Verdicts & Results
The cases listed below are examples of results that we have obtained in various cases during our years of practice primarily in the areas of medical negligence and personal injury. This information is only presented to show that the firm has extensive experience in handling a wide variety of medical malpractice cases and personal injury cases. However, every case is different and the results obtained depend on the facts of each case as well as the issues involved. You should not take this information as an indication of what your particular case may be worth.
Medical malpractice/Birth injury/Cerebral palsy: Client was parent of a baby who was born with low APGAR scores, low pH and had suffered an Hypoxic Ischemic Encephalopathy during labor and delivery. The medical personnel failed to appropriately monitor the baby during labor and was unaware that baby was having problems before delivery. The defendants denied all liability. Recovery: $5.5 million.
Medical malpractice/Failure to diagnose malrotated bowel/Loss of intestines: Client was parent of ababy who was hospitalized and began to exhibit bilious vomiting. It was alleged that an upper GI and lower GI (barium enema) should have been performed. Due to the failure to timely diagnose the malrotated bowel, the baby lost most of his intestines. The baby was placed on total parenteral nutrition (TPN) for growth. Fortunately, as the baby grew so did the length of the baby’s intestines. The baby received supplemental feeding through a G-tube in his stomach. The defendants denied all liability. Recovery: $5 million.
Medical malpractice/HELLP syndrome/Pre-eclampsia/Hypovolemic shock/Death: Client underwent an emergency C-section at 30 weeks gestation following a diagnosis of pre-eclampsia and HELLP (hemolysis, elevated liver enzymes and low platelets) syndrome. After delivery, the client exhibited signs and symptoms of hypovolemic shock and hemorrhagic shock with low blood pressure, increased heart rate, decreased hemoglobin and decreased hematocrit. Client was transfused with red blood cells, plasma and platelets, and responded favorably. Unfortunately, medical personnel did not discover the cause of the client’s decreased red blood cells and decreased fluid volume. As a result, the client suffered a heart attack and global ischemic brain damage. Eventually, it was discovered that the client had a postpartum bleed in the pelvis and abdomen that went undiagnosed. The client died the following day. Recovery: Settlement amount confidential at the insistence of the defendants.
Medical Malpractice/loss of small bowel: Baby lost nearly all of his small bowel after exhibiting bilious vomiting from a bowel malrotation that went undiagnosed by physicians. Recovery: $4,117,422 plus future annuity payments up to $3,143,311.
Motorcycle accident/Wrongful death: Motorcyclist died when he collided with a motor vehicle. Recovery: $2,750,000.
Medical Malpractice/Wrongful Death/Undiagnosed Heart Attack: Clients were spouse and surviving children of patient who went to a local clinic with complaints of midback pain and scapular pain. Cardiac enzyme testing was performed and the patient was released. The testing came back and showed a high Troponin level, but the patient was not notified. The patient died the following morning of a heart attack. The defendants denied all liability. Recovery: $2,500,000.
Motorcycle accident/Wrongful death: Motorcyclist died when he collided with a bus that allegedly failed to stop at a stop sign. We alleged that if the school bus had come to a complete stop at the stop sign for even one second, then the motorcyclist would have safely passed through the intersection and the accident would never have happened. Defendants alleged that the motorcyclist was speeding and that he was the cause of the accident. Plaintiffs conceded that the motorcyclist was speeding but denied this caused the accident. Plaintiffs were aided in their presentation of the evidence by plaintiffs’ expert’s use of a drone to digitally record and reconstruct the accident scene. Recovery: $2 million.
Accounting malpractice/Fraud/RICO: Client was a business owner who lost significant sum of money through investing in speculative investments recommended by his accountant and a bank officer. Defendants denied liability. Recovery: $2 million.
Medical Malpractice/Wrongful Death at Birth: Client was pregnant and admitted to labor. Baby was in an occiput posterior (face up) position and there was an arrest of labor. Physician failed to timely recognize fetal distress. Once recognized and stat cesarean section ordered, the attending OB did not act expeditiously. OR team was ready and OB, who was in the hospital, took additional time to get to the OR. By the time the C-section occurred, the baby was severely acidotic with hypoxic injury. The baby died shortly after death. The defendants denied liability and claimed the death was a result of meconium aspiration syndrome. Recovery: $1,750,000.
