ROCKLAND, Maine — The lawsuit filed by the father of a 5-year-old boy whose hand was severed in June and later reattached has been settled and will benefit only the child.
The lawsuit filed July 18 by Anthony Pignone against the boy’s grandmother Sharon Setz was dismissed last week in Knox County Superior Court.
Attorney Daniel Kagan of Lewiston, who handled the lawsuit on behalf of the boy, Noah Keene, said the lawsuit was filed only to get Setz’s auto insurance company to pay up to the limits of its policy. Kagan said that goal has been achieved.
He said that there was never any intent for Pignone to receive any money from the settlement. The attorney said he knew that filing a lawsuit would be faster than trying to negotiate with the insurance company. The maximum award under the policy is $50,000 per person.
Kagan said he and his law firm are waiving any fee for handling the case. The court will oversee distribution of the money and must approve the final details of the settlement, he noted.
Pignone said Monday that his goal was never to get any money. He said many statements made about him have been false.
He said his twin boys, including Noah, spent a week with him shortly before the accident.
“I have not been an absentee father,” Pignone said.
He pointed out that he lives more than 200 miles away from his boys, who live with their mother in Rockland.
The accident occurred June 26 when Noah wrapped a jump rope around his left wrist and dangled the other end out the window of the car being driven by his grandmother. The rope was caught around the wheel of the car and his hand was severed.
Surgeons at Massachusetts General Hospital were able to reattach the hand. Noah returned home in July.
The community rallied for the boy and the family with various fundraisers which collected more than $30,000.
Nice to hear the father was not looking to benefit from his childs accident, and that the money is being distributed by and thru the court, a happy ending to help the children and family in the end. Good job dad.
I apoligize to the lawfirm who took this case pro-bono…I may have mentioned the term ambulance chaser in an earlier post. Sorry :)
It wasn’t pro bono. They’re going after Noah’s mother for their out-of-pocket expenses and didnt get their 33% because they never needed to be involved in the first place!
deleted
the money was ALWAYS going to be distributed through the court, and GEICO/grandmother did not need to be sued to secure the settlement. Geico said from day 1 they would pay. the father wanted to be the ‘applicant’…meaning he would control the trust with the courts. after seeing them 21 days in their whole life that seems a little unreasonable don’t you think? we sure did. naturally, their mother will be the applicant.
Hmmm maybe some of these frequent posters here have egg on their face …go back and re read what they said calling this father a loser and so on for filing this suit and I said as a few others this was probably his intent so with hold judgement! …wow glad we didn’t hang him or terminate his rights or worse as was called for
If a reporter (or any reporter for that matter) was willing to interview the father and tell the whole story we could have been better informed. The reporting was one sided and only told part of the story, and I’m not just talking about The Bangor Daily News either.
Edited to add a link to the story that I completely missed. I apologize to Bangor Daily News because they did cover this. I wish more newspapers did the same.
http://bangor-launch.newspackstaging.com/2012/08/03/news/midcoast/father-of-boy-with-severed-hand-wont-gain-from-lawsuit-lawyer-says/
the father has been portrayed accurately. there was no need to sue. the insurance company was always going to pay. he could have found out the status of the settlement with one phone call…and so could his lawyer. he has not seen, called, written, or payed for his sons since july 3rd. some ‘father’. he has abandoned them in every sense of the word. repeatedly.
Sorry I don’t believe you. I believe the father and the attorney until something different is printed. You sound jelouse that this dad stepped up and protected his sons rights! Hats off dad! Good job
well since i am the gradmother who has paid and raised these boys, i am guessing i know more about the particulars than you do. what you believe is of little consequence to me …or my grandsons.
You should stop and reflect for awhile before you go on about the boys’ father and lawyer. Remember, you’re the one who set this whole mess in motion. But for your conduct, the child’s hand would not have been severed.
Now that’s how a father should act. He did what was best for the child. My hat is off to you sir.
As readers, we should never be so quick to judgement on these matters (guilty of this myself). It’s now clear to us that the father sued in the best interests of his son, himself AND his ex. HUZZAH!
No, Pignone made the entire situation incredibly difficult, especially for his ex. The whole debacle was heartbreaking to watch, but Pignone’s stupidity was borderline insane in it’s incessantness
I don’t believe this was the original intent, especially the law firm.
