Chicago Lawyers – Record of Success
The Zimmerman Law Offices, P.C. has a record of successful cases for victims of car accidents, defective products, medical malpractice and other civil litigation clients.
Recognized as one of the “Top 40 Illinois Lawyers Under the Age of 40” in 2000, attorney Thomas Zimmerman has extensive experience fighting for plaintiffs in class action lawsuits. Mr. Zimmerman was selected as a Super Lawyer in the area of class action and mass torts in 2017-2024, and has successfully sued major U.S. corporations in consumer rights cases.
The Chicago, Illinois law firm Zimmerman Law Offices, P.C. has recovered over $350 million on behalf of plaintiffs. Since 1996, they have successfully represented plaintiffs in a wide array of matters, including:
- Consumer Rights / Fraud
- Class Action Lawsuits
- Defective Products
- Business Litigation
- Personal Injury
- Auto Accidents
- Medical Malpractice
- Dental Malpractice
- Pharmacy Malpractice
- Wrongful Death
CONSUMER RIGHTS / FRAUD
Class Action for Cellulite Cream – $62 million recovery for a nationwide class of customers who purchased products that were advertised to reduce cellulite in the human body. We obtained expert testimony to demonstrate that the active ingredients in the products could not shrink fat cells or fundamentally change the structure of skin, such that the products would have no physiological effect on cellulite in the body. Cash refunds were paid to the purchasers of the products, and the manufacturer changed its advertising to stop making those claims. We included in the class recovery $1 million in donations to charities.
Class Action from Inflated Newspaper Circulation – $31 million recovery for a nationwide class of businesses and individuals who placed advertisements in a newspaper. The publisher charged advertisers a rate that was based upon and related to the publisher’s representations as to the newspaper’s circulation. However, the publisher significantly overstated the newspaper’s circulation for several years, which caused the advertisers to overpay to advertise in the newspaper. Cash refunds were paid to the advertisers to reflect the amount of their overpayment. We included in the class recovery $4.8 million in donations to charities.
Class Action for Fraud and Data Breach – $11.2 million recovery for a nationwide class of individuals who had their personal and financial data stolen from a dating website for discreet encounters between married individuals. The individuals were also victims of fraud because they paid money to communicate with “bots” created by the website provider, under the false pretense that the “bots” were actual people. Class members received cash payments to compensate them for the harm to their reputation, reimburse the money they spent to communicate with “bots”, and pay their financial losses incurred as a result of the data breach.
Class Action for Contaminated Baby Wipes – $9 million recovery for a nationwide class of individuals who sustained financial damages and personal injuries resulting from their purchase and use of disposable baby wipes that were tainted with a dangerous B. cepacia bacteria. Adults and children who used the wipes developed bacterial and respiratory infections, rashes, boils, and pneumonia due to the presence of B. cepacia on the product. Class members received refunds of their purchase price of the wipes, plus cash payments to compensate them for their personal injuries and associated emotional distress. The product was also the subject of a nationwide recall.
Class Action for Misleading Claims about Whiskey – $2.5 million recovery for a nationwide class of businesses and individuals who purchased whiskey labeled to misrepresent that the product was distilled in a “small batch” using a particular recipe. We demonstrated that the whiskey was mass-produced by a different distillery in another state using a “stock” recipe. Cash refunds were paid to the consumers for each drink they purchased at a restaurant or bar, and for each bottle they purchased at retail. Additionally, the whiskey label was changed to remove the misleading claims.
Class Action for Consumer Fraud in Book Claiming to Be Non-Fiction Memoir – $2.35 million recovery for a nationwide class of customers who purchased a fictional book while under the impression that the book was a non-fiction memoir. As a result of the misleading marketing, customers bought the book when they would not otherwise have done so, had they known the book was full of embellished and inaccurate depictions of the author’s life. The author admitted portions of his book were embellished on The Oprah Winfrey Show.
Class Action for Failed Entertainment Event – $1.6 million recovery for a nationwide class of individuals who paid for and traveled to an event that did not occur as advertised. A game promoter advertised that attendees would be able to play an online game with thousands of other players from around the world in one location, and that numerous special prizes, events, and rewards would be available only to those who were in attendance at the fest. However, technical and connectivity issues plagued the fest, due to overburdened cellular towers and the promoter’s own malfunctioning game server and software, rendering attendees unable to play the game. Class members received cash payments to recoup the travel and lodging expenses they incurred to travel to the fest.
