News & Events
This year, the attorneys and staff of Naulty, Scaricamazza & McDevitt, LLC are celebrating our firm's sixtieth anniversary, and we are honored to have had the opportunity to provide our clients with the highest level of representation in defense matters from the early 1950s to the present day. Pictured above are our firm's four longest tenured attorneys: Angelo L. Scaricamazza, who joined the firm in 1977; Francis T. McDevitt and William G. Cilingin, who both joined in 1979; and Gerard X. Smith, who joined in 1984.
In addition to fulfilling leadership roles within the firm, these four attorneys are each, individually, well-known and respected as skilled litigators in their respective fields of practice. As a group, they have been recognized with over fifteen Super Lawyers awards and have taken active roles within their respective professional associations, including: the Defense Research Institute and Philadelphia Association of Defense Counsel, among others... Continue Reading»
Recently, the Honorable Judge Peter Calderone posted a memorandum regarding a presentation of the Honorable Judge Dolores McNamee entitled Handling Second Injury Fund Cases. The presentation includes an outline that provides guidelines and advice for employers and workers' compensation attorneys in Second Injury Fund (SIF) litigation matters - i.e., cases in which the claimant has an injury which combines with a prior injury or disability.
The outline provides detailed information on the recommended procedures of Second Injury Fund cases as well as a legal analysis of representative cases and verdicts. Some highlights include: suggestions for medical documents regarding pre-existing conditions, useful onset dates (e.g. SSD, pensions), and important issues regarding the last compensable accident. The PDF file containing Judge McNamee's outline can be downloaded by clicking on the thumbnail image to the left or by clicking here.
Updated for 2012, new data concerning workers' compensation disability benefits is available in the Schedule of Disabilities and Maximum Benefits Exclusive of Amputation and Enucleation produced by the New Jersey Manufacturers Insurance Company.
The chart on the first page includes comprehensive data on the maximum benefits for injuries to: the arm, the hand, individual fingers, the leg, the foot, individual toes, hearing, eyesight and partial total disability.
Additionally, the data for each type of injury is broken down by the percentage of disability, and each entry shows the percentages in terms of both weeks and total benefits. The PDF file containing the schedule can be downloaded by clicking here or by clicking on the thumbnail image to the left.
This Holiday Season, the attorneys and staff of Naulty, Scaricamazza & McDevitt, LLC are grateful to have the opportunity to give back to a local family that recently suffered a severe tragedy when they lost their home to a fire. Considering the hardships that they have endured - especially in these difficult economic times, we decided it was important to contribute to them in the spirit of holiday giving.
The transfer of the donations and gifts was coordinated by Naulty attorneys Melissa A. Schwartz and Suzanne K. Mintzer, and the donation was arranged anonymously through the Salvation Army, out of respect for the family’s privacy. Although nothing can truly compensate them for the tragic loss of their home, we hope that our firm's donations, gifts and best wishes will help to ease their burden, bring them hope and make their holidays as pleasant as possible in their time of need.
On Friday, September 16, 2011 in a medical malpractice case tried in Dauphin County, Pennsylvania, Robert E. Dillon, a partner with our medical malpractice department, obtained a defense verdict on behalf of a general surgeon. The plaintiff alleged that the doctor performed improper laparoscopic surgical procedures on a female patient to treat chronic pain from the formation of abdominal adhesions. It was further alleged that the doctor's last procedure of May 2008 was improperly performed, which resulted in a bowel perforation. The patient later underwent a colostomy for the bowel perforation.
On behalf of the defense, Robert argued that the various procedures that the general surgeon performed were indicated based on the patient's symptoms and that the procedures had been properly performed. Robert further argued that a bowel perforation is an accepted complication of surgery and that it did not manifest itself until four days after the procedure. The jury found in favor of the doctor represented by Robert E. Dillon, Esq. The case was tried before Judge Jeannine Turgeon in the Court of Common Pleas of Dauphin County Pennsylvania from Monday, September 12, 2011 to Friday, September 16, 2011.
In the summer of 2011, Naulty, Scaricamazza & McDevitt partner Robert E. Dillon obtained two medical malpractice defense verdicts while representing his clients in Delaware and Montgomery Counties in two podiatry matters.
On June 16, 2011, a jury in Delaware County found that the defendant podiatrist was not negligent in the care and treatment of a foot fracture sustained by the plaintiff. The plaintiff alleged that the defendant podiatrist failed to offer a surgical treatment for a Lisfranc foot injury and that this resulted in: a significant foot deformity, decreased mobility and significant pain for the plaintiff. On behalf of the defense, Robert countered that the patient had several non-displaced fractures of the metatarsals that healed and that the Lisfranc joint was not displaced and therefore did not require surgery. The case was tried before Judge Pagano from Monday, June 13, 2011 through Thursday, June 16, 2011.
