The firm represented a 68 year-old gentleman who had sudden onset of back pain and was diagnosed with gallstones. A laparoscopic procedure was used to remove the gallbladder, during which the surgeon inadvertantly tied off the common bile duct rather than the cystic duct, resulting in severe jaundice. Two subesquent surgeries were required to reattach the bile duct. The client had to use a bile bag for two months and was bedridden for four months. The firm recovered $250,000 from the defendant surgeon’s insurer.
Client was a 36 year-old investigator with history of prior shoulder surgery and related neck pain who was rear-ended by uninsured motorist. No ER care was needed, but he developed increasing low back pain. An MRI noted transverse process fractures(non-operable) at L3 & L4. Aquatic therapy gradually relieved the low back pain over several months. Client was off work 2 months and incurred $15,000 in medical liens. Case resolved for $90,000
Firm’s clients stayed at OC hotel during their honeymoon. While partying in the large suite jacuzzi, wife thought she heard scratching on the wall. Husband left room to investigate, and saw a crawl space in the unlocked utility room next door adjacent to the jacuzzi pump. An alleged “peephole” was detected in the adjoining wall into the jacuzzi suite, although there was no hard evidence that anyone had been in the crawl space or that the pinhole was in fact a “peephole”. Firm recovered $140,000 for invasion of privacy for couple.
High school senior and soccer player was injured during practice when she tripped and fell into a metal gate placed near the soccer field to divert runners out of number 1 track lane. Plaintiff alleged a dangerous condition of public property against the district resulting in a fracture of her jaw. Case resolved at mediation prior to trial for $110,000.00.
A recent appellate court decision (Gilmer v. Ellington, 2008) affirms that drivers who are stopped in a through traffic lane and wave a left-turning motorist to cross in front of them have no liability to the injured driver hit in the next lane over by the left-turning driver! Wave them into oncoming traffic with no liability- so watch out for cars stopped in through traffic lanes ahead of you.
Our client was a 70 year-old gentleman who showered in the men’s locker room after playing golf and walked directly over to the jacuzzi. He slipped and fell on the wet tile flooring at the jacuzzi, fracturing his hip, requiring a pin. He made a recovery that enabled him to travel the U.S. three months later and resumed his weekly golf 6 months later. There had been reports to the club management that the tile floor was too slippery when wet, and attempts to score the tile were made, but unsuccessful. The matter was resolved at mediation for $87,500.00, with Medicare settling for a reduction on its $7,000 medical lien.
60 year old diabetic walked up a slight incline grass slope at a park to enter baseball field. Following game he exited through same area and slipped on grass slope worn away by pedestrian traffic. Plaintiff sustained fracture of his ankle and prolonged swelling due to diabetic condition. Diagnosed after ankle fracture with onset of early dementia. Case resolved for $50,000 at mediation prior to trial.
The firm represented a 45 yr.old woman who sustained a fractured tibia and fibula and 3 lost teeth when an 80 yr.old lady pulled a left turn directly into her path in Carlsbad. The defendant was underinsured ($100,000 policy limits) but owned a condo free and clear. Plaintiff did not have UIM coverage available to her. Plaintiff had a $65,000 Kaiser lien for medical care. The case was resolved at mediation for a $60,000 personal contribution from the defendant plus the policy limits after Kaiser agreed to accept $30,000 to satsify its lien and the defendant’s insurer agreed to pay $25,000 on husband’s negligent infliction of emotional distress claim/BI claim. He was seen at Kaiser on one occasion with no treatment or x-rays given.
The firm settled a rear end accident for a retired couple who were stopped in their Mercedez when rear ended by a drunken driver. Both suffered from chronic soft-tissue “whiplash” cervical sprains and treated with two different therapists over 10 months. The husband gave up his memebership at Coto de Caza Golf Club due to restriction of motion in his neck. The defednant’s insurance adjuster offered a combined settlement of $18,000(roughly the medical costs) prior to the firm’s retention. After extensive discovery and a mediation, the matter settled before trial for a combined sum of $100,000.00.
Law firm’s client was a 48 yr. old commercial painter, painting an overhead ceiling trap door at a new pharmacy when the trap door swung down onto the front of his hard hat. He sought urgent care the following afternoon after completing work due to headache. He was diagnosed with advanced degenerative disc disease, having previously been diagnosed with carpel tunnel syndrome and C-6 radiculopathy without treatment. He was off work nine months and returned to work following successful facet injections into the neck. Case resulted in award of $165,000, $40,000 of which paid worker’s compensation lien of $60,0000.