Medical malpractice/Premature birth/Grade IV intraventricular hemorrhage with post-hemorrhagic hydrocephalus, and shunt placement and periventricular leukomalacia: After a 10-hour labor, mother delivered premature infant at a rural county hospital that was not prepared to resuscitate baby. We alleged hospital should have arranged for mother to be transported to a Level III hospital that was prepared to resuscitate premature infants. Liability denied. Recovery: $1.75 million.
Workers’ compensation/Burn injury: Client suffered amputation of right and left arms following an electrocution from high-voltage power lines he was working on at the time of his injury. Both a gross negligence claim and a workers’ compensation claim were alleged and were settled at the same time. The workers’ compensation claim was settled for payment of $1 million plus the waiver of a $720,000 medical lien. Part of the settlement was used to fund a Medicare Set Aside Trust. The gross negligence claim was settled for additional consideration. Total Workers’ Compensation Settlement of $1.72 million.
Medical malpractice/Failure to monitor premature infant: Plaintiffs allege a premature infant suffered a brain injury caused by failing to properly monitor the child following the child’s birth. Defendants allege the infant’s condition developed in utero before the infant’s birth. Recovery: $1.7 million.
Medical malpractice/fatal pulmonary embolism: Client was the surviving spouse of a middle-aged man who died of a pulmonary embolism following rotator cuff surgery. The deceased spouse had a history of a prior DVT and was on anticoagulant therapy prior to the surgery. He was taken off of the anticoagulants prior to surgery but after surgery his anticoagulants were not restarted. The deceased spouse died on his doorstep as he arrived home after being discharged from the hospital. Defendants denied liability. Recovery: $1.68 million.
Medical malpractice/gastric bypass surgery: Client suffered a leak in her bowel following gastric bypass surgery. The leak led to the development of sepsis and treatment in the ICU. Client was disabled prior to the surgery so there was no lost wage claim. Defendants denied all liability. Recovery: $1.65 million.
Medical malpractice/Failure to treat herniated disc and spinal cord compression: Client suffered a herniated disc at work and was taken to a hospital emergency room. Client was left unattended for a substantial period of time, while his spinal cord was further compressed leading to paralysis. Client also asserted a workers’ compensation claim. Both the defendant hospital and the employer denied liability. Recovery: $1.45 million plus a lifetime medical services contract to include monthly payments to client’s spouse for in-home services.
Medical malpractice/Failed lumbar puncture: Client suffered a subarachnoid hemorrhage following a failed lumbar puncture that was complicated by the fact that client was taking blood thinners in the days preceding the lumbar puncture. Plaintiffs allege there was insufficient reason to administer a lumbar puncture when faced with the risk of bleeding. Recovery: $1.4 million.
Medical malpractice/Birth injury/Brain injury/Cerebral palsy: Client underwent a prolonged labor leading a distressed baby suffering from a lack of oxygen. The defendant physician failed to recognize fetal distress and failed to perform an emergency C-section. As a result, the baby suffered an anoxic brain injury that led to cerebral palsy. Defendants denied liability and contended that the brain injury was due to an infection earlier in the pregnancy as demonstrated by mother’s medical records and apparent seizures in utero prior to labor. Defendants further contended that the cerebral palsy could not have been caused by the alleged birth injury because the American College of Obstetricians and Gynecologists’ (ACOG) criteria required for an hypoxic event to be causally related to cerebral palsy were not met. Recovery: $1.35 million.
Medical malpractice/Birth injury/Brain injury: Client underwent a trial of labor with a suspect large for gestational age/macrosomic baby. Labor was slow to progress and at the time of delivery, shoulder dystocia was encountered. When all attempt to deliver the baby failed, the client was rushed to the operating room for an emergency C-section. As a result of the delay in getting the baby delivered by C-section, the baby suffered brain damage due to lack of oxygen (known as hypoxia). The baby was diagnosed as suffering from hypoxic ischemic encephalopathy. It was alleged that the medical care providers failed to adequately assess the pelvis of mom to determine whether she could deliver a macrosomic baby. It was further alleged that if appropriate pelvimetry had been performed, the baby would have been delivered by cesarean section. The defendants denied all liability. Recovery: $1.25 million.
