Recent Verdicts and Settlements

Class Actions/Mass Tort Litigation

In re: Telectronics Pacing Systems, Inc., MDL-1057

• Summary Jury Trial Verdict:  $268,000,000.00.
• Settlement Amount:  $95,000,000.00.
• Description of Case:  Served on the Discovery Committee and as co-trial counsel in this Class Action litigation involving a defective pacemaker lead.  The medical device manufacturer made a faulty lead wire that fractured, causing damage to the heart muscle which led to heart attacks and death, in some cases.

In re: Diet Pill ("Fen-Phen") Litigation, MDL 1203

• Settlement Amount:  $4.85 Billion.
• Description of Case:  Served on the Phentermine Discovery Committee and served as national counsel for the most severely injured fen-phen plaintiffs ("Class 2B claimants" with valvular heart disease) of this highly-publicized litigation which culiminated into one of the largest drug product liability class action suits in history.  The Diet Pill Litigation was successfully resolved for over $4.8 billion in a nationwide settlement that compensated individuals who had ingested the diet pills Pondimin and Redux.  Mr. Anderson and a handful of other attorneys reviewed over 10 million pages of documents and took a number of depositions of key corporate personnel.  He also handled dozens of fen-phen "opt-out" claims securing millions of dollars for individual clients who chose not to be part of the global settlement.

In re: Sulzer Hip Litigation, MDL-1401

• Settlement Amount:  $1 Billion.
• Description of Case: National counsel in the In re: Sulzer Hip litigation, MDL-1401, which involved a manufacturing defect of a hip implant.  The case ultimately resolved for over $1 billion after numerous depositions were taken in both the United States and Austria and after tens of thousands of documents had been reviewed.

In re: Vioxx Litigation, MDL 1657

• Settlement Amount:  $4.85 Billion
• Description of Case:  Served in a Discovery Committee role in the In re: Vioxx litigation, MDL 1657 which settled for $4.85 billion.  Vioxx was a non-steroidal, anti-inflammatory drug that caused serious injury including heart attack, stroke and death.

In re:  Educational Testing Services (ETS), MDL 1643

• Settlement Amount:  $11,000,000.00
• Description of Case: Our firm represented over 200 individuals whose test scores for the teacher certification test, Praxis 7, were misgraded, causing loss of job opportunities, loss of income and needless angst among thousands of teachers nationwide.

Medical Malpractice

Loss of Transplanted Kidney & Pancreas

• Settlement Amount:  $3,000,000.00
• Description of Case:  The Plaintiff was a kidney & pancreas transplant patient taking anti-rejection medications. He went to a dermatologist for a routine problem and was prescribed a medication that interfered with the anti-rejection medications that he was taking. As a consequence, Plaintiff rejected both transplanted organs, became insulin-dependent and required dialysis treatments three times a week.

Spinal Cord Injury During Spine Surgery

• Settlement Amount:  $2,100,000.00
• Description of Case:  Plaintiff had a prior lumbar laminectomy and consulted a spine surgeon due to pain and cramping in his calf. The spine surgeon recommended a lumbar decompression surgery. Prior to surgery, the Plaintiff underwent an MRI that showed some abnormalities in the Plaintiff's thoracic spine. The results of the MRI were not discussed with the Plaintiff. The Plaintiff consented to a lumbar laminectomy and decompression. The surgeon performed a thoracic procedure in addition to the lumbar decompression. During the procedure, the Plaintiff's spinal cord was injured, resulting in severe chronic pain, as well as bowel, bladder and sexual dysfunction.

Chronic Pain, Bowel, Bladder & Sexual Dysfunction Following Reconstructive Spine Surgery

• Settlement Amount:  $1,565,000.00
• Description of Case:  Plaintiff had severe scoliosis since childhood. He consulted a reconstructive spine surgery for surgical correction of his severe scoliosis. A preoperative MRI and CT scan revealed that the Plaintiff had a congenital spinal defect that made his spinal nerves subject to injury during the procedure. The surgeon failed to review the preoperative films during the procedure and injured the Plaintiff's sacral nerves, resulting in chronic pain, bowel, bladder and sexual dysfunction.

