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Document Library

On the page below you can find links to documents, reports, publications and discussions provided by The Law Offices of Harry Waddell.

The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.

Medical Malpractice

"Combating Abusive Arbitration Clauses in Nursing Home Contracts" [PDF]
Excellent article providing a checklist of issues to consider when faced with an arbitration clause in a nursing home contract which seeks to bar you from your right to a jury trial.
Two-thirds of Medical Malpractice Claims End in No Payout [PDF]
Justice Department Statistics on Medical Malpractice Claims in Seven States between 2000 and 2004 show no insurance payout in two-thirds of the claims.
Why your loved one may receive substandard care in a nursing home [PDF]
New York Times investigation finds private investment firms purchase nursing homes and cut staffing to increase profits at the expense of patient care

Insurance Claims

Private insurers mishandling medicare claims
Audit shows problems with private insurers handling new medicare drug benefits, including misleading marketing and denial of patient claims
CNA Insurance Loses ERISA Case - Judgment Order [PDF]
Judgment Order Against CNA Insurance in ERISA Case
UnumProvident Settles ERISA Case [PDF]
Agreed Dismissal Order
Order Granting Attorneys Fees and Costs in ERISA case [PDF]

Personal Injury

See Fourth Circuit Order Awarding Attorney's Fees and Costs in Civil Rights Action [PDF]
Fourth Circuit Court of Appeals Opinion Affirming Trial Court's Award of Attorney's Fees and Costs in Civil Rights Action Based on Rule 68 Offer of Judgment
Verdict - Doris DeGracia Jury Trial in Jefferson County, West Virginia [PDF]
This is the actual Verdict entered by the jury in the personal injury trial of Doris DeGracia. Ms. Degracia was rear ended on October 2, 2006 by a vehicle owned by defendant AB&C Group, Inc. and driven by its employee, defendant Jimica A. Kenyatta. On the date of this collision, the plaintiff was driving south on U.S. Route 340 toward Rippon, West Virginia. When she activated her left turn signal and attempted to turn left she was struck from behind by the defendants’ vehicle. The defendant Kenyatta was cited by West Virginia State Trooper J.M. Bush with the failure to yield the right of way. The plaintiff was transported from the scene by ambulance to Jefferson Memorial Hospital. Her current treating physician, Dr. Alex Ambroz, diagnosed the plaintiff with the following medical conditions caused by the collision: (1) post concussion syndrome; (2) chronic left shoulder sprain/strain; (3) chronic neck sprain/strain; and (4) depression.
Judgment entered by Judge Sanders following jury trial of Doris Degracia in the Circuit Court of Jefferson County, West Virginia [PDF]
This is the actual Judgment Order entered by the Court following the Doris DeGracia personal injury jury trial in Jefferson County, West Virginia. Ms. Degracia was rear ended on October 2, 2006. On the date of this collision, she was driving south on U.S. Route 340 toward Rippon, West Virginia. When she activated her left turn signal and attempted to turn left she was struck from behind by the defendants’ vehicle. The defendant driver was cited by West Virginia State Police with the failure to yield the right of way. The plaintiff was transported from the scene by ambulance to Jefferson Memorial Hospital. Her treating physician, Dr. Alex Ambroz, diagnosed Ms. DeGracia with post concussion syndrome; (2) chronic left shoulder sprain/strain; (3) chronic neck sprain/strain; and (4) depression. The defendant's insurer, Hartford Insurance offered $50,000 before the trial. The jury returned a verdict in favor of Ms. DeGracia for the sum of $162,000 following a two day trial.
Census of Fatal Occupational Injuries [PDF]
This summary of a study on fatal occupational injuries by industry and job type in the United States offers an interesting glimpse into workplace injuries and fatalities.
Enforceability of liens for hospital treatment where injured party is eligible for Medicaid to Medicare [PDF]
If you have been injured by someone else, the hospital that provides treatment has the option to place a lien against your monetary recovery rather than bill Medicaid or Medicare if you are covered by those programs.
A Brief Guide to Mold, Moisture and Your Home [PDF]
EPA Guide to Mold in Your Home