Medical Malpractice/Perforated Colon During Colonoscopy/ Sepsis and loss of Bowel: Client underwent colonoscopy with removal of polyps. Physician used hot biopsy forceps for polyp removal and perforated the ascending colon. It went unrecognized. Patient developed sepsis and acute kidney injury. Had diverting colostomy for months before hooked back up. Defendants denied all liability. Recovery: $850,000.
Medical malpractice/Wrongful death: Client was the spouse of an individual who died of respiratory depression after being prescribed an excessive dose of Oxycontin, a narcotic pain medication. It was alleged that the deceased was opioid naïve and should not have been prescribed the Oxycontin at such a high dose. Defendants denied liability. Recovery: $787,500.
Medical malpractice/Wrongful death/Airway closure and anoxic brain injury: Clients were the spouse and children of an individual who was involved in an automobile collision in which he suffered a fracture of one of his cervical vertebra. In the hospital, the individual was placed in a cervical collar and was monitored while he awaited surgery to place a Halo ring to stabilize the fractured vertebrae. As time passed, the individual’s airway slowly closed due to mucus. The nursing staff failed to diagnose the respiratory decline and the patient went into respiratory arrest. As a result of the respiratory arrest, the individual suffered an anoxic brain injury due to lack of oxygen. It was alleged that the nursing staff failed to properly monitor and assess the patient. The defendant denied all liability. Recovery: $750,000.
Medical malpractice/Necrotizing infection of the abdomen: Client suffered a necrotizing infection in her peritoneal cavity that went undetected following a hernia repair. It was alleged that the client exhibited signs and symptoms of septic shock that went undetected. The necrotizing fasciitis damaged the entire abdominal wall and plastic surgery was required to repair the injury. Liability was denied. Recovery: $700,000.
Medical malpractice/Wrongful death/Pulmonary embolism/Deep vein thrombosis: Clients were spouse and child of an individual who was bedridden in a hospital due to a herniated disc. While recovering, the individual began to have complaints of lower leg pain, calf pain and pain behind the knee. It was asserted that serial Doppler ultrasounds of the leg should have been performed, but were not. The client died suddenly of a massive pulmonary embolism to her lungs. The defendants denied all liability. Recovery:$500,000.
Medical malpractice/Wrongful death/Undiagnosed heart attack: Clients were spouse and children of an individual who went to his family doctor complaining of chest pain and left arm pain (classic signs of a heart attack). Doctor did not do any tests, but sent client to hospital for out-patient testing by stress-echo. The individual could not complete the testing due to fatigue, but was released anyway. Client died five days later of a massive heart attack. Defendants denied any liability. Recovery: $500,000.
Personal injury/Damage to ventriculoperitoneal shunt: Client was injured when he fell out of a wheelchair while riding a bus. Client’s wheelchair was not properly secured. Prior to the fall, client had a ventriculoperitoneal shunt due to hydrocephalus. It was alleged that the fall caused damage to the shunt and a subsequent shunt revision was required. Liability was denied. Recovery: $400,000.
Medical malpractice/Infection from injection site: Client received steroid injections into his collarbone area due to pain. Shortly thereafter the injection sites became red and infected. The client became septic with an infection in his blood and was hospitalized. The bacterial infection seeded into the client’s bilateral knee replacements and the hardware had to be removed and replaced. It was asserted that the physician failed to use a proper aseptic technique when administering the cortisone injections. The defendant denied all liability. Recovery: $375,000.
Personal injury/Low back injury requiring fusion: Client was involved in a car accident that caused injuries to his lower back, including a herniated disc. The client went on to have a fusion of his L4-L5 disc spaces. Recovery: $350,000.
Medical Malpractice/Inappropriate monitoring of side effects of medication: Client suffered hyponatremia after being prescribed HCTZ. Defendants denied any liability. Recovery: $325,000.