Class Action for Claims that a Cleaning Product Contained Natural Ingredients – $1.5 million recovery for a nationwide class of individuals who purchased a cleaning product whose packaging misstated that the product did not contain sodium lauryl sulfate (SLS), a harsh chemical found in many cleaning products. The manufacturer promoted the product as a gentler alternative to SLS. However, testing demonstrated that the product contained sodium cocoa sulfate (SCS), and SLS is a major component of SCS. Because the product was manufactured with SCS, it necessarily contained SLS. Cash refunds were paid to the consumers for each product they purchased, and the manufacturer reformulated the product without SCS and SLS.
Class Action for Misrepresentations about HDMI Cables – $1.4 recovery for a nationwide class of individuals and businesses who purchased HDMI cables based on misrepresentations that more expensive higher speed cables were needed to operate certain audio visual equipment. The complaint alleged that the manufacturer falsely represented that consumers need an HDMI cable with a bandwidth of more than 10.2 Gbps in order to handle video resolutions of 1080p and above, including advanced displays for devices such as 4K and 3D televisions, when HDMI cables with a 10.2 Gbps bandwidth would operate those devices. Class members received cash refunds of the price they paid for their more expensive cables.
Class Action Against a School for Misrepresenting Accreditation – $1.2 million recovery for a statewide Illinois class of individuals who enrolled in a school based on the school’s representations that the school was accredited and approved by the State to offer a Certified Nursing Assistant (CNA) program, and that graduates of the program would be immediately qualified to take necessary State board exams to become CNAs. The school’s CNA program was not approved by the State, and its graduates were unable to become CNAs. Cash refunds were paid to the students to reimburse them for their tuition overpayment. Additionally, the school paid the tuition for its students to attend a CNA program at a different school, and paid the students a cash stipend to compensate them for their time spent attending the other CNA program.
Class Action for Fraudulent Loan Servicing – $425,000 recovery for a nationwide class of borrowers whose lender failed to properly respond to qualified written requests, requests for information, and notices of error because of an improper active litigation, active mediation, or active bankruptcy exception. The complaint alleged that the lender violated the Real Estate Settlement Procedures Act (“RESPA”) by improperly denying borrowers information about their mortgage loans to which they were statutorily entitled. Class members received cash payments representing statutory damages, and the lender instituted a corporate policy to comply with the provisions of RESPA in responding to these requests in the future.
Class Action for Misleading Claims about Liquor – $425,000 recovery for a nationwide class of businesses and individuals who purchased liquor labeled to falsely state that it was distilled in a particular state using special water from a river in that state. We demonstrated that the whiskey was actually distilled in a different state by a different distillery using different water. Cash refunds were paid to the consumers for each drink they purchased at a restaurant or bar, and for each bottle they purchased at retail. Additionally, the product label was changed to remove the misleading claims.
Credit Report Contained Erroneous “Past Due” Account Listing – $87,500 recovery for a woman whose bank erroneously reported to the credit reporting agencies that her account was past due. The woman’s credit score dropped as a result of the erroneous listing. The woman made numerous requests to the bank to correct the error, but to no avail. After suing the bank for violating the Fair Credit Reporting Act (FCRA), we successfully negotiated a settlement whereby the bank agreed to pay $87,500 to the woman, reduce the interest rate on her loan from 7.25% to 5.25%, remove the erroneous past due listing from her credit report, and notify the credit reporting agencies that there should be no negative effect on her credit from this loan.
CLASS ACTION LAWSUITS
Class Action to Recover Cellular Phone Fee – $48 million recovery for a statewide Illinois class of businesses and individuals who paid a municipal infrastructure maintenance fee on their cellular phone bills. Through litigation, the Illinois Supreme Court declared the fee to be unconstitutional, and we obtained refunds for cell phone customers from the Illinois municipalities that imposed the fee. In addition to having a plaintiff’s class of cell phone customers certified by the court, we also convinced the court to certify a defendant’s class of Illinois municipalities, which is notable as it is very difficult and uncommon for a court to certify a defendant’s class. Certification of a defendant’s class allowed us to recover refunds from all Illinois municipalities in a single lawsuit, rather than having to sue each municipality separately. We included in the class recovery $5.1 million in donations to hospitals for the care and treatment of indigent patients in need of emergency medical treatment in rural areas of the state.
