"We understand that at the heart of every case is a person or business in crisis. "
Randy Dorman v. Bridgestone/Firestone, Inc.
Overview:
A jury awarded $105 million to a man who was seriously injured when a multi-piece wheel explosively separated while he was airing up a tire. This caused the rim to strike his face with such force that it could have lifted a 3000-pound car 15 feet off the ground. Click here for an extensive write up about this case handled by our firm.
Attorneys:
Maldonado v. Regal Riverfront Hotel
Overview:
A boxer was awarded $41 Million by a jury for brain damage due to a hotel’s failure to have an ambulance at a boxing match. He was eventually diagnosed with severe brain damage.
Attorneys:
Walsh v. Mid-South Trucking
Overview:
$10 million settlement of a claim brought against a trucking company. An 80,000 pound tractor trailer crossed the center line, killing the occupants of an oncoming car. The lawyers of The Simon Law Firm determined that the truck driver had over 230 separate violations of the federal regulations in the ten months he had been employed by the trucking company.
Attorneys:
The Estate of Cliff E. Cruse v. Johnson & Johnson Corporation et al.
Overview:
Thirty-five year old Cliff Cruse was found dead by his minor son near midnight on April 12, 2006. The toxicology report revealed a lethal concentration of fentanyl in his blood. At the time of his death, Cliff was wearing one 75 mg/hr Duragesic fentanyl patch manufactured, distributed and sold by Defendants. Duragesic is a 72 hour transdermal pain medication that is absorbed through the skin. The active ingredient in Duragesic is fentanyl, a powerful opioid narcotic with pain relieving properties. Cliff’s Duragesic patch was prescribed by his physician for treatment of his chronic back pain. There was no other source for the fentanyl found in Cliff’s blood and there was no evidence that Cliff has misused or abused his Duragesic prescription.
“This case was referred to us as a medical negligence matter, but with the unusually high amount of fentanyl in Mr. Cruse’s blood upon autopsy, we had to investigate the role of the fentanyl patch. Shortly after we began our work, a jury in Florida awarded a father 5.1 million dollars for the wrongful death of his adult son. Because the pleadings in federal court are all online, we went to work trying to determine whether our case was similar”, says Amy Gunn, lead trial counsel for the Cruse family. She spoke with and hired the same experts and found that there were many similar cases pending around the country.
Strategy:
The family filed a product liability case alleging that the Duragesic patch worn by Cliff on the day of his death was defectively designed and manufactured because, during the manufacturing process, small holes or slits could sometimes occur in the material containing the fentanyl gel. It was believed that the patch worn by Cliff leaked a fatal dose of fentanyl gel, which was then absorbed quickly into his skin while he slept. The concentration was too much for his liver to metabolize and Cliff died of respiratory depression caused by the overdose of fentanyl.
This same product had been recalled in February, 2004 because Johnson & Johnson had reports of leaking patches from the field. As a result of the recall, changes were made to the manufacturing process, but the design stayed the same. The family alleged that not 100% of leaks could be ruled out despite the manufacturing changes or despite quality assurance and quality control measures. Recalls continued after Cliff’s death and in the summer of 2009, the company changed from the reservoir design to a matrix design, which does not leak.
Results:
In November, 2008, a Cook County jury awarded the husband of a woman who had died while wearing a Duragesic patch, 16.6 million dollars. Shortly before, another Florida jury awarded a family over 13 million dollars in a case involving similar allegations against the Duragesic patch. After two and a half years of litigation, the Cruse family agreed to settle their claims against the Johnson & Johnson Defendants for a confidential amount about one month before trial was scheduled to begin.
“The settlement was important to my clients, but they were more satisfied to learn that the reservoir design had been taken off the market. It is not everyday that lawsuits can effectuate positive change to an industry, but I believe these cases have done that.” Amy Gunn added.