Medical malpractice/Broken wrist/Failure to diagnose separation: Client suffered a fracture of her distal radius. She went to her family physician who placed a cast on the wrist and saw the client for follow-up care. During the subsequent checkups, the physician failed to notice that the fracture site was separating and was becoming misaligned. The distal radial fracture healed incorrectly and the client required another surgery by an orthopedic surgeon to break and reset the fracture. The defendant denied all liability. Recovery:$300,000.
Medical malpractice/Leg amputation/Medication error: Client was a smoker and had been placed on Coumadin, an anticoagulant, for suspected TIAs. After being on the Coumadin for approximately two years with no problems, the client’s Coumadin was discontinued by a different physician. Shortly thereafter, the client developed blood clots in both of his leg and was taken to surgery. One of the legs could not be saved and was amputated below the knee. It was alleged that the physician inappropriately removed the patient from Coumadin. The defense denied liability and asserted that the client lost his leg because of his 30 years of smoking and his pre-existing peripheral vascular disease. Recovery: $300,000.
Medical malpractice/Wrongful death/Medication error: Clients were a spouse and child of an individual who was 64 years when he was prescribed Zomig for migraine headaches. Client subsequently died of a heart attack. Plaintiffs asserted that Zomig should not have been prescribed because the client had a history of coronary artery disease. Defendants denied any liability. Recovery:$300,000.
Personal injury/Facial scars/Headaches/Alleged closed-head injury: Client was a teenage girl who was involved in a motor vehicle accident. Liability denied and comparative fault alleged. Recovery: $275,000.
Insurance/Bad faith: Client had a disability policy with a major disability insurance carrier. Client, a surgeon, who suffered from numbness in dominant arm/hand, applied for disability insurance under a policy that he had purchased decades before. The present value of the total possible payout was $175,000. When the disability insurance carrier denied liability for the claim, a lawsuit was filed seeking the monthly benefits and also claiming that the denial was made in bad faith. Defendant denied liability. Case settled at a mediation. Recovery: $250,000.
Personal injury/Multiple injuries to knees and face: Client was injured while riding an all-terrain vehicle (ATV). Client was a minor and was operating a 450 cc ATV owned by the father of a friend. Liability was denied. Recovery: $225,000.
Medical malpractice/Removal of wrong part of colon/Colon cancer: Client was diagnosed with a potential malignant mass in his colon. Surgeon who performed surgery to remove cancer removed the wrong part of the colon. This resulted in a second surgery to remove the cancer at a later date. Client’s damages were the need to undergo an unnecessary second surgery and increased bowel movements. Client passed away from unrelated causes. Recovery: $225,000.
Automobile accident: An 85-year old woman suffered a broken ankle in an automobile accident. Complications arose from the broken ankle that resulted in a lengthy hospital stay. Plaintiff sought recovery from the liability insurance carrier and plaintiff’s underinsured carrier. Plaintiff settled for policy limits with both carriers. Recovery: $200,000.
Medical malpractice/Inappropriate gall bladder removal: Client went in for an arthroscopic cholecystectomy (removal of the gall bladder). The physician did not accurately identify the anatomy and unknowingly cut the client’s common hepatic duct. The client went on to require an additional surgery to repair the duct (“Roux-en-Y” procedure). Defendant denied liability. During depositions it was shown that the surgeon had used too many hemoclips on what he believed was the cystic duct and the cystic artery. Instead, he had placed hemoclips of the both the common hepatic duct and the common bile duct. Recovery: $200,000.
Medical malpractice/Premature birth/Failure to administer corticosteroids: Client was experiencing bleeding and cramping, and sought evaluation at hospital. After an overnight stay, client was released home, without first administering corticosteroids to aid the baby’s pulmonary maturity. Within an hour of arriving at her home, client delivered a premature baby who suffered from respiratory distress syndrome (RSD). Over the first few years of child’s life, he suffered from increased respiratory infections. Physicians and hospital denied any liability. Recovery: $200,000.