Employment Law

Former Executive Director of the Jefferson County Parks and Recreation Commission files lawsuit over wrongful discharge in violation of Open Governmental Proceeding Act and West Virginia Human Rights Law [PDF]
Former Executive Director of the Jefferson County Parks and Recreation Commission complaint alleging wrongful termination based on unlawful retaliation and discrimination
Admissibility of electronic evidence in employment cases [PDF]
The Article discusses the issue of admitting into evidence emails in federal court. The author is Jocelyn D. Larkin the Director of Litigation and Training with the Impact Fund
Article concerning the ability to contact an employee of an adverse corporation in civil litigation. [PDF]
The article entitled "Contacting Employee of an Adverse Corporate Party: A Plaintiff's Attorney's View" was authored by Ellen J. Messing and James S. Weliky of Messing, Rudavsky & Weliky, P.C.
Fourth Circuit decision overturning summary judgment in an age discrimination suit. [PDF]
Excellent decision from the Fourth Circuit Court of Appeals overturning the trial court's grant of summary judgment in an age discrimination law suit. The appellate court concluded there was sufficient evidence that the employer's proffered reasons for terminating the plaintiff was a pretext for unlawful age discrimination.
Technical Assistance Manual providing disability discrimination information pertinent to the ADA
Technical Assistance Manual: Title 1 of the ADA. Good source of information regarding disability discrimination claims arising in the American with Disabilities Act (ADA)
Changes in COBRA law help employees maintain their health insurance after employment discharge [PDF]
Article explains how employers will pay 65 percent of your health insurance premium after your you are discharged.
Employer Best Practices for Workers with Caregiving Responsibilities [PDF]
In 2007 the EEOC issued a guidance explaining the circumstances under which discrimination against workers with caregiving responsibilities might constitute discrimination based on sex, disability or other characteristics protected by federal employment discrimination laws. This document supplements the 2007 guidance by providing suggestions for best practices that employers may adopt to reduce the chance of EEO violations against caregivers and remove barriers to equal employment opportunities.
American Diabetes Association Position Statement on Diabetes and Employment [PDF]
The statement contains helpful information concerning diabetes as a disability under employment discrimination law, reasonable accommodations for those with diabetes in the workplace and related topics.
Small Employers and Reasonable Accommodation
EEOC guide to disability discrimination and reasonable accommodation with small employers under the Americans with Disabilities Act.
EEOC Guidance: Workers Compensation and the ADA
EEOC provides guidance for ADA claims and reasonable accommodations where issues of work related injury and non work related injury intersect.
EEOC Enforcement Guidance Compensatory and Punitive Damages
EEOC Guidance regarding what compensatory and punitive damages can be awarded in a Title VII employment discrimination case.
EEOC Enforcement Guidance Disability Related Inquiries
EEOC guidance on what inquires an employer can make regarding medical conditions of employees
EEOC Enforcement Guidance Regarding Psychiatric Disabilities
EEOC guidance regarding employees with psychiatric disabilities
EEOC Guidance regarding sexual favoritism in the workplace
EEOC Guidance regarding sexual favoritism by supervisors or employers - what is legal and what is not.
If I was Fired Unfairly Do I Have a Case? [PDF]
This article list the situations where you might have a case when you are fired by your employer. A good general overview but talk to a qualified employment lawyer about your specific case facts.
Frequently Asked Questions about the Family Medical Leave Act [PDF]
This document contains frequently asked questions about the Family Medical Leave Act (FMLA) which is a federal law that protects employees when they need to take off work because of medical conditions of the employee or close family members.
Martinsburg Journal Article on Shepherd University case [PDF]
New employment case filed by Harry Waddell
Questions and Answers About Cancer in the Workplace and the ADA [PDF]
EEOC Guidance Regarding Cancer and the American with Disabilities Act (ADA)
Questions and Answers About Association Discrimination Under the ADA [PDF]
EEOC Guidance on Association Discrimination Under the Americans with Disabilities Act (ADA).

General

Verdict Form - $162,000 verdict in rear end collision case tried in Circuit Court of Jefferson County, West Virginia [PDF]
Actual verdict entered by the jury in the Circuit Court of Jefferson County trial of woman injured in rear end collision which resulted in $162,000 verdict
Civil Rights Complaint filed for Racial Profiling Arrest by Charles Town, West Virginia Police [PDF]
Complaint filed in federal court alleging racial profiling civil rights violation under 42 U.S.C. 1983 for unlawful arrest of two black men by police
Cyberbullying- Identification, Prevention, and Response [PDF]
The Lawyer's Role by Joe Jamail [PDF]
Well known lawyer Joe Jamail explains why the role of trial lawyers is critical to our society.
Hearing Examiner's Decision in Funkhouser Case [PDF]
The official decision of the hearing examiner clearing Randy Funkhouser of all charges filed against him by the West Virginia Racing Commission.
West Virginia Supreme Court Opinion - Defamation Verdict Against Charleston Gazette
West Virginia Supreme Court Opinion Upholding $375,000 Defamation Verdict Against the Charleston Gazette