Verdicts & Settlements

Most civil cases settle long before they see the courtroom. At Merkel & Cocke, P.A., we do not make that assumption. Our skilled litigation attorneys assume that every case will ultimately end up in a jury or bench trial. However, our strategy gets results. Our experience and results have resulted in a strong reputation throughout the South. This makes for larger settlement offers. We will work hard to obtain the maximum amount of settlement authority the defendant has and then advise you as a firm as to whether we believe the settlement to be fair. At that point, you will then make the ultimate decision whether you wish to take the settlement offer made or proceed with trial. A sample of the settlements and verdicts are below.

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$23.6 MillionMedical Malpractice · Verdict

Failure to Diagnose Breast Cancer

Merkel & Cocke, in collaboration with two other law firms, obtained a jury verdict in the total amount of $23,600,000 from a Shelby County, Tennessee…

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$20 MillionTruck & Auto · Verdict

Construction Zone - Accident Victim - Tolivar V. City of Clarksdale

Despite an initial police report claiming that our client was responsible for the injuries he sustained in an automobile collision, we were able to…

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$12.9 MillionProduct Liability · Settlement

Vehicle Roll-over / Crashworthiness

Our client was paralyzed in a motor vehicle accident involving a roll-over on the highway. We alleged that the roof support structures of the…

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$9.9 MillionPersonal Injury · Settlement

Client’s Construction Site Injuries

Our client received life-altering injuries including paralysis when he fell from an elevated position at a construction site. Multiple parties were…

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$3 MillionMedical Malpractice · Settlement

A Ruptured Ectopic Pregnancy

Our client presented to an ER with severe abdominal pain. We alleged that she did not receive an adequate work-up in the ER, which would have…

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$3 MillionMedical Malpractice · Settlement

Clients’ Improper Cancer Diagnosis

We represented several clients who had been diagnosed with prostate cancer by their treating physicians and improperly treated with injections to…

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$3 MillionMedical Malpractice · Settlement

Failure to Diagnose Pulmonary Embolism

The firm represented a family with regard to failure to diagnose a pulmonary embolism. The patient was sent home without any testing despite symptoms…

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$2.4 MillionMedical Malpractice · Verdict

OB/GYN Malpractice for Multiple Injuries Sustained During and After Labor

Partners Charlie Merkel, Jr. and Charles Merkel, III secured a $2.4 million jury verdict against Dr. James Holzhauer, after a Lowndes jury found him…

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$2 MillionMedical Malpractice · Verdict

Gibbs v. Kings Daughter Hospital

Our 18-year-old client suffered paralysis and bowel and bladder dysfunction after emergency room staff failed to diagnose her arterial venous…

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$2 MillionMedical Malpractice · Settlement

Failure to Diagnose Cancer

A radiologist misinterpreted imaging of our client at a time when his cancerous tumor was treatable. This caused a significant delay in his cancer…

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$1.99 MillionProduct Liability · Verdict

Heath v. State Industries, Inc.

Three-year-old Kendra Heath accidentally knocked over a gasoline container in her home’s storage room, and the pilot light in her family’s water…

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$1.9 MillionMedical Malpractice · Settlement

Marlow v. Moore

We demonstrated that our client suffered a severe birth injury as a result of the obstetrician’s negligence. The night before the infant was born,…

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$1.9 MillionMedical Malpractice · Settlement

Radiology Misread

Our client sustained leg fractures in a motor vehicle accident and was taken to the hospital. Radiology imaging was ordered and revealed damage to…

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$1.7 MillionTruck & Auto · Settlement

Family Seriously Injured by a Tractor-Trailer

Merkel & Cocke was able to secure a $1.7 million settlement for a woman and her family who were run off the road by a "phantom" tractor-trailer. We…

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$1.6 MillionProduct Liability · Verdict

Defective Product - Prestage v. Sperry-New Holland

Our client, a 21-year-old farmer, was working on his 1969 Ford New Holland combine when an accident cost him his leg. He was using the machine to…

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$1.5 MillionTruck & Auto · Verdict

Woman Critically Injured by an 18-Wheeler

Our client had a torn rotator cuff tear that led to surgery, had a double disk fusion and a disk replacement (two surgeries), was diagnosed with…

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$1.5 MillionMedical Malpractice · Settlement

