Catastrophic Injuries

The following are examples of the wide range of catastrophic injury cases we have handled.

• The Firm represented the family of a San Diego man who was killed in a helicopter accident. The Firm obtained a settlement of $3,850,000 for the widow and her three sons.
• The Firm represented a chief engineer of a tuna boat with respect to a lumbar strain he suffered when a floorboard broke and gave way on the vessel while at sea in the Western Pacific. The case was tried before a jury in San Diego Superior Court. Although the client had no objective evidence of injury (MRI, x-rays, and nerve conduction study were all negative), the jury returned a verdict in our client's favor in the amount of $1,075,000.
• The Firm represented a helicopter pilot working on a tuna boat who suffered serious injuries when his helicopter began to shake violently and crashed into the Western Pacific. The Firm pursued a product liability action against the manufacturer, claiming that the main rotor hub assembly was defective, which caused the main rotor blade to depart. The helicopter sank immediately after the crash and was never recovered. The manufacturer argued that the helicopter was not defective, that no blade loss occurred and that our client was solely responsible for the crash. The case was tried in San Diego Superior Court and the jury awarded our client damages in the amount of $2,741,000.
• The Firm represented the tuna boat captain who was a passenger in the same helicopter referenced immediately above. In addition to the award for the pilot, the Firm was able to secure a verdict of $3,036,000 for the captain.
• The Firm represented the family of an eight year old boy who was struck and killed in a crosswalk in Temecula while rollerblading with his father and brother. The driver was a diabetic who went into insulin shock and ran a red light. Unfortunately, he had no assets and limited insurance. The driver was from New York and had been treated by the VA Medical Center in Syracuse for his diabetes and a heart condition. The physicians in Syracuse had prescribed medication which could potentially block the symptoms of low blood sugar and allow a patient to go into insulin shock without notice.  The Firm filed a lawsuit against the driver and the United States of America (under the Federal Tort Claims Act) based on the actions of the physicians of the VA. The case involved very difficult factual and legal issues. On the factual side, the United States argued that the driver was solely responsible for the accident because he was negligent in the administration of his insulin and admittedly did not have lunch on the day of the accident. Concerning the legal hurdles, the United States unsuccessfully attempted to transfer the case from the Central District of California to New York. The United States also filed a motion for summary judgment, claiming that New York law applied and that there was no third party liability for physician negligence in New York. Although it was clear that the Government had correctly stated New York law, we were able to convince the Court that California law applied. The problem with California law applying was the argument that caps which apply in medical malpractice cases ("MICRA") limited any recovery to $250,000. The Firm argued that the MICRA caps did not apply because the intent of the statute would not be furthered by applying MICRA to an out of state physician. Despite the hurdles faced, the Firm was able to obtain $874,000 for the family from the United States, and the $100,000 policy limits from the driver, for a total settlement of $974,000
• The Firm represented a tuna boat captain who was injured while working aboard the vessel. The captain was hit in the head with a cable. The defendants alleged that the captain was the sole cause of his injuries under an admiralty law rule known as the primary duty doctrine. In a bench trial, the Court awarded our client $486,031 in damages even though his medical bills were approximately $5,000.
• The Firm settled a medical malpractice case for the failure to treat bacterial meningitis which resulted in severe neurological injuries to a 5 year old girl. Although the Urgent Care physicians diagnosed the little girl with "possible meningitis," the pediatrician on duty in the hospital believed that she did not have bacterial meningitis and decided not to initiate antibiotics. The next day, the patient went into respiratory arrest and suffered severe neurological injuries. It was later confirmed that she had bacterial meningitis. The case settled for $2,900,000 prior to trial.
• The Firm represented a young girl who was attacked by a neighbor's dog and suffered significant injuries to her face. The little girl was attending a party at a neighbor's house with her family. The neighbor had recently acquired two dogs from a shelter for abused animals. During the party, the dog attacked the little girl and the parents had to pull it off of their daughter's face. The case settled before trial for $1,100,000.
• The Firm represented a family involved in a high impact automobile accident. A large truck ran a red light and struck their car in an intersection. The husband/father was killed in the accident. The wife/mother and their 2 year old daughter suffered significant injuries. The defense argued that the party which had insurance to cover the claim was not liable because the driver and the company he worked for were independent contractors. The case settled for $4,000,000 before trial.
• The Firm represented a man who was using a personnel lift at a convention center to remove sound equipment. The personnel lift tipped over while the Firm's client was approximately 30 feet in the air and he was thrown to a cement floor, causing severe brain injuries. The Firm sued several Defendants including the manufacturer of the personnel lift. All but one Defendant settled before trial. The Firm was able to secure $2,560,000 for the Plaintiff.
• The Firm represented a tuna boat captain who was injured during a helicopter crash off the coast of Costa Rica. The captain suffered burns and a back injury, which required surgery, when the helicopter crashed onto the deck of the tuna boat. The Firm was able to secure a settlement before trial of $2,250,000.
• The Firm represented the family of a passenger who was killed in the crash of Egypt Air Flight 990. The passenger was not married. His mother resided in San Diego. The Firm was able to secure $1,100,000 for the mother to compensate her for the loss of her son.
• The Firm represented a captain/owner of a tuna boat who suffered serious injuries in a helicopter accident. The Firm obtained a settlement of $3,700,000 for the captain prior to trial.
  The Firm represented a construction foreman who suffered permanent brain damage when a suspended beam struck him in the head on a construction site. The Firm asserted a product liability claim alleging the sling used to move the beam was defective. The jury rendered a verdict in favor of the client in the amount of $3,200,000.