Personal injury/Cervical neck injury: Client was involved in a car accident that caused a fracture to one of her cervical vertebrae. Client required a neck brace, but a fusion was not required. Recovery: $181,000.
Personal injury/Total knee arthroplasty: Client involved in a car accident that resulted in the rupture of his anterior cruciate ligament and possible tears in both menisci of his right knee. Client had pre-existing arthritis in the knee. He underwent a total knee arthroplasty to correct the problem. Liability was denied. Recovery: $180,000.
Medical malpractice/Failure to diagnose choriocarcinoma: Client suffered a miscarriage and was being followed by her obstetrician. Client continued to complain of bleeding, but obstetrician failed to obtain beta-human chorionic gonadotropin (ßhCG) testing until normal. Client suffered from choriocarcinoma that went undetected. Client required much more extensive chemotherapy than she would have need had the cancer been detected earlier. Cancer did go into remission and likelihood of recurrence was minimal. Liability was denied. Recovery: $175,000.
Personal injury/Wrongful death/Automobile pedestrian collision: A high school student was struck and killed by a car when he stepped into a busy street at night, during a snow/ice storm. While a crosswalk was available at another location on the street, the student chose not to cross the street at that location. There was a dispute over whether the driver of the vehicle was speeding based upon two accident reconstruction reports. There was also a dispute as to whether there was any insurance to cover the driver or the motor vehicle that struck the student. Recovery: $175,000.
Personal injury/Slip and fall/Knee injury: Client suffered a fall on a wet floor at a restaurant, which resulted in a right anterior cruciate ligament reconstruction. Liability was denied. Recovery: $150,000.
Personal injury/Soft tissue damage/RSD/CRPS: Client suffered soft tissue injuries that lead to reflex sympathetic dystrophy (aka complex regional pain syndrome). Client’s RSD symptoms completely resolved on two occasions and defendant asserted that client had recovered. Recovery: $150,000.
Personal injury/Whiplash to thoracic and lumbar area of back: Client suffered injuries to her mid back and lower back when her vehicle was struck from behind by another vehicle. Client went on to develop chronic back pain. Recovery: $150,000.
Personal injury/Slip and fall/Broken ankle: Client slipped and fell on ice that had accumulated due to the defendant watering plants outside of a commercial business in November. Client suffered a broken ankle (mildly displaced fracture thru the medial malleolus and an anterior dislocation of the distal tibia). Client ultimately required an ankle fusion and orthotic insoles in her shoes to walk after the injury healed. Defendants denied any liability. Recovery: $135,000.
Personal injury/Head injury: Client suffered head injuries and other multiple injuries when her vehicle was struck by another vehicle. Recovery: $135,000.
Medical malpractice/Radiology: Plaintiffs allege medical providers failed to correctly interpret CT scans and failed to diagnose a lung condition. Plaintiffs further allege the failure to diagnose the condition led to permanent lung damage. Defendants denied all allegations. Recovery: $134,000.
Automobile accident: A passenger in a vehicle rear-ended by a truck at high speeds. The passenger suffered neck pain, shoulder pain and lower back pain. The passenger had a prior history of lower back surgery and shoulder replacement. A later and unrelated t-bone collision caused a concussion and fractured sternum which resolved with time. Recovery: $130,000.
Automobile accident: A 45-year-old woman was driving a truck and towing a trailer when she was rear-ended on a rural highway causing her truck and trailer to roll. The woman suffered several injuries, including a full rotator cuff tear necessitating surgery. Plaintiff sought recovery from the liability insurance carrier and settled for policy limits. Recovery: $100,000.
Personal injury/Cervical whiplash/Low back pain: Client suffered whiplash injuries to her neck and lower back in a motor vehicle collision. Recovery: $100,000 (policy limits).
Personal injury/Dog bite: Client, a small child, was attacked by a dog and suffered facial lacerations. Recovery: $100,000.
Personal injury /Motor vehicle accident: Client injured in a motor vehicle accident. Recovery: $100,000.
Personal injury/Soft tissue injuries/Low back pain: Client involved in a motor vehicle collision resulting in soft tissue injuries to her lower back. No surgeries required. Liability was denied. Recovery: $70,934.