Attorneys:
The Estate of Joseph Baldwin v. National Healthcare of Mt. Vernon, Inc., d/b/a Crossroads Community Hospital
Overview:
Sixty two-year old Joe Baldwin woke up on Saturday, January 20, 2007 with acute onset of severe chest and abdominal pain. He was taken by his wife to the Emergency Department at Crossroads Community Hospital in Mt. Vernon, Illinois and was assessed by an emergency medicine physician. A CT Scan of the chest revealed what appeared to be pneumonia. Mr. Baldwin was admitted to the Crossroads Intensive Care Unit. Later that day, Mr. Baldwin was seen by an employed physician, Dr. Elizabeth Cox, a family physician, whose physical examination of Mr. Baldwin showed excruciating abdominal pain with a belly that was very tender to the touch. Dr. Cox indicated in her medical notes that the patient presented “quite a puzzling picture” and noted that “there is more going on here than meets the eye. At this time we have more questions than answers. I will see how he is doing by morning.” Dr. Cox ordered a CT Scan of the patient’s abdomen with contrast “tonight if possible” and left the hospital around 8:30 p.m. Due to a back-up in radiology from the emergency room, the CT Scan was not performed. Late that night, Mr. Baldwin’s family decided to transfer the patient to another local hospital. By the time the patient reached the second hospital at around 2:00 a.m., he was unstable and required intubation. A CT Scan of the abdomen was performed shortly after arrival and showed a perforated peptic ulcer. Mr. Baldwin was diagnosed as septic, but had to be stabilized before he was taken to surgery the next morning to repair the perforation. Unfortunately, he died on January 29, 2007. The death certificate revealed sepsis due to perforated ulcer.
Strategy:
Suit was filed and Plaintiff’s experts alleged that Dr. Cox failed to recognize and diagnose the cause of the patient’s severe abdominal pain, failed to order the CT Scan in a “stat” or immediate fashion and failed to get a surgical consult. The experts believed that Mr. Baldwin was showing signs and symptoms of “acute abdomen” and needed immediate surgical intervention. If surgery had been performed in a timely fashion, Plaintiff’s experts testified that Mr. Baldwin would have survived. Dr. Thomas Spence, defense expert, testified that it was within the standard of care for Dr. Cox to have ordered the CT Scan as she did, but admitted that it also would have been acceptable had she ordered it “stat.”
Results:
Amy Collignon Gunn, attorney for the Baldwin family, believes the case was bolstered by the testimony of a subsequent treating physician, Dr. Richard Garretson. “Often times my clients tell me that their treating physicians are critical of the defendant doctor or hospital, but when it comes time to testify they have reservations and will refrain from offering opinions.” In this case, however, Dr. Garretson supported the allegations of negligence and causation. “He really showed courage because Mt. Vernon is a small medical community and Dr. Garretson believed that a mistake had been made and wasn’t afraid to say so,” says Ms. Gunn.
Mr. Baldwin, a local business owner, was survived by his wife of almost 40 years and his adult daughter. The matter was set for trial on May 18, 2010 and directly prior to jury selection on that date, the parties reached settlement for a confidential amount.
Attorneys:
Creative Internet Advertising Corporation v. Yahoo! Inc., et al.
Overview:
A federal jury awarded Acacia Research Corporation’s (Nasdaq: ACTG) subsidiary, Creative Internet Advertising Corporation, $6.6 million in a patent infringement trial with Yahoo! Inc.
Strategy:
The civil suit, Cause No. 6:07cv534, pending in the U.S. District Court for the Eastern District of Texas, Tyler Division, alleged that Yahoo! Inc.’s messenger program with IMVironments infringed United States Patent Number 6,205,432 (the “’432 patent”), both literally and under the Doctrine of Equivalents.
Results:
The jury awarded damages in the amount of $6,625,584. The jury also unanimously concluded that Yahoo! Inc.’s infringement of the ‘432 patent was willful. Creative Internet Advertising Corporation was represented by Anthony G. Simon and The Albritton Law Firm of Longview, TX.
Update!
On Feb. 1, U.S. Magistrate Judge John D. Love concluded that Yahoo’s willful violation merited a two-thirds enhancement of the damages award, or $4,540,852, bringing the total damages to $11,352,130.
The court also concluded that CIAC was entitled to prejudgment interest in the amount of $1,110,161 and postjudgment interest.
The total award, excluding postjudgment interest, is $12,462,291.
Attorneys:
US Ring v. World Wide, et al
Overview:
On Jan. 29, a federal jury in St. Louis handed a big win to a St. Louis company, U.S. Ring Binder L.P., when it declared invalid two patents held by China-based World Wide Stationery Manufacturing Co. Ltd.
Strategy:
U.S. Ring, the defendant, was sued by World Wide Stationery for patent infringement involving U.S. Ring’s Insta-Clik mechanism, which is used in three-ring binders.
U.S. Ring is World Wide Stationery’s last remaining competitor. In 2008, World Wide Stationery began sending letters claiming patent infringement to companies that purchased Insta-Clik binders. By 2009, Insta-Clik binder sales had fallen by 90 percent from the previous year.