What do you think was the father’s and the law firm’s original intent?
deleted. Please see my comment below with the link.
One of the later stories told it from the father’s side. His lawyer explained it very well to the reporter. Of course, most of the BDN readers – if the comments are a guide – weren’t prepared to understand and believe what the lawyer said. There was an enormous amount of irrational prejudice against the boy’s father and the lawyer, and it was really too bad because they were doing the right thing. Only a few of the commenters understood what was happening; it was obvious to any lawyer or insurance professional.
Attorney Kagan deserves a lot of credit for his handling of the case pro bono.
I have re-read all the stories I could find and still don’t see an interview with the father or the attorney.
If you have a link to the story, please post it.
What is obvious to an attorney or an insurance professional isn’t obvious to the rest of us. Not arguing with you at all, just wish the reporting was better, or perhaps I did miss the interview entirely.
We’re all grateful things are working out for Little Noah and his family.
Sorry, I don’t know how to post links, but I’ll give you a reference to the story which I got (along with all the stories) by putting “Noah Keene” in the BDN’s search box at the top. Here it is: August 3, 2012, [headline] “Father of boy with severed hand won’t gain from lawsuit, lawyer says”, by Tom Groening. Read the article’s comments, too, including mine where I laid it all out in very simple fashion.
Thank you. I found the story and commented above. Also went and changed my previous posts and/or deleted them. I completely missed that story and now have a more rounded picture of what went on.
wow bandbox…i am starting to think you are dan kagan!
I completely missed this part of the story and thank you for letting me know there was more to it than I originally saw. I think this clears up quite a bit of confusion:
“Kagan does not represent Pignone. Kagan said he could not comment on the
father’s custody status with the boys. “He authorized me to contact you,” the attorney told the BDN, “but I don’t
represent him personally. He hired me to represent the interests of the kids.” “-By Tom Groening, BDN staff.
http://bangor-launch.newspackstaging.com/2012/08/03/news/midcoast/father-of-boy-with-severed-hand-wont-gain-from-lawsuit-lawyer-says/
dan kagan did not take this case pro bono…he eventually said he would because of the bad press he received and deservedly so. he didn’t win a case so deserves no fee…but that has not stopped him from asking THE MOTHER to pay his out of pocket expenses. doesn’t it seem like he should bill the father for that since he is the one who hired him?
Actually, that’s not true. Lagan didn’t do the case pro bono, he backed off once he realized he was getting torn apart in the papers. He didn’t “get a fee” because he didn’t have a leg to stand on and had to drop his lawsuit. Everything about this case was already settled before Kagan and his scummy client came charging in making a mess of everything. Now they fabricated a story to try and save face. Gross
Give it a rest. No one believes you. But if you think there’s some traction in your nonsense, call up the BDN reporter and tell him what you’ve got about the so-called fabrication, etc.
who could imagine what their original intent was? but to keep stating it is about the financial future of the boys when you do not even pay child support, child care, health insurance premiums, etc. is laughable. and when geico could have told you from day one they were going to pay…why wouldn’t you call and ask what was going on before rushing to a law firm and assuming anyone needed to be sued?
Wow – sue the kids grandmother so that some lawyer can take a 1/3 or more of $50K? I think I’ll hold off on my vote for father of the year.
“Kagan said he and his law firm are waiving any fee for handling the case.”
Reading comprehension issues??
Either that, he didn’t get past the headline, he’s blinded by his hatred of lawyers ( or the boy’s father or insurance companies), or all of those things. We’ve seen a lot of it in the comments since the first piece about the lawsuit was published.
Typical Bangorian comment…..Open mouth insert foot..LOL
you need to re read i think you missed something
They waived the fees and weren’t going after the grandmother. They were going after the insurance company to pay it’s maximum payout for this kind of accident (which was covered).
“Attorney Daniel Kagan of Lewiston, who handled the lawsuit on behalf of the boy, Noah Keene,
said the lawsuit was filed only to get Setz’s auto insurance company to
pay up to the limits of its policy. Kagan said that goal has been
achieved.”
they did not need to sue. the insurance company said from the get-go they would pay. this story about how they forced the insurance company to settle is BS…they had nothing to do with it. just trying to save face now.
