"We understand that at the heart of every case is a person or business in crisis. "
Randy Dorman v. Bridgestone/Firestone, Inc.
Overview:
$105 million verdict awarded to a former tire repair worker who was seriously injured while inflating a truck tire when the tire rim exploded. The side ring separated from the rim while the plaintiff was inflating the tire to the manufacturer’s specifications. The force of the explosion caused Mr. Dorman to suffer multiple fractures and a brain injury.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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. For additional information.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Vioxx and Other Pharmaceuticals
Overview:
The firm has handled hundreds of pharmaceutical claims including Bextra and Vioxx (pain medications) and Ephedra and Fen-Phen (diet drugs).
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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.
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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.
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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.
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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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