In the civil suit, World Wide Stationery alleged that the Insta-Clik infringed two United States patents. U.S. Ring denied the allegations and asserted two defenses. First, the Insta-Clik mechanism did not infringe on World Wide Stationery’s patents. Second, World Wide Stationery’s patents were invalid because they did not cover new inventions. In its counterclaim, U.S. Ring asserted that World Wide Stationery made false statements to its customers about the alleged infringement. U.S. Ring sought a declaration that the patents were invalid and unenforceable.
Results:
After a two-week trial, the jury concluded that World Wide Stationery’s patents were invalid because they did not cover a new invention. U.S. Ring Binder was represented by Anthony G. Simon and Timothy E. Grochocinski of St. Louis’ The Simon Law Firm.
Attorneys:
David Smith v. Dr. Sporleder and Associated Family Physicians
Overview:
On September 3, 2009, a Cole County jury awarded David Smith $1.02 million for his claims against Dr. Patrick Sporleder and his Jefferson City, Missouri practice. Mr. Smith alleged that Dr. Sporleder failed to inform him of abnormal kidney function results, failed to follow up on these results and failed to refer Mr. Smith to a specialist. As a result of these failures, Mr. Smith’s undiagnosed kidney disease was allowed to progress and worsen to the point of no return.
Results:
When the condition was diagnosed ten months later, Mr. Smith was in end stage renal disease and required daily dialysis and has suffered a failed kidney transplant. Defendants argued that they did inform Mr. Smith of the abnormal kidney function results and that Mr. Smith simply failed to follow up as instructed. The jury deliberated for over eight hours and came back with a verdict in favor of Mr. Smith for $1.02 million. The jury also found Mr. Smith comparatively negligent and assessed him 55% fault for a net verdict of $459,000. It is believed that this verdict is the largest in a plaintiff’s medical negligence case in Cole County history. Mr. Smith’s attorneys are Amy Collignon Gunn and Anne Brockland.
Attorneys:
Jane Doe v. Pharmaceutical Company
Overview:
Suit was filed in St. Louis Circuit Court alleging that the company failed to follow federal regulations pertaining to handling hazardous chemicals in the lab and that the company had failed to warn the mother of the dangers associated with exposure to phenylacetic acid. The petition alleged that the company negligently exposed a pregnant mother to phenylacetic acid vapors generated when the chemical, a known fetotoxin, was heated in an unventilated oven less than 10 feet away without the mother’s knowledge. The mother was eleven weeks pregnant at the time; her daughter was later born with severe birth defects. The cost of care for the child was estimated to be $6 million. Settlement amount $9.5 million.
Attorneys:
John Doe v. Switchgear Manufacturer
Overview:
A 48 year old man suffered third degree burn injuries to his upper body and had his arm amputated after he was electrocuted while at work in March of 2006. He was ordered by his supervisor to place a lead identification tag on an energized cable inside an energized 15,000 volt switchgear, a job which violated OSHA regulations and which other more highly-trained workers had refused to perform. To perform the task, he had to remove a protective removable barrier which should have shut off the electrical power automatically, however, the wires remained “live” and the worker was electrocuted. Suit was filed in St. Louis Circuit Court. Claims were brought against the supervisor under the “something more” theory of liability, thereby defeating worker’s compensation immunity and claims were also brought against the manufacturer of the switchgear. The case was settled for $6 million against the switchgear manufacturer and $4 million against the supervisor. Total settlement: $10 million.
Attorneys:
Jone v. Coleman
Overview:
A claim was brought against Coleman by the mother of a young man named Cary Lam. Cary went camping with his uncle. They lit a lantern for warmth in the middle of a cool night, and Cary died of carbon monoxide poisoning. The Coleman propane cylinder that was used did not mention the risks of carbon monoxide and stated that the propane should be used in a ventilated area. Both 2’ x 2’ windows on the tent were wide open at the time of the accident. The case of Jone v. Coleman was settled in March of 2009 for a confidential amount. Coleman did not admit liability.
Attorneys:
Guidry, et al. v. UBS Realty Investors L.L.C., et al.
Overview:
The plaintiffs had alleged that they had been denied their continuing exclusive right to provide cable service to a large apartment complex. Simul-Vision had originally entered its contract with the Seven Trails West Apartment complex in 1984. That contract provided that Simul-Vision would be the exclusive provider of cable television service to residents of Seven Trails. The jury’s May 19, 2006 verdict recognized that the breach defeated the original intentions of the parties that Simul-Vision would continue to have exclusive rights to provide cable service until a separate cable company would take over Simulvision’s existing cable system at the complex, compensating Simul-Vision on a per subscriber basis.