If the insurer was willing to pay from the “get-go” as you claim, they must have agreed that you were negligent and at fault in causing your grandson’s hand to be severed. Did you admit to the insurer that your grandson suffered his injuries because of your negligence? Did your daughter agree that you were at fault, also, and tell that to the insurer?
Why are you so mean? Really!
I suppose bandbox that when you are in the wrong that the best defense is a nasty and mean offense. And boy, you talk as if you know it all.. I sincerely doubt that you do.
I wonder if you really get under anybodys skin with your silly posts….keep em coming…they are good for a laugh.
Actually, they’re not. They’re just stupid.
lol i try…i try…
this is just a reminder that everyone should be presumed innocent until proven otherwise. In some cases I have been quick to jump. This is just a humble reminder that sometimes the justice system prevails.
Again though, that the people should have to go to court b/c of the insurance company is wrong.
Actually, the justice system didn’t prevail. The grandmother’s insurance company and the boy’s attorney agreed to a financial settlement without going to court.
The lawyer filed a lawsuit in court, it was settled, and the court will have to approve the settlement and the distribution of funds.
Sounds like “going to court” to me.
but that approval with not include dan kagan because his presence was unnecessary from the start. he should have done some homework before jumping in where NO lawsuit was needed.
The justice system does not necessarily mean having to go to court. A settlement after a lawsuit was filed is still part of the justice system.
The insurance company’s unwillingness to settle until formal charges proceeded is part of the problem.
The insurance company ABSOLUTELY agreed to settle well before the lawsuit. All that was needed was a filed claim, which had been done, by the boys mother. The lawsuit was completely unnecessary and caused everyone a plethora of headaches.
“Pignone said Monday that his goal was never to get any money. He said many statements made about him have been false.” -BDN article
We might have known this –IF– there was investigative reporting, including an interview of Pignone.
As far as I know, there was never an interview done by any newspaper. Not one. I would think that would sell newspapers but no reporters could be bothered to do any real investigating/reporting.
—————–
Edited to add a link to the story that I completely missed. I apologize to Bangor Daily News because they did cover this. I wish more newspapers did the same.
http://bangor-launch.newspackstaging.com/201…
people can say whatever they want in an interview that doesn’t make it the truth. the father is a deadbeat loser…just as he was portrayed. his children have been raised and supported by their mother and maternal grandmother all of their lives.
“a deadbeat loser”
I hope you don’t talk that way around the children about their father. It’s bad enough that you do it here, publicly, like an avenging angel.
I guess the judge didn’t trust the Dad with the money… Now the judge has to asign someone to care for the money and that uses up more money then the Lawyers would have gotten.. It’s a business.
No, there’s nothing unusual about the way this case was handled and settled. In all cases involving settlements on behalf of minors the court must approve the settlement and the distribution of funds. The only thing different about this case is that it got a lot of publicity and comments on the BDN’s website from people who didn’t (and some who still don’t) have a clue about these things, stupid comments for the most part from people who hate lawyers and who were predisposed against the boy’s father.
there was no judge. the lawyer dismissed the case (because he couldn’t win and it was none of his business imho)
It would have been nice to have this information in the original article. I wonder how the little guy is doing- he was having some difficulty dealing with the re-attached hand.
A perfect example of why people shouldn’t carry minimum liability….min. in ME is 50,000 per person/100,000 per accident and 25k property damage….these days that just isn’t enough!…I carry $250,000 per person/500k per accident and 100k property damage and it only costs me an extra $5 per month…it also covers you if someone else doesn’t have any insurance or not enough under the uninsured/underinsured coverage…hospital bills are a lot and 50k just won’t cut it, let alone pain and suffering…it’s all about peace of mind and my opinion 50k isn’t enough to cover this poor kids emotional and physical scars!
Danny, many people don’t have the opportunities, driving record, or driver maturity that you are being entitled to. Some of their own choosing, some not. I have higher than min insurance, but remember when I was younger, having higher insurance rates cost more than $5 a month
Good point, when I had an accident, that was fully attributed to weather and lack of road care by the city, my insurance amount was used up in the Emergency Room. My injuries, in light of the accident, were minor. I could have easily been killed so I consider myself very lucky.