Pulmonary Embolism Death

In a similar factual case to the one immediately above, we represented the family of an individual who reported chest pain and shortness of breath to…

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$1.5 MillionMedical Malpractice · Settlement

Wrongful Death against Delta Regional Medical Center

Merkel & Cocke, PA won a $1.5 million judgment on behalf of the estate and family of Vanessa Jernigan, whose untimely death was caused by Delta…

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$1.4 MillionMedical Malpractice · Settlement

Wrongful Death

Merkel & Cocke represented a young child whose mother died in the hospital from blood loss following a relatively minor surgical procedure. A $1.4…

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$1.1 MillionTruck & Auto · Settlement

Fatal Truck Accident

Merkel & Cocke, P.A. recently obtained a $1.1 million judgment on behalf of a client in a fatal truck accident case. This award was for the maximum…

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$1 MillionMedical Malpractice · Settlement

Surgical Malpractice

In this medical malpractice case, the client was diagnosed with an aortic aneurism. Surgical stenting was recommended. Following surgery, the patient…

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$1 MillionTruck & Auto · Settlement

Client Struck by 18-Wheeler

In a case dealing with a trucking accident, our client was operating a truck in Benton County Mississippi on U.S. Highway 78. Our client was struck…

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$1 MillionMedical Malpractice · Settlement

Family of Victim Who Died

In a medical malpractice case, our client had pre-term premature rupture of her membranes. Our client was admitted to the hospital for observation.…

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$1 MillionMedical Malpractice · Settlement

Misdiagnosis

In this medical malpractice case, the Plaintiff was diagnosed with a bruit, or irregular flow of blood in the carotid arteries. A carotid ultrasound…

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$1 MillionMedical Malpractice · Settlement

Emergency Room Misdiagnosis

In a medical malpractice case, our client died from pulmonary embolus. In this case, our client went to the emergency room on two occasions…

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$1 MillionMedical Malpractice · Settlement

Child after the Loss of His Mother

A lady who had recently given birth to her first child underwent a relatively routine surgery to remove her gall bladder. Following the surgery,…

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$1 MillionProfessional Malpractice · Settlement

Legal Malpractice Claim

In this legal malpractice case, the attorney failed to search and find all heirs of the deceased. Unfortunately for him, there were other heirs of…

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$1 MillionMedical Malpractice · Settlement

Failure to Diagnose and Treat Cancer

In this medical malpractice case, radiologists who analyzed client’s yearly mammograms noted the same suspicious mass on three occasions before…

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$1 MillionTruck & Auto · Settlement

Crash with an 18-Wheeler

Recovery for a young girl injured in automobile collision when an 18-wheeler ran a red light and hit her Miata, throwing her out of vehicle. She…

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$1 MillionMedical Malpractice · Settlement

Failure to Monitor Kidney Function in Diabetic Patient

Diabetic patients need regular monitoring of their kidney function. Our client was seen regularly by a physician treating his diabetes, but his…

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$750,000Medical Malpractice · Settlement

Delayed Breast Cancer Diagnosis

Mammogram imaging showed a suspicious mass in our client’s breast. Her doctors failed to recommend a biopsy to determine if the mass was cancerous. …

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$650,000Truck & Auto · Settlement

Auto Accident

We represented the family of a woman killed in a head-on collision on a rural highway. There was a dispute as to who crossed the center line. Our…

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$525,000Personal Injury · Settlement

Burn Injuries - Chism v. Tubertini Construction Co.

Our clients sued on behalf of 17-year-old Chism, who died due to severe burns he received after putting his gas lawn mower in the storage room where…

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$500,000Medical Malpractice · Settlement

Failure to Diagnose Cancer

In a medical malpractice case, our client presented to the emergency room with shortness of breath. A chest x-ray was done, which was read the next…

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$500,000Medical Malpractice · Settlement

Birth Injury

A child was delivered to his mother with gestational diabetes. Despite ultrasounds predicting fetal weight well in excess of 5000 grams, her doctor…

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$500,000Medical Malpractice · Verdict

Birth Injury - Luckett v. University of Mississippi Medical Center

In the case of Luckett v. University of Mississippi Medical Center that was tried to a verdict, our client, Patricia Luckett, was admitted in labor.…

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$490,000Truck & Auto · Settlement