Attorneys:
Brown v. Laclede Gas Co., Inc.
Overview:
A gas utility company paid $8 Million to settle this wrongful death case filed on behalf of the family of Louis Brown, who was killed in a natural gas explosion at his home.
Attorneys:
Storage Technology Company v. Custom Hardware Engineering & Consulting, Inc.
Overview:
After four years of protracted litigation, Fenton-based Custom Hardware Engineering & Consulting, originally sued for copyright infringement, received a cash settlement and promise not to sue from StorageTek, who had initiated the litigation, and its parent Sun Microsystems.
Attorneys:
Donald Edwards, et al. v. Air Products and Chemicals, Inc.
Overview:
$2.3 Million settlement for a worker in a products liability suit. A liquid oxygen cylinder fell over and exploded.
Attorneys:
Inverizon International, Inc. v. Verizon Communications, Inc.
Overview:
Confidential Settlement of trademark infringement case where the defendant was accused of “reverse confusion.” The owner of a consulting company had sued Verizon Communications for trademark infringement, claiming that the use of that name confused his customers.
Attorneys:
Rodin Hernandez v. Penta Engineering Corporation
Overview:
$1.5 Million Settlement of a products liability suit. A worker was injured when a dust collection system suspended 25 feet above the floor collapsed and struck him.
Attorneys:
Moton v. Anesthesia Partners, Ltd.
Overview:
On Nov. 13, 2000, Robert Moton, Sr. died after undergoing an unsuccessful elective thoracotomy to remove a benign tumor from his right lung, leading to a malpractice suit by his family. Moton’s oxygen levels had dropped dramatically and he went into cardiac arrest. His family settled their St. Louis City medical malpractice suit with the anesthesiologist’s practice for $400,000 after six trial days in April 2005. The settlements with all medical provider defendants totaled $1,300,000.
Attorneys:
Andrew Beavers v. Paradise Valley Residents Association
Overview:
$2.5 million settlement for a 16-year old boy who was paralyzed from the chest down after an automobile accident on an improperly maintained road (no guardrail at a sharp curve). There had been seven prior accidents at the site.
Attorneys:
Michael Lebrun v. Mine Safety Appliances Co.
Overview:
$6.5 million settlement of a product liability suit. The plaintiff was a fire fighter who suffered brain damage when the oxygen alarm on his oxygen tank malfunctioned while he fought a fire in a high-rise retirement center. This suit resulted in a national recall of the product.
Attorneys:
Jason Frede and Alicia Frede v. Ford Motor Company et al.
Overview:
Plaintiffs alleged serious injuries resulting from multiple design features of the Ford Explorer. In addition to the rollover issues often associated with the Explorer, this case involved a claim for Ford’s defective design of the vehicle’s door latch system. As the vehicle rolled over on the highway, both doors flew open, causing the occupants to be thrown about, held in the car only by their seat belts (both occupants were wearing seat belts). Both Plaintiffs sustained their injuries as a result of the doors coming open. The Plaintiffs received a settlement that was confidential in amount.
Attorneys:
Christina Bova v. Union Pacific Railroad Company, et al.
Overview:
Christina Bova was riding as a passenger in a car that was hit by train at hazardous crossing settles suit. Her resulting brain injury caused her to be permanently disabled. As a result of her injuries, Bova, a high school graduate who had taken college courses, was unable to return to her job as a clerk for MSD. She is legally blind, can no longer walk without assistance, read, tell time, bathe independently, shop, or live on her own. Her past medical bills exceeded $695,557.00. Bova’s life care planner estimated that her future costs of care would top $7,991,748.80. It was estimated that Bova’s lost wages exceeded one million dollars. She received a settlement that was confidential in amount.
Attorneys:
Matt Love v. API
Overview:
In October 2001, Matt Love was hunting with a tree stand and safety belt in Jefferson County, Missouri. He was harnessed to the tree with a tree stand safety belt. While he hunted, this safety belt was the only thing that connected him to the tree. While using the belt, Mr. Love fell more than 25 feet. He suffered fractured vertebrae, resulting in paralysis. Mr. Love’s life care plan indicated projected that he would incur lifetime medical costs exceeding $2.2 million. In his lawsuit, Mr. Love alleged that his fall was caused when his tree stand safety belt failed. The two-piece safety belt was designed and manufactured by API Outdoors and Outland Sports. Mr. Love’s lawsuit was recently settled for a confidential amount.
Attorneys:
William Craig Prott v St. John’s Mercy Health System, et al.
