Verdicts & Settlements

Defective Product | Broken Arm

A young boy was seriously injured on a defective trampoline that was ultimately subject to a product recall. He suffered a compound fracture to the bones in his arm, and he had to have a metal rod inserted to stabilize the injury. The boy’s parents initially tried to resolve the claim themselves, but they contacted our firm after being stonewalled by the Chinese manufacturing company. After we took over the claim, we were able to open up a line of communication with the trampoline company, as well as the American retailer that sold the defective product. We collected the medical information and expert opinions necessary to prove the claim, and once the child’s doctors indicated a positive long term prognosis with a full recovery, we put case on a fast track and reached a six figure settlement at mediation without even having to file a lawsuit. This case was settled within only four months of our initial meeting with the clients. Out of the settlement recovery, the boy’s future medical treatment was covered; we negotiated a reduced payback to the health insurance company who initially paid the past medical charges; and there was enough compensation left over to set aside a substantial fund to help pay for the boy’s educational/college expenses in the future.

Medical Malpractice | Failure to Diagnose Broken Neck

Our elderly client was injured in a one car accident. When she was transported to a local hospital, the on duty radiologist missed a severe neck fracture when reviewing her CT scan. She was sent home with pain medicine and diagnosed with a simple neck sprain. Unbeknownst to her, she had actually suffered what doctors commonly refer to as a “hangman’s fracture” – a significant and often fatal break in the upper neck. Due to her ongoing pain and frequent return visits to her primary care doctor, follow-up CT scans were ordered and the break was identified. Unfortunately, though, the month long delay in diagnosing her broken neck caused the bones in her neck to shift and made the resulting surgery and hospital stay much more serious and disabling than it should have been.

 

After being contacted by the client, we immediately arranged to have the original CT scans reviewed by multiple radiologists, who confirmed our belief that medical malpractice occurred. After persuading our client’s treating physician to cooperate with our efforts to establish damages, we pursued a claim against the negligent doctor and ultimately obtained a six figure settlement. In fact, after sitting down and making our case to the defense attorneys who’d been hired to handle the claim, we were able to conclude a settlement without even having to file a lawsuit – much to the relief of our client.

Wrongful Death | Trucking Case

Our clients’ parents were both killed in a head-on auto accident with a commercial tractor-trailer. Eyewitnesses stated that our clients’ father was at fault for the accident, and as a result, several attorneys and firms rejected the case before the clients came to our firm. Despite the factual difficulties of the case, our investigation went beyond the surface and revealed a number of alarming facts that cast significant doubt on the eyewitness accounts. We were able to secure news footage, police reports, and photos that revealed devastating damage in an inconsistent location on the street. Most importantly, we secured federal trucking safety reports showing that the tractor-trailer and trucking company had an abysmal safety rating and history of citations, including a citation for faulty brakes that were discovered in an inspection of the tractor-trailer a few days following the accident. We were able ultimately to resolve the case without necessity of even going trial for a substantial, yet confidential amount.

Workplace Injury

Our client was a commercial roofing supervisor. Due to an unsafe tripping hazard created by another subcontractor working on the same construction project, our client fell face first approximately 25 feet onto a concrete floor. He suffered debilitating injuries to his face, eye, arms and hands that left him significantly disabled. He endured several surgeries and incurred medical bills in excess of $200,000.00, and he was deemed unable to work again in virtually any occupation requiring physical labor. The client was informed by family, friends and other attorneys that his exclusive avenue for relief was a worker’s compensation claim (which provides for reduced recovery compared to a regular tort claim), and so he initially sought our services only with respect to worker’s compensation. We were able to settle that claim quickly without trial for several hundred thousand dollars which was the absolute maximum amount available under the statute.