I had x-rays, a CT scan of my head and time in a trauma room, in addition to materials to set a broken hand. The surgery I required later had to be paid by my health insurance, after they verified that I had reached the limits my insurance would pay.
or if you drive a 15 year old pick-up truck…then they won’t let you have big coverage. like the grandmother in this case.
In fact, it’s not a bad idea to carry maximum limits on your auto and homeowner’s policies and several million of additional coverage in an umbrella policy. It’s not that expensive.
And the insurance company is funded by WHOM ?
wow. dan kagan sure has a way with words. he did not take the case ‘pro bono”. bad press forced that hand. and he did not “waive any fee”…in order to be entitled to a fee he would have had to win a case. he didn’t. he dismissed the case because it was clear he didn’t have one and couldn’t win one. there was NEVER any question that GEICO was going to do the right thing and pay the limits of the policy. they said as much during the initial phone call made to them. dan kagan may want the world to think he played some part in this settlement but HE DID NOT. he is just trying to paint himself and his deadbeat client in a good light. in truth, they made a HORRIFIC event even worse. no sense of decency or humanity what-so-ever. and i repeat: THIS SETTLEMENT WAS NOT IN ANY WAY AN OUTCOME OF DAN KAGAN”S WORK. he invited himself to a conversation that he had no business being in. i think mr kagan may have learned a valuable lesson here; if you lay down with dogs, you wake up with fleas. though it IS true that the minor children saw their ‘father’ this june, it is also true that after 6 MONTHS of no contact, no letters, no phone calls, and certainly no money; the boys mother CALLED HIM and offered to bring the boys to cape cod to see him. his behavior during the 6 days the boys were there was so egregious it was agreed the boys are no longer safe in his care. the grandmother drove to meet him on their return trip…he fought tooth and nail to not have to drive them back at all. he wanted their mother to incur the time and expense of all travel…nothing new for him. this ‘man’ that is not a ‘deadbeat’ has not made one overture to see or inquire about the health of his sons since July 3rd (the boy was released from the hospital july 21) . no letters, no phone calls, no text to their mother. no money for their support. NOTHING. apparently too busy filing lawsuits and worrying about their “financial future”. while we worry about groceries for the week. perhaps steve betts would be considered a more legitimate reporter if he had asked for a statement from the boys mother before printing such drivel. the photos used are not even the father’s…they were pulled from the mohter’s fb page. the ‘father’ has no recent photos because he doesn’t see or spend time with them. his loss. Oh, I AM the grandmother, so i am pretty sure I am more in tune with the facts than dan kagan or steve betts.. sincerely, sharon setz
It’s obvious that you don’t like your grandson’s father and Mr. Kagan, but this public airing of your feelings is really unseemly. I should think you’d be content that your grandson now has the benefit of a $50,000 settlement fund, and leave it at that.
my grandsons had the coverage without dan kagan. and i am content with that.
This is the most disgustingly inaccurate article I have ever read. Stephen Betts ought to be ashamed. I guess this is covered under freedom of speech, you can print any version of reality you cook up.
Don’t whine about it here. If you think you’ve got something, call Betts and give it to him, instead of just pushing the version of reality that you cooked up for these comments.
I have some unsolicited advice for the grandmother who keeps posting here. Please do not read these articles, and if you do, please do not comment on them. You are just adding fuel to the fire and, with each post, you come across as less and less appealing. I agree with you about your grandchildren’s father. I get it. Absent fathers are all the same. But some day your grandchildren will Google these articles and will have to read all of the nasty comments coming from both sides. I know it will be difficult, but please ignore the comments. It’s over. Let the peace begin with you.
Are some of these people dense or just plain stupid. They keep chattering on as though Kegan has won a lawsuit. The only thing Kegan did was to drop a frivolous lawsuit because the insurance company had already agreed to pay the full amount before the lawsuit was filed. Now he apparantly would like the mother to pay. She did not hire Kegan nor did Noah. The deadbeat father hired Kegan so why doesn’t the father pay? Because both he and Kegan know that Kegan did nothing. What part of this don’t these people understand?