Brett A. Wolfson

• Defense verdict following a one-week jury trial in favor of a plumbing contractor facing claims of negligence, fraud, conspiracy, punitive damages, and violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law arising from renovations and permit applications for a large commercial property conversion project in Philadelphia.
• Favorable settlement after one week of jury trial on behalf of hospital internists alleged to have mismanaged a patient following bariatric surgery, resulting in permanent disabilities.
• Defense verdict following a one-week jury trial in favor of a power wheelchair manufacturer; the jury deliberated just over 30 minutes. Plaintiff, a disabled 70-year-old man, claimed a broken bolt caused him to be ejected several feet, fracturing his leg requiring surgery, permanent hardware in his leg, and permanent disability.
• 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 wrongful death. Pre-trial settlement demand was $3.5 million.
• Favorable verdict after a one-week trial in which the jury assigned plaintiff 45% comparative negligence. Plaintiff claimed an unguarded step caused him to fall at his gym, landing face-first onto an exercise bike and requiring more than 100 stitches above his mouth. Retained six weeks before trial, Brett called no defense experts and rested on his cross-examination of plaintiff and plaintiff’s architect and human factors experts.
• 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 during which the cancer metastasized.
• Dismissal of cardiologist shortly before jury selection where it was alleged that he negligently failed to refer plaintiff for follow-up from a chest x-ray that revealed a spot in his lung.
• Favorable settlement following 15 trial days defending a chemical plant in which a 43-year-old man suffered 3^rd degree burns to over 50% of his body, necessitating multiple skin graft surgeries. Pre-trial demand was $25 million with a $1.8 million workers’ compensation lien. The case settled for $4.4 million after Brett examined a co-worker regarding availability of personal protective equipment plaintiff should have been wearing.
• Obtained Order granting Motion for Judgment on the Pleadings in favor of the owners of a Philadelphia hoagie shop that sold malt liquor, and successfully argued the appeal before the Pennsylvania Superior Court, which affirmed. A worker fired for arriving at work drunk drove home intoxicated and struck two young girls playing in the street, killing one and leaving the other permanently confined to a wheelchair. Plaintiff obtained a $13.5 million default judgment against the uninsured and imprisoned driver, for which the owners could have been responsible had they been found liable.
• Dismissal of pediatrician after a one-week jury trial alleging a delay in diagnosis of cancer in a five-year-old girl who was complaining of difficulty urinating and whose mother told the doctor’s office, “I think my daughter has cancer.” Treatment involved bladder removal and radiation resulting in possible infertility.
• Defense verdict, as second chair, following a 2½-week trial representing a pharmacy against allegations that a negligently filled prescription contraindicated for pregnancy caused brain damage and severe birth defects in an infant. Plaintiff’s economist claimed $92 million in future medical and economic damages. The case was transferred to Brett’s team from another defense firm six weeks before trial.
• Defense verdict, as second chair, after a three-week trial on behalf of a paper mill sued by a 46-year-old man who lost his left arm and right leg when his arm was crushed between two industrial rollers. Plaintiff demanded $15 million.

These matters were handled prior to joining Montgomery McCracken.

• AV Preeminent Rating, Martindale-Hubbell
• Honoree, Eddie Ohlbaum Distinguished Advocate for Children Award, 2023

• Rules Committee Co-Chair, State Civil Section, Philadelphia Bar Association
• Member, Pennsylvania Bar Association
• Member, Philadelphia Association of Defense Counsel

• Pro Bono Attorney for Support Center for Child Advocates (since 2010)
• Judge Pro Tem, Dispute Resolution Center of the Philadelphia Court of Common Pleas
• Member, New Jersey Government Relations Advisory Committee, National MS Society