CALIFORNIA CASES
Lead Poisoning
Verdict: $10,000,000
A boy reportedly
suffered lead poisoning and associated permanent neurological injury, leading
to speech and other developmental delays as a result of exposure to chipped and
flaking paint in a home his mother leased from defendant State of California (C.M.
v. State of California, Los Angeles County Superior Court, plaintiff attorneys: Matthew S. McNicholas, Philip Shaknis).
Magnuson-Moss Act
Verdict: Defense
Consumers brought a class
action against homeopathic remedy maker that advertised its products as a
treatment and cure for 'relief of simple nervous tension and occasional
sleeplessness' (Allen v. Hyland's Inc., Central District Federal Court, defense attorneys: Jeffrey B. Margulies, Spencer Persson).
Loose Railing
Verdict: $2,102,161
A building resident alleged
she lost her hold on a railing that defendants allegedly knew was loose, fell
down the stairs and broke her clavicle and leg; jury found that plaintiff was
40 percent at fault (Staedler v. Galu Realty L.L.C.; Galu, San Francisco County
Superior Court, plaintiff attorney: David C. Anderson).
MRSA Paraplegia
Settlement: $3,570,000
Patient undergoing an
elective cervical discectomy claimed that her MRSA infection was noted but not
treated with antibiotics nor follow-up, which she claimed led to permanent and
irreversible paraplegia (Confidential v. Confidential, Los Angeles
County Superior Court, plaintiff attorneys: Carl A. McMahan, John W. Shaller).
Learner's Permit Crash
Settlement: $195,000
Defendant driver, who was
driving under a learner's permit under her mother's supervision, allegedly made
an unsafe left turn and collided with a motorcycle (Robert L. v. Lynsey A.,
Los Angeles County Superior Court, plaintiff attorney: Darren O. Aitken).
Leg Fractures
Verdict: $2,000,000
Plaintiff suffered
bilateral pelvic rami fractures that healed with a deformity, sacral fracture,
and multiple left leg fractures requiring internal fixation as a result of negligence
by defendant driver and his employer (Knight v. Ramsey Asphalt Construction
Company; Dworak, Santa Barbara County Superior Court, plaintiff attorney: Jeffrey
S. Young).
Cardiopulmonary Arrest
Verdict: Defense
Defense experts opined that
an abdominal pain patient was not septic and did not have acute respiratory
distress syndrome during her hospitalization, and her unexpected death was a
result of cardiac arrhythmia as a result of severe, unrecognized cardiomyopathy
(Gerrie v. Nalam, Riverside County Superior Court, defense attorney: Sheila
S. Trexler).
Scaffolding Fall
Settlement: $110,000
A 40-year-old mason tender
died after he fell from scaffolding while building a public school (M.M. v.
Cal K-12 Construction Inc., San Bernardino County Superior Court, plaintiff attorney: Atticus N. Wegman).
Investor Lawsuit
Settlement: $37,500,000
Investors claimed
misrepresentations caused losses to a class of people who owned partnership
units in one or more of several limited partnerships (Schulein v. Petroleum
Development Corporation, Central District Federal Court, plaintiff attorneys:
Marc M. Seltzer, Thomas G. Foley Jr.).
NATIONAL CASES
Fault Disputed
Verdict: Defense
Motorcyclist alleged that
defendant pickup truck driver and defendant owner were responsible for
plaintiff's multiple fractures; defendants alleged the plaintiff was travelling
at double the speed limit, which was the sole proximate cause of the collision (Aspillaga
v. Villamonte; Astaldi Construction Corp., Florida – Miami-Dade County
Circuit Court, defense attorneys: Elizabeth Boan, William S. Reese).
Sperm Thawed
Settlement: $1,000,000
A 35-year-old man
reportedly suffered loss of his semen sample and inability to conceive his own
child when a cryopreservation tank operated by defendant failed, causing his
sperm sample which was stored in the tank to thaw and be rendered useless (Anonymous
v. Northwestern Medical Faculty Foundation, Illinois – Cook County Circuit
Court, plaintiff attorneys: Bruce R. Pfaff, Scott Steadman).