Brett A. Wolfson

Construction/Contract (U.S. District Court for the Eastern District of Pennsylvania, June 2023) Defense verdict following one week jury trial in favor of a plumbing contractor involved claims of negligence, fraud and conspiracy, punitive damages and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, for renovations and permit applications for large conversion project of commercial property in Philadelphia.

Medial Malpractice (CCP Northampton County, May 2018) Settled case favorably after one week of jury trial representing internists in hospital setting in which it was alleged mismanagement of patient after bariatric surgery resulted in permanent disabilities.

Products Liability, fractured leg, surgery, (Lehigh County, Pennsylvania, 2017) – Defense verdict following one week jury trial in favor of manufacturer of  power wheelchair. Following a one week jury trial, the jury returned its verdict after deliberations just over 30 minutes. It was alleged that a broken bolt discovered on the power wheelchair caused plaintiff, a disabled 70-year-old man, to be ejected several feet causing a fractured leg requiring surgery and permanent placement of hardware in his leg.

Medical Malpractice, wrongful death (Philadelphia County, Pennsylvania, 2016) – Dismissal of three physician defendants (internist, hospitalist, and emergency room physicians) after eight days of trial before jury, alleging a delay in diagnosis of lung cancer resulting in premature death of patient. Pre-trial settlement demand was $3.5 million.

Premises Liability, 100 stitches to facial laceration, torn lip, permanent scar (Philadelphia County, Pennsylvania, 2015) – A jury assigned plaintiff 45% comparative negligence following a one-week trial claiming an unguarded step cause plaintiff to fall at his gym, landing face first onto an exercise bike, requiring over 100 stitches above mouth. Retained 6 weeks before trial, Brett did not call any defense experts and rested on cross-examination of plaintiff and plaintiff’s architecture and human factors experts. Prior to trial, plaintiff rejected a settlement offer of $150,000. The jury verdict of $80,000 was reduced to $44,000 after the 45% reduction for comparative negligence.

Medical Malpractice, wrongful death (Philadelphia County, Pennsylvania, 2011) – Dismissal of pulmonologist shortly before trial where it was alleged, he was negligent and responsible for a five-year delay in diagnosis of lung cancer. It was alleged that the delay caused the cancer to metastasize.

Medical Malpractice, delay in diagnosis of lung cancer (Philadelphia County, Pennsylvania, 2009) – Dismissal of cardiologist shortly before jury selection where it was alleged that he negligently failed to refer plaintiff for follow-up after a chest x-ray from a cardiac exam revealed a spot in his lung. The doctor’s chart in fact documented that he had advised plaintiff and plaintiff’s primary physician.

Industrial Accident, more than 50% body surface 2nd and 3rd degree burns (Middlesex County, New Jersey, 2009) – Fifteen trial days defending chemical plant in which a 43-year-old man suffered third degree burns to over 50% of his body, necessitating significant skin graft surgeries, when phosphorus ignited. Despite a pre-trial demand of $25 million and a $1.8 million workers’ compensation lien, the case settled for $4.4 million after Brett examined a co-worker with photographs of personal protective equipment plaintiff should have been wearing.

Motor Vehicle Accident, permanent brain and bodily injured and wrongful death (Philadelphia County, Pennsylvania, 2008) – Order granting judgment on the pleadings in favor of owners of a Philadelphia hoagie shop that sold malt liquors. A worker was fired after arriving at work drunk and was instructed to leave the premises. While driving home he struck two young girls playing in the street, killing one and leaving the other permanently in a wheelchair. Plaintiff obtained a default judgment in the amount of $13.5 million against the uninsured driver (imprisoned for vehicular homicide) for which the owners could have been responsible to pay had they been found liable. Brett also argued in front of the Pennsylvania Superior Court in opposition to the plaintiff’s appeal where the dismissal was affirmed.

Medical Malpractice, delay in diagnosis of child cancer (Delaware County, Media, Pennsylvania, 2006) – One week jury trial resulting in dismissal of pediatrician alleged to be responsible for a delay in diagnosis of a cancer (rhabdomyosarcoma) of the bladder in a five-year-old girl. She was complaining of difficulty urinating when her mother contacted the doctor’s office stating, “I think my daughter has cancer.” Treatment involved bladder removal and radiation resulting in possible infertility.

Pharmacist liability, child born with birth defects from medication (Philadelphia County, Pennsylvania, 2006) – Defense verdict sitting second chair following 2½ week trial representing a pharmacy against allegations a prescription negligently filled that was contraindicated for pregnancy caused brain damage and severe birth defects of an infant. Plaintiff’s economist alleged $92 million in past, present and future medical and economic damages. This case was transferred to Brett’s team from another defense firm six weeks before the start of trial.

Industrial accident, amputation of arm and leg (U.S. District Court, E.D.Pa., Philadelphia, 2004) – Defense verdict sitting second chair 46-year-old man who lost his left arm and right leg when his arm was crushed between two industrial rollers in a paper mill. The plaintiff’s demand was $15 million and after three weeks of trial the jury returned a defense verdict.