James S. v. Doe Corporation, Sacramento, California
$4.0 million dollar settlement for front seat passenger who was rendered paraplegic after being ejected through passenger door during slow speed rollover. Plaintiffs alleged that the door latch was defectively designed and that compressive forces generated during the rollover caused the latch to bypass and the door to open. Defendant alleged that plaintiff was ejected through the passenger window, had suffered his injury by striking the interior roof of the vehicle and was not wearing his seatbelt.
Verdicts & Settlements
1993 Sedan Rollover/Door Latch Failure
James S. v. Doe Corporation, Sacramento, California
1992 Passenger Van/Rear Gas Tank Explosion
Estate of A, B and C v. Doe Corporation, San Jose, California
$5.75 million dollar settlement for 5 decedents (ages 82, 47, 16, 12 and 8). Van with “hang down/split’ gas tank was struck by bullet vehicle traveling at 100+ mph after making an illegal u-turn across an unlit highway at night. Plaintiffs alleged van’s gas tank and fuel neck were defectively designed and that the sliding door’s locking mechanism jammed, trapping the back seat passengers in the van while it burned.
1992 Sports-Utility Vehicle/Rollover
M/A v. Doe Corporation, Boston, Massachusetts
$6.5 million dollar settlement: $4.0 million for 23 year-old female driver who suffered brain injury and paraplegia; $2.5 million for wrongful death of her 21 year-old brother/passenger. Plaintiffs allege vehicle was inherently unstable and uncontrollable when making a high speed avoidance maneuver. Vehicle rolled over 5 times and roll bar crushed both driver and passenger. Defendants alleged excessive speed and inattention of the driver
Kathleen K. v. Doe Medical Center: Los Angeles Superior Court
$3.2 million dollar settlement for 38 year-old unemployed female with underlying prescription drug abuse problem who developed an epidural abscess that defendants failed to timely diagnose and treat resulting in below the waist paraplegia,
DTP Drug Reaction/Brain Damage
Steven M. v. Doe Program
Brian C. v. Doe Drug Manufacturer
Washington, D.C. and Los Angeles, California
$1.75 million dollar settlement for Steven M. and $2.5 million dollar settlement for Brian C. Both minor plaintiffs claimed to have suffered allergic reaction to the pertussis component of the vaccine resulting in an encephalopathy causing cerebral palsy and brain injury,
Cerebral Palsy/Brain Damage Larry C. v. Doe Clinic, Doctors and Hospitals
Confidential $2.040 settlement tor severely brain-injured infant. Larry C:s mother received prenatal care at a local clinic where she was thought to have developed cholestasis during her last trimester. Before necessary definitive treatment, she was admitted to hospital where her labor was maintained by nursing staff and a junior resident. Throughout the night, the fetal monitoring strip deteriorated, yet nothing definitively was done to deliver the infant. Early the next morning, the attending obstetrician arrived, examined the mother and strip and decided to wait for another hour, during which time the fetal heart monitor strip again deteriorated and the infant was delivered via emergency c-section. The infant was delivered and was severely depressed and admitted immediately to the neonatal intensive care ward. Larry C. was discharged 28 days later with profound brain damage.
Plaintiffs claimed that the clinic was negligent in failing to timely diagnose and treat the underlying cholestasis and that the hospital and obstetrician were negligent in failing to timely detect fetal distress and timely intervene. The defendants denied all allegations of negligence claiming that the infant’s strip on admission revealed preexisting fetal distress that was consistent with a significant preexisting problem, that the infant’s presentation and blood work ruled out acute hypoxic injury and that the infant’s life expectancy was drastically reduced (e.g. less than five remaining years).
Estate of Joel V. v. Doe Emergency Department: Santa Cruz, California
$875,000 settlement for the family of farm worker who, while inebriated, fell out of a tree. Emergency Department failed to diagnose a subdural hematoma and provided him with narcotic pain medication for a headache. Decedent passed out at home after discharge from the Emergency Department and never awakened.
Brachial Plexus Injury
William S. v. Doe Medical Center and Roe Obstetrician: Los Angeles, California
$475,000 settlement for 1 year-old male infant who sustained a right brachial plexus injury as a result of excessive traction applied by obstetrician during a shoulder dystocia delivery.
Cerebral Palsy/Brain Damage
Jason L. v. Doe Medical Center; Roe Surgeon and Anesthesiologist: Los Angeles Superior Court
$3.5 million dollar settlement for 2 month-old infant who suffered brain damage resulting in cerebral palsy and mental retardation. Pediatric surgeon negligently failed to stop surgery on scrotal hydrocele after noting blood was ‘turning black.” Hospital’s anesthesiologist had misintubated infant in right mainstream bronchus resulting in poor oxygen perfusion which caused hypoxic brain injury.
Cerebral Palsy/Brain Damage Mancinas v. Doe Governmental Entity
Brain-injured twin medical malpractice case with companion Burgess/NIED claim by mother. Plaintiffs alleged grossly negligent management of labor, delivery and neonatal resuscitation by governmental entity personnel which resulted in permanent brain injury and kidney damage to one of the twins. Defendant initially denied any liability or wrongdoing. The case settled in January 2010 for $8.08 million.