Class Action for Defective Vehicles – $35 million recovery for a nationwide class of individuals and businesses who purchased vehicles manufactured with defective transmissions. The manufacturer touted the transmission as combining the best features of automatic and standard transmissions. However, under normal driving conditions, the transmission would slip, buck, jerk and suffer sudden or delayed acceleration and delays in downshifts. Vehicle owners received cash refunds, free repairs, extended warranties, and the ability to have the manufacturer repurchase their vehicle.
Class Action for Defective Security Systems – $16 million recovery for a nationwide class of individuals who purchased defective home security systems that could be easily hacked and disabled, as the wireless security systems were not encrypted. Class members received cash payments to compensate them for their security system purchases. We also included in the class recovery $2 million in donations to a charity focused on data security issues.
Class Action for Defective Garden Hoses – $14 million recovery for a nationwide class of customers who purchased garden hoses touted as being lightweight and expandable while still being strong and durable. However, contrary to these representations, the hoses possess defects ranging from leaking and dripping to bursting entirely. Full cash refunds were paid to the purchasers of the products, and the manufacturer extended its total replacement warranty for future product purchases.
Class Action for Power Outages – $7.75 million recovery for a statewide Illinois class of businesses and individuals who sustained financial damages due to widespread and prolonged power outages. The outages resulted from the power company neglecting to maintain its transmission and distribution systems, and from placing electric loads on its cables that exceeded the cable’s ratings. Thereafter, the company made improvements to its power facilities and distribution systems.
Class Action for Disclosure of Credit Card Information – $7.3 million recovery for a nationwide class of individuals whose credit card information was improperly disclosed by a national retail merchant. The merchant knew of the law prohibiting disclosure of this information; however, the merchant began disclosing this information following the implementation of a new internal software system. We demonstrated that the merchant failed to perform any testing on the new system to verify compliance with the law, in violation of industry standards. Class members received cash payments to compensate them for the disclosure, and the merchant changed its business practices to prevent future disclosures.
Class Action for Data Breach – $4.95 million recovery for a nationwide class of individuals whose personal and financial information was exposed due to insufficient protection of that information by a consultant who created websites through which individuals could apply to state agencies for Pandemic Unemployment Assistance (PUA). The complaint alleged that the consultant failed to properly configure the PUA websites to safeguard the applicants’ personal information. Class members received cash payments to compensate them for their financial losses, and the consultant worked with the state agencies to correct the misconfiguration that led to the PUA data security incident.
Class Action for Data Breach – $4.3 million recovery for a nationwide class of individuals who had their personal and financial data stolen due to insufficient protection of that information by a retailer. The complaint alleged that the retailer failed to take adequate security precautions to prevent a cyber attack on the retailer’s point-of-sale systems. Class members received cash payments to compensate them for their financial losses, and the retailer instituted additional business practices to increase its data security.
Class Action for Unsolicited Faxes – $4 million recovery for a nationwide class of businesses and individuals who sustained damages resulting from the receipt of unsolicited facsimile advertisements. The defendant’s insurance carrier denied coverage for this lawsuit under the defendant’s insurance policies. We settled with the defendant with the understanding that we could not recover any money from the defendant’s personal assets, but rather we would have to litigate the insurance coverage issue and seek to execute the judgment against the defendant’s insurance company. Thereafter, we initiated and pursued a third-party citation proceeding against the insurance company, and through litigation we ultimately recovered the full amount of insurance coverage under the policies. We included in the class recovery $250,000 in donations to charities.
Class Action for Defective Baby Formula – $3.5 million recovery for a nationwide class of Spanish speaking purchasers of baby formula. The instructions for preparation and use printed in Spanish on the product’s labeling were incorrect, as they instructed the user to mix two scoops of powder formula with water rather than correctly using only one scoop of powder. As a result, class members purchased and used twice as many cans of formula as they otherwise should have, and some children experienced vomiting and diarrhea. We included in the class recovery a $100,000 donation to a local charity that focuses on serving the nutritional and educational needs of Hispanic children.
