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Personal Injury - Negligence
$5.8 Million Dollar Settlement (Automobile) – Our client was proceeding on to an interstate highway that was under construction. Materials used in the construction of roadway and surrounding areas were being stored adjacent to the roadway. The parties responsible for the construction site failed to properly maintain the barrier between the construction materials. During a rainstorm, these materials and other debris on the site washed onto the roadway. Our client was driving to work during rush hour when her car passed over the construction materials and debris causing her car to the first hydroplane and then flip multiple times. Our client suffered a severe spinal cord injury rendering her a quadriplegic, requiring round the clock medical care and treatment. After extensive discovery and the use of engineers, accident reconstruction experts and others to present plaintiff and her family’s case on liability, along with economic and medical experts to determine our client’s future medical care and treatment, lost wages and other expenses related to modifications to her living environment, transportation and other needs impacted by her life-changing injuries, we were able to secure a substantial settlement.
$5.8 million dollar settlement
PREMISES LIABILITY (ASSAULT)
A settlement for payment of the policy limits of the property owner’s insurance policy to my client.
$300,000.00 (Policy Limits) Settlement – Our client was driving to his job as a music instructor when he approached an intersection with a traffic signal that had changed from green to yellow, causing him to proceeded through the intersection to turn left. An oncoming SUV hit our client directly on the passenger side of the car causing the car to flip multiple times. Our client was transported by air ambulance to the hospital where he underwent multiple surgeries to repair multiple facial fractures. After investigating the accident and presenting the other driver’s insurance company with witness statements, medical bills and reports from the treating doctors, we were able to obtain the entire policy limits from the other driver in settlement of our client’s claim.
$300,000 (policy limits) settlement
SURGERY WITHOUT INFORMED CONSENT
$500,000.00 Settlement – Our client visited a cosmetic surgeon for a consultation on a procedure to address excess skin resulting from a client’s recent and rapid weight loss. After deciding to move forward with this single procedure, the client made an appointment with the doctor’s office. The night before the surgery, the client took a sedative prescribed by the doctor and, as further directed, took a second dose of the sedative before arriving at the doctor’s outpatient surgical center for the procedure. After bringing our client into the surgical suite and administering a third sedative intravenously, the doctor presented our client with numerous documents to sign, including multiple consent forms for three additional procedures that the doctor had not previously discussed with the client. The client did not recall ever discussing the additional procedures, signing any consent forms or otherwise agreeing to the additional procedures. Following the procedures, the client developed multiple infections that were treated by an unlicensed physician at the doctor’s office. The client also experienced severe cosmetic and functional problems including the inability to eat without choking. The client required multiple surgeries to address the medical problems caused by the original cosmetic surgeon and the unlicensed doctor’s post-surgical mismanagement of the client’s infection. The case settled at trial selection of a jury.
$300,000 Settlement – We represented the surviving spouse in a wrongful death action against the hospital, the rehabilitation facility and multiple doctors who were responsible for the care and treatment of the decedent. Following hip replacement surgery, the decedent was admitted to a rehabilitation facility. Shortly after being discharged from the rehabilitative care facility, the decedent died at home from a pulmonary embolism, secondary to a Deep Vein Thrombosis (DVT). We filed suit against the doctors who failed to conduct a proper pre-operative evaluation of the decedent which would have revealed that the decedent was at a high risk for DVT’s; the hospital and doctors who performed the hip replacement surgery for failing to properly monitor, examine and test the decedent (which testing would have revealed that the decedent had an embolus), and for not timely treating the decedent; and, the rehabilitation facility and its medical director for discharging the decedent without the prescriptions which the medical director ordered for the decedent, but failed to write and provide to the decedent. The medication ordered by the medical director on discharge was specifically to address the decedent’s risk for DVT’s and was a deviation from the rehabilitation facility’s postoperative hip-replacement protocol, as well as the prevailing standard of care. We settled with the last defendant during jury selection.
Defense (Settlement of $400,000,000.00 claim for under $100,000.00) – Our client was one of five (5) “master” engineers on a government-funded project for county-wide infrastructure repairs in Florida caused by multiple hurricanes. As a “master engineer” on this large project, all five (5) master engineers supervised and managed more than sixty (60) engineering companies who performed the work on the project. During the project, one of the engineers working for one of the subordinate engineering companies sued all five (5) master engineering companies alleging that they had defrauded the federal government by not performing work for which they invoiced the federal government; allegedly failing to perform work to minimum acceptable engineering standards and a host of other alleged misdeeds on the part of the “master engineers” and/or the subordinate engineers. Our first challenge was resolving our client’s claim for defense and coverage of the claim from our client’s insurer. Despite the fact that the plaintiff alleged that our client had “intentionally” committed fraud, we were successful in convincing our client’s insurer that coverage existed under our client’s insurance policy for at least one of the claims set forth in the plaintiff’s complaint. Thereafter, our client, as the only company of the more than sixty (60) defendants sued who successfully secured its insurer’s defense of these claims, agreed to have us act as the lead counsel for all defendants under a joint defense cooperation agreement. After approximately 18 months of reviewing voluminous documents related to the project and taking numerous depositions of the “master engineers”, government inspectors, government officials, and the plaintiff, we successfully settled the case at mediation for what amounted to nuisance value as the costs incurred by plaintiff exceeded the amount of the settlement, without any admission of wrong-doing on the part of our client and/or any of the other defendants
Settlement of $400,000,000 Claim for less than $100,000
$900,000.00 (Counterclaim) – Our client was sued by one of its product suppliers for unpaid invoices for products sold. Our client maintained that the products were defective and unsellable. The product supplier sued our client for monies allegedly due and we counter-sued on behalf of our client for lost business opportunities resulting from the defective product. After a four (4) day jury trial, the jury returned a defense verdict for our client on the product suppliers claims and a verdict in favor of our client for damages resulting from the product suppliers having sold our client defective products.
$900,000 Jury Verdict on Counterclaim
$3,000,000.00 Environmental Cleanup (Adversary Proceeding in Bankruptcy) – We represented the purchasers of a large automotive concern in a dispute of monies set aside at the closing of the purchase to deal with future contingent environmental liabilities arising from our client’s acquisition of certain real properties. Shortly after the closing on the purchase, the seller of the automotive concern filed bankruptcy and sought to void the agreement regarding the contingent environmental liabilities and reclaim the monies that were set aside in escrow. Upon being retained by the client, we began working with the client’s bankruptcy counsel, and the client’s environmental professionals to quantify the costs to remediate the environmentally contaminated properties for purposes of claiming said costs from the escrow fund through the bankruptcy court. We succeeded in obtaining an order from the bankruptcy court accepting our client’s environmental remediation plan and the associated costs, and reaffirming our client’s claims against the funds set aside at the closing for implementing our client’s environmental remediation plan.