School district liability: A 15-year-old boy’s middle finger was caught in a door jamb when an allegedly negligent school employee closed a door. The tip of his finger was removed but had substantially re-grown at the time of the settlement. Recovery: $70,000.
Medical malpractice/IV infiltration of dopamine: Client was in the hospital for treatment when an IV administering dopamine infiltrated the subcutaneous tissue. The antidote, phentolamine, was not administered in a timely manner and the patient suffered severe burns to her left hand at the site of the infiltration. Recovery: $65,000.
Bicycle accident: A 57-year-old woman’s bicycle slipped out from under her and caused her to fall to the ground. As a result of the fall she suffered a broken ankle. Plaintiffs alleged that the bicycle’s tire slipped on a slick patch in the street caused by a local homeowner’s sump pump discharging onto the street. Plaintiffs further alleged the municipality was aware or should have been aware of the discharge and resulting dangerous condition, and did nothing to remedy the hazardous condition. Recovery: $61,000.
Medical malpractice/Failure of skin graft: Client had a cancerous lesion removed from her face. She then required plastic surgery and a skin flap to cover the surgical area. In followup care the skin flap began to exhibit problems but nothing was done to correct the problems. As a result, the entire skin flap died and the injured area healed by secondary intention. Defendant denied any liability. Recovery: $46,400.
Personal injury/Shoulder injury: Client suffered a rotator cuff injury to his shoulder in a car accident. Recovery: $42,500 (policy limits).
Personal injury/Whiplash to neck/Arm pain: Client suffered whiplash injuries to his neck and pain in his arm after his vehicle was struck by another vehicle. Client had lost wages and medical bills, and his injuries ultimately got better. Recovery: $32,500.
Dog bite: A 72-year-old woman suffered a dog bite to her upper arm when she attempted to rescue her small dog from an attacking Great Dane. The bite wounds healed without complication. Recovery: $30,000.
Dog bite: A 7-year-old boy was bitten by a dog that caused lacerations to the boy’s nose, eyelid, neck and hand. These healed but a future scar revision surgery costing $2,000-$5,500 might be necessary should the plaintiff decide to undergo the procedure. Recovery: $28,000.
Termination of retiree health insurance benefits: Represented 77 retired employees whose company terminated their lifetime health insurance benefits. Obtained an injunction prohibiting company from terminating the benefits until a trial could be held. During the pretrial discovery phase, a settlement was reached. The terms of the settlement are confidential at the insistence of the defendant employer.
Discrimination law: Our attorneys have acted as counsel in a host of lawsuits involving claims of discrimination brought under federal law. These claims have included discrimination based on race, sex, age, disability, retaliation and national origin, arising under Title VII (race, national origin, sex) 42 U.S.C. § 1981 (race), the Age Discrimination in Employment Act (ADEA) of 1967, 29 U.S.C. §§ 621-34, Title VII, §704(a) (retaliation), and the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-13. These cases have also involved claims under the Iowa Civil Rights Act. We have represented individuals as well as businesses, such as a Big 5 accounting firm, a large regional dairy, and the Resolution Trust Corporation (RTC).
Financial Institutions Law: Our attorneys have represented administrative agencies and individuals in cases involving the application of a host of federal laws and administrative regulations. These agencies have included the Federal Savings and Loan Insurance Corporation (FSLIC) (seeking to recover losses in excess of $100 million) and the National Credit Union Administration (NCUA) (seeking to recover losses in excess of $30 million).
ERISA: Our attorneys have represented both employers and employees in claims brought under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1000 et seq. Our employee clients have successfully sought recovery from major disability insurance carriers to include Unum Life Insurance Company, UnumProvident, MetLife, and Principal Life Insurance Company.
Railroads: Our attorneys have successfully represented clients involving claims brought against railroads under the Federal Employee Liability Act (FELA) as well as crossing cases involving wrongful death claims.
Securities law: Our attorneys have successfully represented clients involving claims brought against national and regional brokerage firms involving fraud, suitability and churning claims in arbitration proceedings before the National Association of Securities Dealers (NASD) and the American Arbitration Association (AAA).