Class Action for Unsolicited Faxes – $2.5 million recovery for a statewide Illinois class of individuals and businesses who received unsolicited facsimile advertisements. The defendant corporation claimed the faxes were sent by a “rogue” employee who was acting outside the scope of his employment and in violation of a company policy that prohibited the sending of unauthorized advertisements. The employee claimed he had consent from each class member to fax advertisements to them; however, the employee was unable to provide proof of such consent or an established business relationship with the class members. We demonstrated that the employee was acting within the scope of his employment, as the purpose of sending the advertisements was to generate business for the company. Class members received a cash payment of $1,250 for each fax they received.
Class Action for Improper Debiting of Bank Accounts – $1.5 million recovery for a statewide Illinois class of individuals who were members of a health club. The club improperly imposed one-time charges and monthly dues increases on its members, and debited its members’ bank accounts to collect the charges without adequate notice or authority. Class members received cash refunds and other benefits in amounts equal to the overcharges.
Class Action for Extended Health Club Membership – $1.5 million recovery for a statewide Illinois class of individuals who joined a health club and whose membership agreements provided for an initial membership term of more than two years. Class members received cash refunds to reimburse them in full for their overpayment related to the extended membership term. We included in the class recovery $32,000 in donations to charities.
Class Action for Environmental Pollution – $1.4 million recovery for a statewide Illinois class of individuals and businesses who suffered from an infiltration of coal and petroleum coke (“petcoke”) dust in the air and on their property. Coal and petcoke dust is a form of particulate matter, which contain especially fine particles that are so small they can get deep into the lungs and cause serious health problems. Vast quantities of coal and petcoke dust were stored in uncovered mounds up to five-stories high in a residential neighborhood, and winds blew black clouds of this dust into the air and onto homes and yards in the neighborhood. Class members received cash payments to reimburse their cleaning costs, and compensate them for their aggravation and decreased ability to enjoy outdoor activities. The companies also built enclosures around the mounds, in order to stop the migration of these hazardous materials into the surrounding neighborhood.
Class Action for Disclosure of Credit Card Information – $1 million recovery for a nationwide class of individuals whose credit card information was improperly disclosed by a national retail merchant. We demonstrated that the merchant knew of the law prohibiting the disclosure of this information because the merchant received written notice of the law and its truncation requirements from credit card companies and payment processors, yet the merchant failed to implement internal controls to ensure compliance with the law. Class members received compensation for the disclosure, and the merchant changed its business practices to prevent future disclosures.
Class Action for False Examination Test Results – $570,000 recovery for a nationwide class of sonographers who passed the Registered Vascular Technology (RVT) examination, but, due to a scoring error, were erroneously informed that they failed the exam. Many hospitals and private doctors require sonographers to obtain the RVT credential as a condition of employment. Consequently, the sonographers needlessly had to retake the examination. Class members received compensation for their losses, such as reimbursement of exam fees, cost of study materials, cost of child care while studying, lost wages, lost job opportunities, time spent studying to retake the exam, travel and lodging expenses, cost of counseling or therapy, and compensation for aggravation and emotional distress.
Class Action for Disclosure of Credit Card Information – $500,000 recovery for a statewide Illinois class of individuals whose credit card information was improperly disclosed by a retail merchant. We demonstrated that the merchant knew of the law prohibiting the disclosure of this information, as the merchant was warned by someone else that the merchant was improperly disclosing the information, yet the merchant did nothing to verify that it was complying with the law. Thereafter, the merchant delayed a software upgrade that would bring it into compliance with the law, because the merchant did not want to be inconvenienced during the holiday season. Class members received cash payments to compensate them for the disclosure, and the merchant changed its business practices to prevent future disclosures.
Class Action for Contaminated Water – $500,000 recovery for a statewide Illinois class of individuals who suffered damages as a result of a contaminated water well. A village falsely represented to its residents that the village’s public drinking water supply was pumped from Lake Michigan; however, the water was actually pumped from a municipal well that was contaminated with perchloroethylene (PCE), dichloroethylene (DCE), and vinyl chloride. These contaminants are linked to causing cancer, liver and kidney damage, and neurological dysfunction. The village was aware of the contamination, but nevertheless pumped the well water into the public drinking water supply in order to save money. Class members received cash payments, and the village stopped using the contaminated well.