On August 4, 2011, a Montgomery County jury found that the defendant podiatrist was not negligent in the performance of a surgery to treat a juvenile hallux valgus deformity. The plaintiff alleged that a significant deformity followed the surgery on three bones in the foot. Additionally, the plaintiff alleged that too much bone was removed; thereby, causing the displacement of the toes and significant contractures. The plaintiff also alleged that the resulting deformities were permanent, caused the plaintiff pain and a decrease in activity. The defense countered that the initial deformity, which was severe, was corrected with a minor complication causing some contracture to the second toe. Robert then argued that this complication could have been corrected with a minor procedure that was recommended, but rejected by the patient. The case was tried before Judge Corso from Monday, August 1, 2011 to Thursday, August 4, 2011.
On Thursday, July 14, 2011, Naulty, Scaricamazza & McDevitt partner Gerard X. Smith, a distinguished Philadelphia area Insurance Defense attorney, successfully defended a regional daycare center in a general liability matter in the Superior Court of New Jersey, Sommerset County. The case involved allegations that the defendants, a daycare center and a daycare teacher, were negligent in providing the proper supervision of the minor plaintiff - who suffered a spiral fracture of the femur while running after a fellow student on a tricycle during a recess period.
On behalf of the defense, Jerry argued that the defendant's employees were in a proper ratio to the students, that the children were appropriately supervised and that the defendants were at all times not negligent. Additionally, Jerry stressed that the defendant daycare teacher was located within a few feet of the minor plaintiff and that when she saw the plaintiff running after another student, she yelled for her to stop - at which point, the incident occurred. The jury found in favor of the defendants represented by Gerard X. Smith, Esq. The case was tried from Monday, July 11, 2011 through Thursday, July 14, 2011 before the Honorable Thomas C. Miller in the Superior Court of Somerset County, New Jersey.
On Monday, April 18, 2011, in a medical malpractice case tried before Judge Burr in the Court of Common Pleas of Philadelphia, Pennsylvania, the jury returned a defense verdict on behalf of a radiologist represented by Naulty, Scaricamazza & McDevitt partner Angelo L. Scaricamazza. The case involved allegations that our insured doctor had misread a barium enema, failed to diagnose cancer, and failed to perform a double contrast barium enema. It was also alleged that he had not adhered to the standard of care. The plaintiff died two years after the alleged misdiagnosis.
During the course of the trial, Angelo argued that our insured doctor adhered to the standard of care and that he had not misread the barium enema. Furthermore, he argued that the performance of a double contrast barium enema was contraindicated since performing such a test could have resulted in a rupture of the colon given the plaintiff's diverticulosis. The jury found in favor of the radiologist represented by Angelo L. Scaricamazza, Esq. The case was tried before Judge Burr in the Court of Common Pleas of Philadelphia, Pennsylvania from Monday, April 11, 2011 until Monday, April 18, 2011.
On Thursday, June 30, 2011 from 8:30 a.m. until 4:30 p.m., Ronald P. Bartash, a partner at our Delaware County office, will be among the three presenters at this year’s Workers’ Compensation Update in New Jersey, a presentation of Lorman Education Services. The seminar will provide information on the latest changes in workers’ compensation law, including permanent total disability vs. permanent partial disability, negligence claims, occupational claims and return to work issues – among other topics.
The seminar will be taking place at the Wyndham Hotel in Mount Laurel, New Jersey (1111 Route 73, off Exit 4 on the New Jersey Turnpike). Given the wide range of workers' compensation topics covered, the presentation will count for many types of continuing education credits, including 7.2 New Jersey continuing legal education credits (CLEs) and 6.0 Pennsylvania CLEs. For a 20% discount off the standard registration fee, please use this link and enter Discount Code: F2716129 and Priority Code: 15000 in the Shopping Cart to take advantage of Lorman’s Faculty-Client Benefit opportunity and to obtain additional in-depth information concerning the topics and issues covered at the seminar.
On Thursday, May 5, 2011 from 8:30 a.m. until 12:45 p.m., Naulty, Scaricamazza & McDevitt partner Ronald P. Bartash will be a speaker at the Tough Problems in Workers’ Compensation 2011 seminar – a biennial springtime presentation of the Pennsylvania Bar Institute focusing on worker’s compensation issues. The presentation will be taking place at the historic Wanamaker Building (13th and Market Streets, Philadelphia, PA 19107), and interested parties should arrive thirty minutes early for check-in.
Ronald, an accomplished worker’s compensation defense attorney with over twenty years litigation experience, will be speaking within the portion of the presentation focusing on the new vocational expert regulations and also the impacts of recent case law with special emphasis on the effects of the Riddle and Phoenixville Hospital matters. This portion of the presentation will be taking place between 10:15 a.m. and 11:00 a.m., and the presentation as a whole will count for four continuing legal education (CLE) credits. Please see the information page on the Pennsylvania Bar Institute’s website for further information.