Robbi Baba

A man whose left leg was amputated after he was struck by a commercial vehicle agreed to a $4.35 million settlement in his Ocean County suit, Bland v. Unique Scaffolding Systems, on June 20.

Lamar Bland, now 28, was working as a sanitation worker for the Borough of Point Pleasant on Oct. 2, 2018, when he was struck by a vehicle owned by Unique Scaffolding Systems of Kenilworth and operated by Juan Jorge, a company employee. The crash left Bland pinned between the Unique Scaffolding systems vehicle and the garbage truck. He sustained a fracture of the left tibia and fibula, and a displaced left femoral fracture. After multiple operations in an effort to save the leg, Bland ultimately had his leg amputated below the knee, according to Norman Hobbie of Hobbie, Corrigan & Bertucio in Eatontown, who represents Bland.

Jorge said he did not see Bland because he had taken his eyes off the road to reach for his cup of coffee, and he also claimed his vehicle's windshield was fogged up at the time of the crash, but he admitted seeing flashing yellow lights on the rear of the trash truck, according to Hobbie. The defendants asserted that Bland was not wearing reflective garb at the time of the crash, contrary to Point Pleasant policy, Hobbie said.

Bland has been unable to work since the crash, and has suffered serious physical pain and loss of enjoyment of life, the suit claimed.

The settlement was reached after a mediation with Eugene Codey Jr., a former Superior Court judge with Connell Foley in Roseland. The settlement includes $1 million from Unique Scaffolding Systems' primary policy with Nationwide, and $3.35 million from an excess carrier, Gotham Insurance, which had $5 million in coverage, according to Hobbie.

The defendants were represented by Donald Bigley of the Law Offices of Charles Little in Moorestown, under the primary policy, and Frank Kontley of Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, under the excess policy. They did not return calls about the case.

— Charles Toutant

$2.4M Cancer Diagnosis Case in Camden

Heiser v. Soble: A medical malpractice trial in Camden over a delayed diagnosis of kidney cancer resulted in a $2.4 million verdict on June 19.

The trial started on June 3 before Camden County Superior Court Judge Michael Kassel.  The verdict was rendered on June 19, 2019.

In court filings, the plaintiffs, then living in Cherry Hill, alleged that Toby Soble, M.D., and Family Practice Associates of Voorhees, failed to properly communicate and follow up with their patient, Mark Heiser, regarding an incidental finding on a lumbar MRI from Dec. 20, 2010.

In February 2014, Mark Heiser was diagnosed with stage IV kidney cancer that had spread to his pancreas, requiring removal of his left kidney, a portion of his pancreas, his adrenal glands and spleen, according to the family's lawyer, Brian S. Chacker of Gay & Chacker in Philadelphia.

Subsequently, it was discovered that the cancer had metastasized to his lungs. About seven months after his diagnosis, Mark Heiser was diagnosed with leptomeningeal disease requiring craniospinal radiation. Heiser, now 70, was a pediatric anesthesiologist at Children's Hospital of Philadelphia who had planned to retire to Florida to be near his daughters and practice medicine part time, Chacker said.

Over the five years since his diagnosis, Heiser has been confined to a scooter and wheelchair, and lost his independence, according to Chacker.

“He is presently disease free and living near Clearwater, Florida,” Chacker said in a phone call.

In court testimony, Dr. Soble denied she was negligent or caused Heiser any harm, Chacker said.

The $2.4 million verdict was against Dr. Soble only, with his practice vicariously liable, Chacker said.

According to electronic court documents, the jury awarded $500,000 for past pain and suffering, $1.5 million for future pain and suffering, $375,000 for future lost income, and $31,064 for medical expenses. Judgment was entered July 8.

Erin Bedell of Orlovsky, Moody, Schaaff, Conlon & Gabrysiak in West Long Branch represented defendant Soble. Bedell did not return a call.

“It was an honor to represent Dr. Heiser and his wife Beverly,” Chacker said. “They are wonderful people whose lives have been dramatically impacted by his delayed diagnosis of cancer. I am thrilled that the jury appreciated the impact his condition has had on his life and rendered a verdict that will allow them to receive the care and assistance they will need going forward.”

— Suzette Parmley