 

Upon further investigation of the facts and law, however, we discovered a little-used exception under the law that allowed the client to also pursue a separate tort claim against the subcontractor despite vigorous denial and defense by the subcontractor’s insurance company. After significant effort to hire and secure reports from noted construction safety experts, medical and vocational experts, and witness affidavits, we were able to settle the claim for an additional $1.8 million over and above the worker’s compensation settlement. This allowed the client to pay off his mortgage and car loans, purchase a business so that he could continue to earn income going forward, and structure part of the settlement to provide for the education and welfare of his children.

Pharmacy Error | Drug Error

One of the major national pharmacy chains negligently mis-filled the prescription of our client. This medication error ultimately led her to the emergency room with severely depressed heart rate and respiration function. She was ultimately forced to have a defibrillator implanted. After fiercely denying payment on the claim, and initially even denying that the prescription had been mis-filled, our depositions of the pharmacist and other pharmacy employees nailed down the necessary evidence needed to establish liability. We further utilized the services of medical experts to prove the link between the medication error and our client’s medical condition. Once confronted with this evidence, the national pharmacy chain agreed to a confidential settlement that exceeded six figures.

Auto Accident

Our client was paralyzed in an auto accident caused by another driver running off the roadway. After the insurance company initially denied that its driver was liable for the accident, we filed suit, located witnesses, recorded their statements, secured possession of the vehicles and made extensive photographs of the accident scene. The insurance company quickly agreed to a confidential settlement for the maximum limits of the insurance policy. We also worked with co-counsel in a separate suit against the auto manufacturer alleging that a defective seat in the vehicle contributed to our client’s injuries. That case was also settled for a substantial, yet confidential amount.

Defective Product | Hip Implant

Our client received a ceramic hip implant that was later called into question by the FDA. While at work, our client stood up and the implant cracked and broke into two pieces. He required emergency surgery to replace the defective implant. We filed suit against the domestic manufacturer of the defective implant, as well as the foreign manufacturer of a certain defective component. Within one month, the foreign manufacturer agreed to accept responsibility for the defective product and agreed to payment of a confidential settlement that exceeded six figures.

Auto Accident

Our clients were three sisters involved in a car accident. They were all under the age of 18. One of the girls had a significant spinal and back injury, one had minor cuts and bruises, and one had facial scarring caused by broken glass from the accident. The insurance company agreed to a settlement for the maximum limits of the insurance policy coverage. As part of the settlement, we were also able to utilize certain tax advantages to structure a portion of the settlement funds into future payments that would be timed to cover college tuition costs for two of the girls. We were also able to negotiate a significant reduction in the amount of the bills being asserted by our clients’ medical providers, so that they were able to retain more of their settlement dollars.

Hospital Fall | Hospital Negligence

Elderly client was hospitalized and heavily sedated and medicated. She was not properly monitored or restrained by hospital personnel, and she was permitted to fall from her bed. She sustained a broken hip, which required two surgeries and a long course of therapy. After filing suit and conducting significant discovery and medical record reviews, which were complicated by the significant unrelated medical conditions suffered by our client, we were able to resolve the case at mediation for confidential amount substantially exceeding six figures.

Auto Accident

Our client was the passenger in an auto accident that resulted in severe spinal injuries. Her medical bills alone exceeded $300,000. After initially questioning liability for the accident and pointing the finger at other possible parties, the insurance companies agreed to a confidential settlement for the maximum coverage limits of the auto insurance policies involved. More importantly, however, we were able to negotiate a reduction the amount of money the health insurance company sought to take from the settlement funds as reimbursement for the medical bills it had paid out on behalf of our client. In fact, due to the extent of our client’s injuries, we were able to negotiate a reduction of that amount to $0, which meant that our client was able to keep each and every dollar of her share of the settlement funds.

Invasion of Privacy

Our client was the victim of a peeping tom incident in the dressing room of a national retail chain store. We conducted an extensive investigation and filed suit after the corporation denied that the incident had even taken place. After a series of depositions of store management and former employees, we uncovered significant evidence to support a pattern and practice, and also discovered substantial contradictions in witness testimony. After months of denying that the incident took place, store management entered into a confidential settlement substantially in excess of six figures.