Personal Injury & Medical Malpractice
$21 million - Largest California verdict (non-punitive) for single individual, including interest and costs. Zivic v. Winterland, et al., 2001. Involved auto/truck accident with claimed brake failure defense.
We recently tried an interesting case in San Francisco County Superior Court. We represented a 56-year-old woman who was injured when her car was struck from behind by a Mack truck at the Fourth Street off-ramp off Highway 280. She was waiting at a stop light when the truck hit the car behind her and then pushed her car into the car in front of her. The driver of the truck claimed that his brakes failed at the last minute. At the scene of the accident she did not seem to be seriously injured; nevertheless, she was taken to the hospital where they discovered she was bleeding into her brain. She was admitted to the hospital for an emergency craniotomy to evacuate a large subdural hematoma. She was in a coma for three days and woke to a partial paralysis. Several months later she had recovered her motor abilities, but had residual cognitive deficits including memory, concentration and the ability to perform multiple tasks simultaneously. She attempted to return to work eight months after the accident as an executive search recruiter, however she was unable to perform the demanding aspects of her job. The defense contended that she was obviously bright, articulate and therefore should be able to work. They also contended that the brake failure could not have been anticipated. We convinced the jury that she was not able to return to her previous employment and there was not a brake failure. The defendant offered $3,500,000 in settlement, which was rejected. The jury awarded $19,631,000. The judgment was entered for this amount plus past interest and costs for a total of $21,000,000. Our investigation indicates that this may be the largest net compensatory (non punitive) award of its type for an individual in California state history.
$9.9 million - Confidential largest medical malpractice settlement in California history; involved cardiac death of young executive (2001).
Our wrongful death attorneys in San Francisco recently settled a case involving the death of an athletic 38-year-old executive, who stopped at a clinic on his way to the airport complaining of exert ional and resting chest "tightness," which was relieved by Advil. The EKG was normal; there were no cardiac risk factors. The doctor diagnosed chest muscle strain and allowed the decedent to fly on to Colorado and then Mexico. He died 7 days after the clinic visit. Unfortunately, his tissue was severely decomposed when it was returned to the United States. There was no evidence of myocardic infarction, but there was an 85% sclerotic lesion in the right coronary artery and congenital narrowing of the left coronary artery. We contended that the decedent died of myocardio- ischemia. Defendants argued that the decedent appeared healthy and in no distress and therefore the clinic symptoms were not cardiac and his death was probably from some other cause. Our wrongful death attorneys believe that this is the largest pre-judgment medical malpractice settlement in California history.
$8.9 million - Largest 9th Circuit Federal birth injury trial judgment in history as of 1985; Moreno v. U.S. (Hawaii Federal Court)
We tried a case in San Francisco involving an 18-year-old woman who had been rendered quadriplegic during radiation treatment for cancer she had suffered as a child. This was an extremely difficult liability case against two major local hospitals and a nationally-recognized radiation therapist. The defense offered $500,000 to settle the case. That offer was withdrawn during the eight-week trial. The 1978 jury verdict of $7.6 million (present value) was the highest malpractice verdict in the country. It received wide media coverage on Walter Cronkite's 6 o'clock news, in Time magazine, and in other national news. It remained one of the highest present value malpractice verdicts in the western states for years. It was then exceeded by a judgment for $8,900,000 we obtained in Hawaii a few years ago.
$8.0 million - Medical Malpractice in Oklahoma
Settlement for anesthetic-caused brain injury to 16 year old was the largest Oklahoma verdict or settlement for a medical malpractice case as of 1988.
$7.76 million - This was the largest product liability settlement for an ambulatory brain injured child in California as of 1995.
A few years ago, we represented a child who was rendered partially blind, partially paralyzed and brain damaged from cardiac arrest during surgery for repair of a urological problem. We contended that the anesthesia machine used during the surgery malfunctioned due to faulty design and maintenance. The experts agreed this child had only mild cognitive impairment, and that he would be able to functionally ambulate. This case settled for $7,760,000 cash.
$7.6 million - Radiation Treatment
When it was rendered in 1978, this was the largest medical malpractice jury verdict in the world. It was featured on Walter Cronkite's 6 o'clock national news program and in newspapers worldwide (Necochea v. Mt. Zion Hospital).
We tried a case in San Francisco involving an 18-year-old woman who had been rendered quadriplegic during radiation treatment for cancer she had suffered as a child. This was an extremely difficult liability case against two major local hospitals and a nationally recognized radiation therapist. The defense offered $500,000 to settle the case. That offer was withdrawn during the eight-week trial. The 1978 jury verdict of $7.6 million (present value) was the highest malpractice verdict in the country. It received wide media coverage on Walter Cronkite's 6 o'clock news, in Time magazine, and in other national news. It remained one of the highest present value malpractice verdicts in the western states for years. It was then exceeded by a judgment for $8,900,000 we obtained in Hawaii a few years ago.
$6.4 million - Legal Malpractice
This was the largest legal malpractice jury verdict in San Francisco history as of 1985. The defendant was famous San Francisco attorney Melvin Belli (Gesick v. Belli).
We handled a legal and underlying medical malpractice case against MELVIN BELLI Esq., wherein we represented a thirty-two year old man who had been paralyzed in an automobile accident when he was sixteen years old. Belli had represented the young man in his auto case, which he settled for $250,000. We contended that he had missed other potential medical defendants. This case was tried for nine weeks in San Francisco County against an original offer of $600,000, which was then raised during trial to $1,200,000 and ultimately rejected by us. The trial involved proving medical malpractice against several doctors and a hospital, as well as legal malpractice against Mr. Belli and his firm. The jury verdict was $6.4 million with pre-judgment interest and costs.
$4.75 million - This was the largest medical malpractice birth injury pre-trial settlement in California history as of 1999. (There is a $250,000 cap in California for non-economic damages.)
The birth injury lawyers at our San Francisco law firm recently represented a child who was brain injured during the birth process. We contended the defendant hospital and obstetrician failed to recognize and promptly treat evidence of fetal distress occurring during the labor process. Defense contended that illegal drugs taken by the mother early in the pregnancy may have caused the problem and argued that in any event the brain injury occurred before the labor began and could not have been prevented by earlier intervention. The case was settled at the time of trial for $4,750,000. Our birth injury lawyers believed this to be the highest prejudgment medical malpractice settlement in California history at the time. The new record is our $9.9M case described above.