Class Action for Refund of Surety Bond Premiums – $203,000 recovery for a statewide Illinois class of individuals who had paid a premium in full for the entire first year term of a probate surety bond. Either the amount of insurance protection provided under the bond was reduced from the original bond amount to a lower amount prior to the expiration of the term of the bond or the bond was terminated prior to the expiration of the term of the bond, and the insurance company did not refund any unearned premium for the remaining term of the bond. There was no Illinois law or regulation relating to insurance company accounting requirements for unearned premium directly on point, and this was a legal issue of first impression in Illinois. We analyzed National Association of Insurance Commissioners (NAIC) Statements of Statutory Accounting Principles (SSAP) and Financial Accounting Standards Board (FASB) Statements of Financial Accounting Standards (FAS) that pertain to insurance companies, and we argued that these accounting standards supported our theory that the insurance company had to establish a “reserve” for the unearned premium, such that the unearned premium was not “fully earned” in the first year. We included in the class recovery a $110,000 donation to local charities.
DEFECTIVE PRODUCTS
Product Liability for Defective Drug – $1 million recovery for a child whose mother was administered epinephrine during her pregnancy. The drug constricted the mother’s uterine blood vessels which decreased the oxygen to the fetus, resulting in neurological impairment. The complex medical issues included pharmacology, neurology, radiology and obstetrics, so we developed a video animation for the jury to demonstrate precisely how the drug affected the mother’s circulation and the resulting effect on the fetus’ circulation and brain tissue.
Product Liability for Defective Hip Prosthesis – $475,000 recovery for 66-year-old man who had a defective prosthetic hip implanted. The defect was caused by a certain part on the prosthesis that would rapidly wear out and disintegrate. The patient had to undergo a second surgery to remove the defective prosthesis and implant a different device, as well as additional medical treatment and physical therapy. The device manufacturer has since recalled the product.
Product Liability for Defective Drug Vioxx – $323,000 recovery for a 63-year-old man who suffered a non-fatal heart attack after taking Vioxx. The drug company denied that the drug caused his heart attack, as he was a chronic smoker with pre-existing heart disease, high blood pressure, elevated cholesterol, and uncontrolled diabetes. Through expert testimony were able to prove that the drug more than likely caused or contributed to the heart attack.
BUSINESS LITIGATION
Business Dispute Over Stolen Clients – $1.5 million recovery for a corporation whose former employee stole client files and corporate property, and brought them to a competitor who took over the client accounts. We sued the former employee and competitor for conversion, tortuous interference with a business expectancy, and racketeering under the RICO statute. Treble damages were awarded and the verdict amount was tripled pursuant to the RICO statute. Of note, during the pendency of the litigation we appealed an adverse ruling dealing with the RICO cause of action. The appellate court agreed with us and reversed the trial court’s ruling, and we established new legal precedent in Illinois regarding what needs to be shown to establish the elements of a RICO enterprise.
Misrepresentations by University Concerning Degree Program – $468,000 recovery for a student who enrolled in the Doctor of Psychology in Clinical Psychology (Psy.D.) program at a university based on the representation that the school would create a specialized program for the student that waived certain course requirements because the student already had a Doctorate in Psychology. After paying tuition and completing 3-years of coursework, the school would not confer the Psy.D. unless the student completed additional classes that were not part of the specialized program. The university claimed that the student enrolled in a respecialization program, and its accreditation prevented it from conferring a Psy.D. because the student did not complete all of the requirements for the degree identified in the course catalog. The university refunded the tuition payments and paid the student additional money to compensate him for his lost earnings and expenses incurred while attending the school.
Shareholder Files Derivative Action against Majority Shareholder – $157,000 recovery for minority shareholder in privately held company. Representing the minority shareholder, we sued the majority shareholder in a derivative action for breach of fiduciary duty, misappropriation of funds and self-dealing. We convinced the court to appoint a receiver to take control of the company’s operations and perform a forensic accounting of the company’s income and expenses. In order to end the litigation, the majority shareholder purchased all of the minority shareholder’s stock in the company, paid our attorney’s fees, and compensated the minority shareholder for the damages he sustained as a result of the majority shareholder’s alleged misconduct.
Enforcement of Non-Solicitation Agreement in Contract – An information technology (IT) company entered into a contract with a credit union to provide IT services. The contract contained a non-solicitation clause that prohibited the credit union from attempting to hire any employees of the IT company. However, the credit union extended an offer of employment to one of the IT company’s employees who had performed work for the credit union in connection with their contract for IT services. We successfully made the credit union withdraw its employment offer, and cease and desist its solicitation of the employee.