Death of 56-Year-Old Man from Internal Bleeding Following Routine Cardiac Catheterization

• Verdict Amount: $1,250,000.00
• Description of Case: The Decedent was admitted to the hospital for a routine cardiac catheterization. Following the procedure, the patient suffered bleeding into his abdomen from the site where the catheter was introduced into his groin. Although the complication was initially recognized and addressed, the Decedent began to bleed again several hours later. Nursing personnel and the physicians responsible for his care failed to appropriately respond and the Decedent died from hemorrhagic shock.

Delayed Diagnosis of Kidney Cancer

• Settlement Amount: $1,250,000.000
• Description of Case:  Plaintiff presented to his primary care physician with blood in his urine on numerous visits over approximately 18 months.  The physician failed to refer the Plaintiff for a urological consultation or perform a diagnostic workup to determine the cause of the blood in his urine.  As a result, the Plaintiff's diagnosis of kidney cancer was delayed resulting in progression of the cancer, additional treatment and a diminished life expectancy.

Wrongful Death of 4-month-old Baby Girl During Lumbar Puncture

• Settlement Amount:  $1,250,000.00
• Description of Case:  Baby Doe was a 4-month-old baby girl who had stuffy nose and fever.  She was brought to the emergency room by her mother.  During and after a lumbar puncture to determine if the baby had meningitis, Baby Doe suffered a cardiopulmonary arrest, went into a coma and died two weeks later.

Birth Injury:  Shoulder Dystocia/Brachial Plexus Palsy/Erb's Palsy

• Settlement Amount:  $1,100,000.00
• Description of Case:  Baby Doe's mother had excessive weight gain and was measuring large for her gestational age.  A Large for Gestational Age (LGA) baby was anticipated.  The mother experienced a protracted second stage of labor but no c-section was offered.  The delivering practitioner called for McRoberts position with suprapubic pressure but did not call for assistance.  Due to delivery technique, Baby Doe was born with permanent neurological damage including both Erb's and Klumpke's Palsy with attendant surgeries.  Life-long care will be required.

Birth Injury:  Shoulder Dystocia/Brachial Plexus Palsy/Erb's Palsy

• Settlement Amount:  $850,000.00
• Description of Case:  Baby Doe became stuck in the birth canal when her shoulder wedged behind her mother's pubic bone ("shoulder dystocia").  High risk ob/gyn applied forceps and other improper delivery technique during the delivery resulting in permanent neurological damage, including Erb's Palsy.  Baby Doe had multiple surgeries and will require medical and psycological care in the indefinite future.

Unnecessary Removal of Lung

• Settlement Amount: $635,000.00
• Description of Case: Plaintiff went to the hospital with breathing difficulties. A chest x-ray demonstrated a mass in her right lung. The Plaintiff underwent a thoracotomy in order to obtain a tissue sample that was read by the pathologist as a malignancy. Consequently, the patient's right lung was removed. It was determined that the patient suffered from a treatable fungal infection and that the removal of her lung was unnecessary.

Birth Injury/Misapplication of Forceps During Delivery

• Verdict Amount:  $600,000.00
• Description of Case: Our client sustained a right parietal skull fracture and cephalohematoma during a traumatic forceps delivery resulting in vision problems, speech impairment, delayed motor activities, seizure disorder, attention deficits and cognitive and learning disabilities.

Brain Damage and Death Following Foot Surgery

• Settlement Amount:  $700,000,00
• Description of Case:  The Decedent was a diabetic who underwent a number of surgeries for unhealed ulcers on his feet.  During surgery at an outpatient surgery center, the Anesthesiologist failed to properly secure the Decedent's airway.  As a consequence of being deprived of adequate oxygen during the surgery, the Decedent suffered severe brain damage which ultimately resulted in his death.

