with the city’s insurance carrier for $1.59 million each in late 2023.
Statement from the Plaintiff
In a statement released by one of his legal representatives, the plaintiff emphasized the emotional toll of his wrongful incarceration. “No amount of money will ever truly compensate for the years I lost as an innocent man,” he said. “But this settlement gives me the freedom to move forward and spend valuable time with my daughter and parents, who stood by me through it all.”
City Denies Liability
Fairbanks city officials confirmed the settlement, which will be paid out through a structured schedule ending by October 1, 2026. However, they emphasized that the agreement does not constitute an admission of guilt or responsibility on the part of the city or its officers.
Vindication and Legal Milestones
Attorneys for the plaintiff described the agreement as a “complete vindication” of his innocence, which he had upheld with “extraordinary dignity” for nearly three decades. The settlement follows a 2015 civil case hearing that led to the vacating of the convictions. That hearing reexamined evidence and introduced the possibility that someone else may have killed the 15-year-old victim.
Disputed Release Agreement and Court Ruling
Though the men agreed not to sue the city as part of their 2015 release, they later argued that this agreement was coerced. A federal appeals court agreed, allowing their civil lawsuits to proceed. This paved the way for the recent settlements.
Ongoing Investigation
Despite the vacated convictions and settlements, the Fairbanks Police Department continues to list the case as “open/active,” and no new suspects have been publicly identified.
Community and Advocacy Response
Alaska Native leaders have long contended the case was racially motivated and pushed for justice. The settlements mark a significant chapter in a decades-long fight against wrongful convictions and systemic bias.
NY Doctor Owes $1.6B to 100+ Women for Abuse Claims
Beginning in the 1980s, law enforcement and health officials in New York began receiving complaints from young patients about a well-regarded pediatrician operating out of his home basement office on Long Island.
Despite numerous allegations of sexual abuse, the doctor was never criminally charged.
Medical License Revoked, but No Charges
It wasn't until the pediatrician approached retirement in 2000 at age 65 that he lost his medical license. The revocation came after several women came forward with testimonies of abuse. Yet, for years, no criminal charges were brought against him, and many of the complaints were dismissed or ignored.
Court Awards $1.6 Billion to 100+ Former Patients
Now, more than two decades later, over 100 of his former patients have received long-awaited legal recognition of their trauma. In March 2024, a Long Island court ordered the former doctor to pay a total of $1.6 billion in damages to the victims. The case marks one of the largest cumulative judgments against an individual in U.S. history for sexual abuse.
Survivors Find Mixed Relief
One survivor, now a 63-year-old Episcopal priest living in Las Vegas, was awarded $25 million. He described the verdict as both validating and frustrating. “I’m not sure if he’s really facing justice. He got away with it for so long,” he said. “But to hear a court say, ‘I believe you’ — that’s powerful.”
Accused Denies Allegations
The accused has continued to deny the abuse allegations, claiming his examinations were simply "thorough." Many survivors, however, described being examined alone, after their parents were asked to leave the room. The physician's attorney did not respond to multiple requests for comment.
Legal Action Enabled by Child Victims Act
For years, victims were barred from filing lawsuits due to New York's statute of limitations. That changed with the passage of the Child Victims Act in 2019, which opened a temporary window allowing survivors of childhood sexual abuse to pursue civil claims.
Legal Representatives Speak Out
A Philadelphia-based attorney representing many of the women emphasized the significance of the case: “For decades, these women were silenced and dismissed. Now, they cannot be ignored.” A Long Island attorney representing the group said the damages ranged from $500,000 to $32 million.
Judgments Reflect Trauma and Suffering
Some awards noted the enduring psychological damage suffered by the victims. In a $27 million award issued in April 2024, the court cited “profound and permanent” trauma. Another judgment from December 2024 described the pediatrician’s actions as “reprehensible.”
Lawsuits Against Hospitals Dismissed
The women also filed lawsuits against local hospitals and health care systems, alleging failure to act on warning signs. However, those claims were dismissed, leaving the former pediatrician as the sole party held financially accountable.
LA County Settles Juvenile Abuse Claims for $4 Billion
Los Angeles County has agreed to a $4 billion settlement to resolve nearly 7,000 claims of sexual abuse in its juvenile detention and foster care facilities, dating back to 1959.