PERSONAL INJURY
Premises Liability for Fall in Front of Restaurant – $1 million recovery for 70-year-old woman who fell in front of a restaurant when she tripped over a jagged metal post which was set into the concrete pavement and elevated approximately two inches vertically above ground level. The post was the remnant of an old canopy that was cut down by the restaurant owner who did not want to spend the money to completely remove the post, but instead placed a flower planter next to the post to obscure it. The woman sustained broken bones, bruises, lacerations, internal injuries, aggravation of her preexisting cardiac condition, and a permanent paralysis to her right arm and hand, and she now uses a walker to compensate for the weakness in her right leg. She also continued to experience headaches as a result of hitting her head when she fell.
False Imprisonment and Battery – $950,000 recovery for a man who was wrongfully handcuffed and forced to pay them money. Two men entered the man’s grocery store dressed as police officers and carrying firearms. They identified themselves as police officers and stated that the man was under arrest. In reality, they were private security guards. They forcibly placed him in handcuffs and transported him to an alley, where they parked the vehicle and demanded that he pay them money. They threatened him with physical harm if he did not comply with their demand, and they drove him to an ATM where he withdrew money and gave it to them. We obtained a judgment to compensate him for his false imprisonment, physical abuse, and emotional distress, plus punitive damages against the two men.
Premises Liability / Toxic Tort for Exposure to Mold – $460,000 recovery for several elementary school students who were exposed to toxic mold and elevated levels of carbon dioxide in a “sick building.” The school was built on a wetland and flooded. Aspergillus, penicillium, mucor, rhizopus and stachybotrys mold grew in the school due to incomplete drying of carpets following the flooding, and the mold grew on ceiling tiles from leaking pipes. Inadequate heating, ventilation and air conditioning (HVAC) systems caused elevated carbon dioxide levels in the indoor air. The children’s injuries included allergic reactions, ear and sinus infections, rashes, strep throat, chronic headaches and fatigue, eczema, and exacerbation of asthma.
AUTO ACCIDENTS
Personal Injuries from Automobile Accident – $700,000 recovery for an 82-year-old woman who sustained a torn rotator cuff and herniated lumbar disc when her car was rear-ended by another car. The woman experienced neck, shoulder and back pain, with decreased range of motion in her shoulder. She required rotator cuff surgery to repair the tear, and epidural steroid spinal injections for her back pain. We matched the other driver’s cellular telephone records with the time of the accident on the police report to show that the driver was talking on her phone when she rear-ended the woman.
Personal Injuries from Bus Rollover – $655,000 recovery for passengers on a bus that rolled over and crashed on a rainy evening. Repair work was performed on the bus’s windshield wipers earlier that night during the trip. We retained an expert to inspect the condition of the bus’s windshield wipers and assess the repairs that had been conducted the night of the crash. Our expert opined that the windshield wiper system on the bus was malfunctioning and unable to perform as intended even after roadside repairs were completed; the limited visibility due to the broken, defectively repaired windshield wipers was a cause of the crash; and the bus should have been taken out of service until a full diagnosis and repair was completed on the windshield wipers. Passengers sustained injuries including concussion, cervical/lumbar facet syndrome, disc bulges, lacerations, shoulder AC separation, rotator cuff tear, clavicle fracture, and teeth knocked out.
Pedestrian Hit by Car in Crosswalk – $120,000 recovery for 50-year-old woman who was hit by a car as she crossed the street. The woman experienced neck and shoulder pain which resolved, but her knee pain persisted. She was diagnosed with torn ligaments in her knee. Her knee injuries included chondromalacia patella, which caused her pain when sitting for prolonged periods and when walking down stairs. She underwent knee surgery, but continued to experience intermittent pain in her knee following the surgery.
MEDICAL MALPRACTICE
Medical Malpractice for Failure to Diagnose Hemorrhage – $1.3 million recovery for a child whose doctors failed to diagnose and treat his brain hemorrhages. The radiologist failed to diagnose the hemorrhage on the radiology studies of the child’s brain, and the pediatrician failed to diagnose the child’s hydrocephalus notwithstanding the child’s abnormally large head circumference. Subsequent physicians made the proper diagnosis, and surgically placed a shunt system in the child’s brain. The delay in diagnosis and treatment lessened the effectiveness of the subsequent surgical treatment, resulting in neurological impairment.