Death of 3-Year-Old Following Valve Replacement Surgery

• Settlement Amount: $475,000.00
• Description of Case: The Decedent child had a congenital heart defect and required surgery to replace his mitral valve. During the operation, the conduction system of the heart was damaged - a known complication of the procedure which can be addressed by implanting a permanent pacemaker. The cardiologist who followed the child postoperatively failed to assure that a pacemaker was implanted in response to the persistent impairment of the conduction system of the child's heart. The child died as a result of a fatal arrhythmia.

Wrongful Death/Failure to Diagnose Appendicitis

• Settlement Amount:  $285,000.00 (Defendant's insurance company was bankrupt and settlement was subject to $300,000.00 OIGA caps.)
• Description of Case:  Our client, a 55-year-old LPN was admitted to the emergency room with signs and symptoms of appendicitis.  Her condition went undiagnosed and she was discharged.  After discharge, she followed up with her family doctor who continued to miss the diagnosis.  Her appendix ruptured, and she died.

Delayed Diagnosis of Breast Cancer

• $250,000.00
• Description of Case:  Plaintiff had a routine screening mammogram that was misread by the Radiologist as normal.  In fact, a significant lesion was present and not identified.  The error was discovered more than a year later when the Plaintiff underwent another mammogram.  Comparison of the films demonstrated that the lesion had significantly increased in size. As a result, there was a substantial delay in the diagnosis of her breast cancer, resulting in the need for chemotherapy and radiation treatment of the Plaintiff's breast cancer.

Death of 86 year-old Alzheimer's Patient in Nursing Home

• Settlement Amount:  $150,000
• Description of Case:  The Decedent suffered from advanced Alzheimer's disease and was admitted to a skilled nursing facility from an acute care hospital.  The nursing home staff failed to adequately monitor the Decedent's intake of fluids and overall nutritional status.  The Decedent was readmitted to the acute care hospital with a severe electrolyte imbalance as a result of dehydration and malnutrition and expired after 3 days at the acute care hospital

Employer Intentional Tort

Employee's Scalp Torn Away When Ponytail Caught in Boring Mill Machine

• Settlement Amount: $700,000.00
• Description of Case:  Our client worked at defendant, ABC Company, as a machinist. Specifically, he operated a vertical boring mill which milled and refined steel to certain specifications. During one particular milling project, where it was alleged that the steel piece was too big for the vertical boring mill, Mr. Craig got his pony tail caught in a rapidly spinning, vertical shaft of the boring mill. This tragic event tore away Mr. Craig's scalp from above his eyes all the way back to the base of his neck.  Employer failed to provide safeguards to prevent injury for boring mill workers.

Employee's Leg and Fingers Amputated From Explosion in Factory

• Settlement Amount:  $750,000.00
• Description of Case:  Our client worked as a welder at a rebabbitting company in Cleveland.  He was injured when a welding torch exploded in his hand resulting in a below-the- knee amputation as well as the amputation of three fingers.  There had been prior instances of leaky hoses and other wear and tear on the welding systems prior to the explosion that catastrophically injured our client, including prior expolsions.

Premises Liability

Broken Back and Herniated Discs When Steel Casings Fall on Truck Driver

• Verdict Amount:  $350,000.00
• Description of Case:  Our client was a truck driver who was off loading steel casings at Defendant's company.  Defendant's workers failed to properly "chuck" or stabilize the load.  Our client sustained multiple broken vertebrae and multiple herniations with attendant surgeries including pins, rods and plates in his back.

Wrongful Death/Fall From Neighbor's Ladder

• Settlement Amount:  $350,000.00
• Description of Case:  Our client was a 70-year-old, Egyptian immigrant who was asked by his neighbor to help him trim a tree in his next-door neighbor's yard.  While standing on a ladder trimming the neighbor's tree, the ladder moved causing our client to fall and sustain severe injury to his cervical vertebrae and spinal cord injury leading to quadriplegia.  He died six months later after multiple surgeries.