CALIFORNIA CASES
Eye/Face Injuries
Settlement: $1,900,000
Under the direction and
supervision of school janitors, the football field was painted by placing
screwdrivers into the ground with string tied to each of the handles and pulled
tightly, so as to make a straight line; a screwdriver became dislodged, flew
through the air 30 feet and struck a student's face (Ornellas v. Kerman
Unified School District; Fresno County Superior Court, plaintiff attorney:
Jason S. Bell).
Crushed Foot
Settlement: $2,000,000
A 400-pound structural
steel beam fell approximately 10 feet off of a flatbed truck and crushed and
pulverized plaintiff's foot, requiring a partial amputation (Cruz v. FCP
Inc., Los Angeles County Superior Court, Plaintiff Attorney: Brian J.
Panish).
Failure To Inform
Settlement: $699,000
Plaintiff argued that her
ob/gyn failed to inform her of a positive breast biopsy result and that during
the period of delay her cancer progressed from curable to incurable (Confidential
v. Confidential, Orange County Superior Court, Plaintiff Attorney: Daniel
M. Hodes).
Wrongful Death
Settlement: $1,000,000
Two tractor-trailers
traveling the same direction collided, causing both to be engulfed in flames, killing
plaintiffs' decedent; decedent was semi-retired and earning only about $8,000
per year, so the bulk of plaintiffs' damages were non-economic (Perez v.
Mateut, Kern County Superior Court, Plaintiff Attorney: Roger E. Booth).
Medical Elder Abuse
Verdict: $1,250,000
Veteran claimed that elder
abuse, negligence and negligent hiring and supervision by one or more of
defendant's care facility employees caused falls, resulting in his paralysis (Tully
v. State of California Department of Veteran's Affairs, Los Angeles County
Superior Court, plaintiff attorney: Stephen M. Garcia).
False Claims
Settlement: $105,000,000
Plaintiffs alleged
defendant GlaxoSmithKline unlawfully promoted its asthma drug, Advair, and
antidepressant drugs, Paxil and Wellbutrin; $105,000,000 to Multistate Working
Group, which included 44 states and the District of Columbia; California's
share of the settlement reportedly was $7,087,898 (People of the State of
California, et al. v. GlaxoSmithKline LLC, San Diego County Superior
Court, plaintiff attorney: Kamala D. Harris).
Disability Discrimination
Verdict: $1,624,320
Terminated staff
psychiatrist who had attention deficit hyperactivity disorder and major
depressive disorder alleged that California Department of Corrections failed to
accommodate and wrongfully terminated her (Becraft v. California Department
of Corrections and Rehabilitation, San Diego County Superior Court,
Plaintiff Attorney: Melissa L. Bustarde).
Chiropractic Claim
Verdict: Defense
Patient claimed that
defendant chiropractor injured her during adjustment, allegedly causing her
Complex Regional Pain Syndrome (Boether v. Nguyen, San Joaquin County
Superior Court, defense attorney: Barry Vogel).
Financial Elder Abuse
Verdict/Decision: $1,800,000
Court held that evidence of
defendant's poor financial condition was admissible, given that the plaintiff
claimed that defendant exerted undue influence over decedent to obtain
decedent's estate because defendant needed money; after jury found for
plaintiff on liability, the court returned the estate valued at approximately
$1.8 million to $2 million to plaintiff's family (Shook v. LaFarre, San Mateo
County Superior Court, plaintiff attorney: Niall P. McCarthy).
Sexual Assault
Settlement: $3,000,000
School district paid $3 million
settlement to student who was sexually assaulted by teacher (Confidential v.
Pajaro Valley Unified School District, Santa Cruz County Superior Court, plaintiff attorney: David M. Ring).
Alleged Brain Damage
Verdict: $3,842
Plaintiff demanded $1
million before trial for alleged brain damage; defendant #1 offered $15,000;
jury found 100% fault against defendant #1 but awarded only $3,842 (B.O. v.
Hawkins, San Luis Obispo County Superior Court, defense attorney: Sandra
K. Brislin).
NATIONAL CASES
Actos/Bladder Cancer
Verdict: $9,001,475,000
Drug manufacturers
allegedly concealed risks of patients developing bladder cancer associated with
taking drug to treat Type 2 Diabetes Mellitus and failed to adequately warn
prescribing physicians and their patients of such risks (Allen v. Takeda
Pharmaceuticals International Inc., Eli Lilly and Co., et al., Louisiana
– United States District Court, W.D.La., plaintiff attorneys: W. Mark
Lanier/Paul J. Pennock).
Paralysis
Verdict: $12,147,077
Plaintiff, an employee of a temporary staffing agency, was paralyzed in a
warehouse accident when a pallet of dog food fell 20 feet from a shelving
system onto his head; defendants contended they were immune from suit due to
the exclusive remedy provisions of the Texas Workers' Compensation Act (McGowan
v. Tractor Supply Co. of Texas, L.P., et al., Texas – McLennan County
District Court, plaintiff attorneys: Rod Squires/Ryan C. Johnson).