Medical Malpractice for Birth Injury – $850,000 recovery for a child injured during delivery due to the failure to timely recognize and treat “fetal distress.” The fetal monitoring strips showed there was decreased blood flow to the baby, but the doctor did not perform an emergency cesarean section as required under the obstetrical standards of care. The child sustained functional impairment as a result of oxygen deprivation prior to birth.
Medical Malpractice for Failed Kidney Transplant – $750,000 recovery for 38-year-old woman due to a transplant surgeon’s error while performing a kidney transplants. The surgeon sewed the ureter to the patient’s peritoneal cavity rather than to her bladder, causing her abdomen to fill-up with two gallons of urine. The fluid collection compressed the renal veins, resulting in the death of the transplant kidney. The woman had the kidney removed, and she went back on dialysis treatments until a new kidney could be implanted.
Medical Malpractice for Failure to Diagnose Cancer – $591,000 recovery for 73-year-old man arising out of a primary care physician’s failure to diagnose prostate cancer. The patient’s prostate was enlarged and his PSA test results were elevated. The doctor never informed the patient that these findings could be indicative of cancer, and he did not order follow-up tests to investigate the cause of the abnormal findings. By the time the cancer was detected, it had spread to the man’s bones. An urologist treated the cancer by surgically removing the patient’s prostate and administering a regimen of drugs, and the cancer went into remission. After trial, the jurors stated that they were persuaded to find the defendant negligent in part due to our cross-examining the defendant’s retained expert witness with a textbook he authored that contradicted the opinions he rendered in this case.
DENTAL MALPRACTICE
Dental Malpractice from Foreign Object Dropped Down Throat – $41,500 recovery for 35-year-old man who sustained injuries when his dentist, while cleaning the man’s teeth, dropped the “hook” off his dental hand piece down the man’s throat. The man was hospitalized until he passed the “hook.” The man was bleeding out of his anus for several days following his discharge from the hospital, but the bleeding stopped and there is no permanent intestinal damage.
PHARMACY MALPRACTICE
Pharmacy Malpractice from Flu Shot – $55,000 recovery for 59-year-old woman who was injured when a pharmacist injected a flu vaccine into the wrong spot on the woman’s shoulder. The improper injection caused inflammation and tendinitis in an area near her rotator cuff, resulting in pain and decreased strength and range of motion. She required medical treatment and physical therapy to her shoulder. A portion of the money was paid to compensate her husband for his loss of care and companionship while his wife was recovering from her injuries.
WRONGFUL DEATH
Wrongful Death from Failure to Diagnose Angina – $2.2 million recovery for the family of a 36-year-old man arising out of a primary care physician’s failure to diagnose angina. The patient told his doctor he was having pain in his arm and shoulder. The doctor wrongly diagnosed it as a musculoskeletal problem, and he did not perform a cardiac examination or order any diagnostic tests. The man had a heart attack and died days later. We retained a handwriting expert who determined that the doctor altered his medical records after the patient died by writing in the records that he performed a cardiac examination on the patient, including fictitious results intending to show that the concocted cardiac examination was normal. The jury reduced the $4.5 million verdict by 50% to account for the patient’s comparative negligence in failing to seek treatment the night before he died, when he awoke in excruciating pain.
Wrongful Death from Improper Cancer Treatment – $1.7 million recovery for the family of a 40-year-old woman arising out of a surgeon’s negligent resection of a cancerous stomach tumor, which caused the cancer to “seed” in her bloodstream and spread throughout her body. The surgeon committed further negligence by failing to order appropriate tests when the patient complained the following year of pain in the area of her liver and having fresh blood in her stool, which are symptoms of liver involvement. Subsequently, an oncologist diagnosed metastatic liver cancer which originated from the stomach tumor, and the woman died.
Wrongful Death from Automobile Accident – $1.3 million recovery for the families of two children killed in a van rollover. The driver of the van was traveling at 95 mph when the accident occurred, which complicated our “design defect” case against the automobile manufacturer. We obtained a protective order from the court so the van could not be altered, and our experts inspected the van and surrounding area to reconstruct the accident. As a result, our experts were able to opine that the van was defective in that it was designed with a lack of crashworthiness of its occupant compartment, which caused the passengers to be ejected from the van during the rollover.
