Largest California non-punitive verdict for single individual, including interest and costs, Zivic v. Winterland 2000. 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.

Settlement for Neonatal blindness injuries to premature triplets after failure to diagnose condition in a timely manner (2000).

This case involved neonatal blindness injuries to premature triplets from retinopathy of prematurity. One child was almost completely blind; one child was almost completely blind in one eye and had partial loss of vision in the other eye; and the third child had some functional diminution of vision, primarily in one eye. Retinopathy of prematurity (what used to be called rebrolentna fibroplasia can be treated if timely diagnosed. It is a common problem in premature infants. We contended that the hospital, neonatologist, and pediatricians failed to properly follow up and screen these children and failed to diagnose the condition in a timely manner. The defendants contended that the mother had been properly warned about the condition and failed to obtain an eye exam in a timely fashion after the triplets were discharged from the hospital. This confidential settlement was the largest of its type in the history of Hawaii of occurrence.

This California birth injury settlement is a state record.

The defendants failed to monitor this fetus during critical times before the birth and when they did resume monitoring the child was in distress. The baby suffered profound cerebral palsy and will require 24 hour care for the remainder of its life. The value of the confidential settlement is based on the cost of an annuity to fund the settlement amount plus the cash agreed upon.

Record settlement for an obstetrical case.

Our birth injury specialist recently settled a case for $10,000,000 for birth injuries to a child now 3 years of age. The 17 year old mother had a normal pre-natal course, was admitted to the hospital for a trial of labor with normal fetal heart tones on the monitor strip. Rupture of membranes later revealed clear fluid and thereafter, a pattern of variable and late decelerations developed with retained variability. In the early morning hours, the late and variable decelerations continued with diminished variability. The baseline became tachycardic with diminished variability with persistent significant mixed late and variable decelerations with slow recovery. This continued for approximately four hours to the birth. The mother developed a fever or 38.5 after the epidural was given. The baby demonstrated a similar after birth with a pH of 6.98 with a base deficit of 15.4.

The defendants contend that there was not sufficient loss of variability to justify intervention. They contended that the cord gas did not evidence significant metabolic acidosis and the child course after birth was more consistent with intrauterine infection, bacterial infection than interpartem hypoxia. Plaintiffs contended that there was clear evidence of non-reassuring fetal heart tones suggestive of metabolic acidosis which required earlier intervention. Plaintiffs contended that the baby’s presentation after birth was classic for interpartum asphyxia and met most of ACOG’s guidelines for hypoxic ischemic encephalopathy from interpartum events. The child is a spastic quadriplegic, tube fed with global delays, including severe cognitive deficits. Defense contented life-expectancy was limited. Plaintiffs contended life expectancy was near normal. This is believed to be a record settlement for an obstetrical case. This confidential settlement is considered to be a record settlement or verdict in the state where it was obtained.

This case against UCSF Medical Center was the largest medical malpractice settlement in California history at the time.

Our wrongful death attorneys in San Francisco settled a case involving the death of an athletic 38-year-old executive, who stopped at a UCSF clinic at the airport complaining of 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 where 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 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 cardiac 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 was the largest pre-judgment medical malpractice settlement in California history as of 2002.

Record trial judgment for improper use of vacuum extraction and failure to timely deliver baby (1985).

Our birth injury lawyers tried a case against the United States government in the Federal District Court of Hawaii. It was our contention that this child had been injured at birth because of improper management of the labor process. The defendants requested the case be divided into two trials, one on the issue of the statute of limitations, and the other on the remaining medical issues. We tried both issues in trials six months apart and won both trials. The judgment was for $8.9 million. Our birth injury lawyers were told at the time that this was the highest Ninth Circuit award for an individual in a medical malpractice case.

Record settlement for a neonatal/birth injury—baby suffered severe spastic quadraparesis and relatively retained cognitive ability.

Our birth injury and neonatal attorneys settled this case for a record amount. This child was born normally. In the first 24 hours, she was found not breathing by a nurse and a code was called for resuscitation. During the resuscitation process, the child was ventilated and the ventilator equipment was later changed. The equipment change involved an improper ventilator tube with no exhaust valve. The child was blown up like a balloon and both lungs were ruptured. The child was immediately diagnosed with bilateral ruptured lungs. The lungs were re-inflated and the child resuscitated again. The baby ended up with severe spastic quadraparesis and relatively retained cognitive ability. We contended the initial nurse missed the symptoms of the child's impending apnea and failed to respond promptly to the child's lack of breathing. We also contended that the respiratory therapist should not have placed a ventilator tube that had no exhaust valve. The defendants admitted the tube was improper but contended that damage was done in the first apnic episode while the baby was in the mother's hands and before the nurse came into the room. Our research indicates this result is the top neonatal/birth injury settlement/verdicts in the state.

58 year old woman suffered a brain hemorrhage from a cerebral aneurysm

We contended the radiologists had missed the aneurysm on a scan done two years earlier when it could have easily have been treated. [$4,000,000] We contended that the neuroradiologist who treated the later leaking aneurysm was inadequately trained and used improper technique resulting in perforation of the aneurysm and a major bleed causing a serious brain injury.

Record settlement for 16-year-old who went into a coma during knee surgery (Oklahoma).

We represented a 16-year-old teenager who was brain injured as result of poor anesthetic technique during a knee operation in Tulsa, Oklahoma. This case was complicated by limited insurance coverage on the part of the primarily culpable party and the need to establish liability against several other defendants in order to have adequate insurance coverage. The case was hotly contested in a jurisdiction known to be extremely conservative. The highest judgment or settlement in Oklahoma state history prior to this case was $2.2 million. We settled this case just before trial on a structured basis with $2.5 million in cash and $120,000 per year increasing at 6% for life with an additional $120,000 increasing at 6% for life to start in ten years and third $120,000 per year to increase at 6% to start in twenty years. The annuities were all guaranteed for twenty years. There were also additional annuities for the parents. The present case value of this settlement was approximately $8 million.

Record result for 65-year-old woman with cerebral aneurysm resulting in significant brain injuries.

Our brain injury lawyers represented a 65-year-old woman who was found to have a cerebral aneurysm. While the aneurysm was being treated it ruptured causing her significant brain injuries. Her injuries included quadraparesis and moderate to severe cognitive injuries necessitating 24 hour care. Plaintiff had a history of cancer and was receiving periodic CT scans to look for metastasis. Plaintiff contended that the aneurysm was visible on one of the CT scans and could have been diagnosed before she had a bleed. When the bleed occurred, the aneurysm was diagnosed and intervention attempted. Plaintiff claimed that the intervention was undertaken by personnel who were not properly trained in coiling techniques for aneurysms and caused the rupture. The defendants contended that in the original CT scan the aneurysm looked like bone in the sella and not an aneurysms. The interventional radiologists contended that this was an emergency situation and that intervention was necessary to save her life. They further stated that the rupture occurred spontaneously and was not related to anything they did during the procedure. This was a record result for a brain injury to a person of this age in this state.