Car Accident Claim

Our 60-year-old client was driving home at night when he hit an oversized vehicle that was traveling without lights on. Our client was helicoptered…

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$400,000Medical Malpractice · Settlement

Surgical Error

Our client injured his back on the job. After conservative treatment failed, a neurosurgeon recommended lumbar fusion. In performing the procedure, a…

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$400,000Professional Malpractice · Settlement

Legal Malpractice

In this legal malpractice case, the defendant attorney filed a medical malpractice action for the death of child from sepsis. However, the defendant…

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$339,104Truck & Auto · Verdict

Client’s Car Accident Injuries

Our client and the defendant were both leaving the Sonic drive-in in Leland, MS, to exit south onto Highway 82 when the accident occurred. More…

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$300,000Medical Malpractice · Verdict

Surgical Error: McKinnley v. Simha

In the medical malpractice of McKinnley v. Simha, the Plaintiff underwent an abdominal hysterectomy. During the procedure, her right ureter was…

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$150,000Professional Malpractice · Settlement

Legal Malpractice

In a legal malpractice case where the statute of limitations was missed by the initial attorney, we successfully settled the matter for excess of six…

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$107,223Truck & Auto · Settlement

Case Against State Farm

Ted Connell and Charlie Merkel represented a client who sustained injuries in a car wreck. Prior to going to trial, State Farm offered our client…

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Six-figure SettlementMedical Malpractice · Settlement

Birth Injury for Client Subjected to Elective Cesarean

In this medical malpractice case, the physician did an elective cesarean section despite tests showing immature lungs in the fetus. After birth the…

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Six-figure SettlementMedical Malpractice · Settlement

Failure to Diagnose Heart Attack

In another medical malpractice case, the patient presented to the emergency room with chest pain radiating into his arm. The initial EKG and cardiac…

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Six-figure SettlementMedical Malpractice · Settlement

Unnecessary Surgeries

In a medical malpractice case versus a podiatrist who had provided unnecessary surgeries, we obtained a six-figure settlement award.

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Six-figure AwardMedical Malpractice · Settlement

Client Who Lost a Limb Due to Undiagnosed Infection

In another medical malpractice case, our client was a known diabetic who underwent a knee replacement surgery and developed a serious infection…

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Six-figure AwardTruck & Auto · Settlement

Deadly Head-on Collision

In a car wreck case, an elderly lady was the passenger in an automobile which was struck head-on by on oncoming vehicle. Everyone involved in the…

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Six-figure SettlementTruck & Auto · Settlement

Case Resulting in Permanent Brain Damage

In this car accident case, our client was a pedestrian struck by a motor vehicle. The client suffered brain damage. A large six-figure settlement was…

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Six-figure SettlementMedical Malpractice · Settlement

Surgical Malpractice

In this medical malpractice case, the patient underwent hysterectomy. During surgery her ureter was ligated and not recognized. The Plaintiff…

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Six-figure SettlementMedical Malpractice · Settlement

Surgical Malpractice

In a medical malpractice case in which the defendant surgeon improperly inserted a shoulder prosthesis at the wrong angle. Our client was an elderly…

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Six-figure SettlementTruck & Auto · Settlement

Truck Crash

Settlement for a young man who was injured when he struck the rear of a tractor trailer which moved into his lane of traffic while making a…

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Six-figure AwardPersonal Injury · Settlement

Improper Supervision

A minor child was injured while lifting weights for football at his local school. He was improperly supervised and the equipment provided was faulty.…

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Six-figure SettlementPremises Liability · Settlement

Client Who Injured Her Back at Casino

In another casino case, our client was injured when a casino employee ran into her while carrying money bags which resulted in injuries to her back.…

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Six-figure SettlementPremises Liability · Settlement

Slip and Fall for Casino Visitor

While a client of ours was dining at a casino buffet, he slipped on water that had leaked from a pipe that drained the ice water from the buffet. We…

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Six-figure SettlementProfessional Malpractice · Settlement

Misrepresentation

In a case involving contract misrepresentation, our client alleged negligence on the part of listing real estate broker in failing to disclose other…

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Six-figure SettlementMedical Malpractice · Settlement

Erb’s Palsy Injury

In this medical malpractice case, the child was delivered from a +1 station by vacuum delivery. The child suffered an Erb’s Palsy injury. Another…