Overview:
A patient who suffered brain damage during heart bypass surgery settles suit for a confidential amount against the hospital and the perfusionist monitoring his red blood cell level during the operation. His Red blood cell level had fallen below minimum set out in hospital protocol for an extended period.
Attorneys:
McCarthy v. Cessna Aircraft Co.
Overview:
This case was brought on behalf of the family of a student pilot who was killed in a crash. The suit, which was based on products liability, was settled for a confidential amount. Allan McCarthy was flying a 1977 Cessna single engine aircraft at the time. The family claimed lost wages of between $750,000 and $1M.
Attorneys:
John Doe v. Hospital and University
Overview:
This was a medical malpractice claim for a wrongful death on August 14, 2001. Plaintiffs claimed that Mr. Doe was administered an overdose of barium on August 8, 2001, just hours before he was to be discharged from the Hospital. The overdose of barium caused Mr. Doe to be admitted to the Intensive Care Unit where he underwent two additional surgeries. While in the ICU, defendants failed to provide sufficient blood thinning agents and Mr. Doe died from a pulmonary embolism on August 14, 2001. The parties reached a confidential settlement.
Attorneys:
McGrath v. Barnes-Jewish Hospital
Overview:
$2 million jury verdict for the family of Robert McGrath, a diagnosed paranoid schizophrenic. McGrath stabbed his father to death and wounded his mother with a kitchen knife immediately after his release by the hospital that had been treating him.
Attorneys:
Avandia and other Dangerous Drugs
Overview:
The firm has handled hundreds cases against the manufacturers of dangerous drugs, including Avandia, Vioxx, Fen Phen, Aredia, Quinine, Ephedra, Levaquin, Byetta, Digitek, Darvocet, Seroquel Accutane and Actos.
Results:
The firm has obtained over $20,000,000 in settlements for clients affected by the dangerous drug Vioxx, and millions more in confidential settlements regarding other drugs. The firm currently has hundreds of additional cases currently pending in courts all over the country.
Attorneys:
John Doe v. Polaris
Overview:
Plaintiff suffered severe injuries including a compound fracture to his ankle and torn ligaments in his opposite knee as a result of an ATV accident. Plaintiff brought a lawsuit against Polaris in Crawford County, Missouri alleging that the throttle on the ATV was negligently designed so that it was prone to sticking. Plaintiff further alleged that the ETC, which was designed to shut-down the engine if the throttle stuck, was negligently designed and failed. Plaintiff alleged that while travelling down a straight, asphalt road, the ATV suddenly accelerated when he gave it a little gas, and that despite his efforts he could not stop the ATV. Plaintiff left the roadway and was thrown into a grove of trees. Defendant filed motions to exclude reference to recalls of the defective throttle and ETC, to exclude reference to past fines by the government for problems related to the throttle design, and to prevent Plaintiff from seeking punitive damages at trial. After all motions were denied, parties reached a confidential settlement. Defendant did not admit liability.
Attorneys:
Jane Doe v. Polaris
Overview:
Plaintiff suffered injuries when riding an ATV on an asphalt road. Plaintiff filed a lawsuit in Washington County, Missouri alleging that due to negligent manufacture or design of a bolt that kept the rear control arm in place, the bolt snapped , causing Plaintiff to lose control of the ATV. The Plaintiff suffered multiple injuries when the ATV collided with at least two trees. Polaris asserted that the accident was caused by Plaintiff’s negligence and that broken bolt was the result of the collision with the tree. Two weeks before trial the case was settled for a confidential amount. Defendant did not admit liabitliy.
Attorneys:
Class v. LandAmerica
Overview:
Wage and hour claims were brought in the United States District Court in the Eastern District of Missouri. Plaintiffs alleged that LandAmerica required them to work overtime without compensation. A class of people from five states was certified. A confidential settlement for those who opted into the class was reached.
Attorneys:
John Doe v. Missouri Highways & Transportation Commission (MoDOT)
Overview:
A $926,378 settlement has been reached over a woman’s death and the injuries sustained by her two children when the vehicle the woman was driving veered off Interstate 55 in St. Louis and plunged over a 76 foot cliff. At the time of the accident, no barriers or guardrails were present at the site, even though at least one similar accident had occurred there previously.
Strategy:
Examination of the accident site revealed that it was impossible for a driver to recognize the precipitous drop at that location.
Results:
Within a week of the accident, the highway commission workers placed concrete barriers at the spot where the vehicle ran off the road. Without admitting liability, the highway commission agreed to settle the case in January of 2010.
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