The groundbreaking agreement, pending approval by the Los Angeles County Board of Supervisors, would become the largest collective sexual abuse settlement in U.S. history, surpassing the $2.6 billion settlement reached by the Boy Scouts of America in 2022.
A Long-Overdue Apology
Fesia Davenport, the county’s chief executive, issued a heartfelt apology on behalf of the county. “I apologize wholeheartedly to everyone who was harmed by these reprehensible acts,” she said, acknowledging the deep trauma endured by the survivors over the decades.
Abuse in Foster Care and Juvenile Facilities
The lawsuits were brought forward by thousands of individuals who claim they were sexually abused and mistreated while in the county’s care. These incidents occurred in various settings, including juvenile detention centers and foster care systems. The victims were able to sue under a 2020 California law that temporarily lifted the statute of limitations for survivors of childhood sexual abuse.
MacLaren Children’s Center at the Center of Allegations
A significant number of the claims stem from abuse at the now-defunct MacLaren Children’s Center. The facility, originally established in 1961 as a temporary home for children awaiting foster placement, became notorious for widespread mistreatment. Managed by the probation department until 1976, the facility later fell under the supervision of the Department of Children and Family Services before closing in 2003.
According to court documents, children at MacLaren were subjected not only to sexual abuse but also to solitary confinement, forced sedation, and physical restraint. One survivor recalled being molested by a physician at age 8, while another said he was assaulted by a male staff member in a bathroom at the age of 5.
A Step Toward Justice and Closure
One of the plaintiffs’ attorneys described the outcome as “bittersweet.” “Nothing can undo the damage that was done or the suffering these individuals have endured,” the attorney said. “But this settlement hopefully offers some measure of justice and closure.”
Part of a Larger National Reckoning
This settlement joins a growing list of large-scale abuse payouts by public and private organizations. In addition to the Boy Scouts’ $2.6 billion settlement, the Archdiocese of Los Angeles agreed to pay $800 million in 2023, bringing its total clergy abuse settlements to over $1.5 billion.
Budget Strains and Reforms Ahead
The announcement of the historic settlement comes at a time of increasing financial strain for Los Angeles County. With a $49 billion annual budget, the county is grappling with additional costs related to natural disasters, an escalating homelessness crisis, and potential federal funding cuts. Davenport noted the county faces significant “budget uncertainty,” particularly for departments reliant on federal aid.
Safeguards and System Overhaul
As part of the agreement, officials plan to introduce several reforms aimed at preventing future abuse. These include launching a countywide hotline for reporting child sexual abuse involving employees and implementing a faster process for handling and investigating such allegations.
“This resolution balances accountability with the need for systemic reform,” one attorney said. “It not only acknowledges the harm done but also aims to protect future generations and build a safer, more transparent system.”
Ironworker’s Family Gets $12M in Workplace Death Settlement
A Pennsylvania cement company has agreed to a $12 million settlement with the family of an ironworker who died after falling 23 feet while working at a plant in Stockertown.
The fatal accident occurred in July 2021 when the worker, employed by G&R Mineral Services, was replacing a catwalk between two cement coolers at a site operated by Hercules Cement Co. LLC.
Lack of Safety Measures Cited in Lawsuit
According to the workplace negligence lawsuit, the worker was attempting to reposition wooden planks to create a temporary catwalk when he fell. The complaint alleged that Hercules Cement failed to provide essential safety measures, including secure fall protection systems and stable anchoring points. The temporary work area was reportedly constructed with substandard materials such as thin planks unsuitable for supporting the task, increasing the risk to workers.
Family Files Wrongful Death Suit
The victim's wife filed the lawsuit on behalf of his estate, citing unsafe conditions and a failure to comply with established industry safety standards. The legal action was brought before the Court of Common Pleas in Philadelphia.
Settlement Terms Finalized in March 2025
The parties reached a settlement in December 2024, avoiding a trial. On March 12, 2025, a judge approved the $12 million agreement, with 70% allocated to a wrongful death claim and 30% designated for a survival action. The estate’s legal team received $4.8 million in fees.