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Six-figure SettlementMedical Malpractice · Settlement

Client Discharged Prematurely From ER

In this medical malpractice case, the patient presented to ER with chest pain. Despite abnormal EKG findings the patient was discharged and later…

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Six-figure SettlementMedical Malpractice · Settlement

Loss of Leg

In this medical malpractice, the patient was involved in a motor vehicle accident and fractured her hip. In repairing the hip, the surgeon drilled…

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Six-figure SettlementMedical Malpractice · Settlement

Misdiagnosis

In another medical malpractice, the Plaintiff injured his back on the job. A cervical CT revealed a herniated disk, but the Plaintiff was discharged…

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Six-figure SettlementMedical Malpractice · Settlement

Medication Error

In this medical malpractice case, the Plaintiff presented to the emergency room with a scratch to his right eye. The emergency room physician…

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Six-figure SettlementMedical Malpractice · Settlement

Physical Therapy Misdiagnosis

In this medical malpractice, the Plaintiff suffered carpal tunnel syndrome. The Plaintiff’s physician ordered physical therapy. The physical…

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Six-figure SettlementMedical Malpractice · Settlement

Birth Injury from Hypoxic Brain Damage

In this “bad baby” medical malpractice case, the Plaintiff was born with severe hypoxic brain damage. The Plaintiff alleged the physician and…

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Six-figure SettlementMedical Malpractice · Settlement

OB/GYN Negligence

In another medical malpractice case, a mother presented in labor with pre-term premature rupture of membranes. The mother was not screened for group…

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Six-figure SettlementPremises Liability · Settlement

Slip and Fall for Visitor to Fast Food Restaurant

While our client was proceeding through a fast food restaurant, she slipped on a liquid substance. As a result, she had an extended hospital stay as…

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Six-figure SettlementPremises Liability · Settlement

Patrons Kidnapped from a Hospital

A hospital failed to provide adequate security when an inmate, who was being treated, kidnapped several patrons. As a result, Merkel & Cocke brought…

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Six-figure AwardPremises Liability · Settlement

Slip and Fall in a Tunica County Casino

In a slip and fall case versus a casino located Tunica County, we were successful in obtaining an award of almost six figures for our client who…

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Six-figure AwardWorkers' Comp · Settlement

Total Loss of Wage Earning Capacity for a Back Injury

We successfully proved a total loss of wage earning capacity in a workers’ compensation claim whereby our client injured his back when he fell off a…

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Six-figure AwardWorkers' Comp · Settlement

Total Loss of Wage Earning Capacity - School Bus Driver

In a workers’ compensation case, our client who was a school bus driver for a public school district was involved in a car accident that resulted in…

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Six-figure SettlementWorkers' Comp · Settlement

Total Loss of Use - Slip and Fall

We successfully settled a workers’ compensation claim for total loss of use of his lower extremity when a teacher slipped and fell and injured his…

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Six-figure SettlementWorkers' Comp · Settlement

Heat Stroke that Lead to the Death of Worker

Our client’s father died of a heat stroke as a result of his work. We successfully settled the claim dealing with her father’s death, which resulted…

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Undisclosed SettlementTruck & Auto · Settlement

Commercial Truck Accident

Client was operating a truck in Benton County on US Highway 78. Client was struck from the rear by an 18-wheeler truck, causing his vehicle to crash.…

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Undisclosed SettlementPremises Liability · Settlement

Convenience Store Injury

We successfully obtained a large settlement in a Tennessee premise liability case whereby our client was injured in a convenience store by a third…

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Undisclosed SettlementPersonal Injury · Settlement

Excessive Force from Local Sheriff’s Department

Our firm represented clients in sixteen cases versus a local sheriff’s department in various civil rights matters stemming from excessive force…

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Undisclosed SettlementPremises Liability · Settlement

Client Who Slipped and Fell at a Casino

We obtained a large settlement for our client who injured her knee when she tripped over the “joint” separating the land based and water based…

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Undisclosed SettlementProduct Liability · Settlement

Loss of Leg

Our client lost part of his leg when his pants leg became caught by the exposed end of a rotating, unguarded conveyor shaft. We netted a large…

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Prior results do not guarantee a similar outcome. Each case is decided on its own facts. Amounts shown are gross recoveries before fees and expenses.