How We Have Helped
Child Brain Damage - $5,000,000 Settlement
Walkup Melodia Kelly catastrophic injury specialists negotiated a cash and annuity settlement with a present cash value in excess of five million dollars on behalf of an infant born with quadriparetic paralysis after doctors and nursing staff failed to monitor the mother and deliver the baby quickly when fetal heart monitors indicated severe distress. 8 hours after being admitted to the hospital, the mother a fever. The doctor on call administered antibiotics and said he would check back in an hour. Nearly three hours later, the fetal heart rate monitors still showed a dangerous drop in the fetus’s heart rate to 85 and 90 (normal is 140), and remained there for about 10 minutes, prompting a frightened nurse to Call for a doctor. The infant was born an hour later by emergent vacuum extraction, with no heart rate. An MRI showed severe hypoxic ischemic encephalopathy. The child is totally dependant on others for all of her care. needs for her entire life. She is not expected to develop beyond the level of a one-month-old infant. Walkup Melodia lawyers utilized life care specialist’s pediatric rehabilitation to map out a lifetime plan of medical and attendant care.
Failure To Perform Cesarean Section – $,100,000 Arbotration Award for Infant Brain injury
In a case involving cerebral palsy, our birth injury attorneys obtained a binding and final arbitration award against Kaiser, the nations largest managed care provider, arising from an obstetrical disaster. The arbitration award has a present cash value of $4,100,000 and was secured on behalf of a 3-year-old boy afflicted with multiple neurological injuries as a result of negligent delivery. Our attorneys and physician experts proved that the infant endured a period of oxygen deprivation when his mother’s uterus ruptured. Obstetrical nurses left the mother unattended prior to the rupture of her uterus, and for that reason failed to appreciate ominous signs of the baby’s distress as reported on a fetal heart monitor.
Delayed Admittance to Obstetrical Unit – Brain Injury and Cerebral Palsy
We negotiated a pre-trial mediated settlement on behalf of a child who suffered profound brain damage when her mother’s uterus ruptured at the site of a previous myomectomy (surgery to remove a fibroid in the uterine wall). Two weeks prior to delivery, the child’s mother was hospitalized in pre-term labor. After being medicated and released, she was advised to observe strict bed rest and communicate with her OBGYN’s office. At 10:00 p.m. the evening before delivery, the parents called to report painful contractions. Without determining the onset, frequency, characteristics or location of the pain suffered by the mother, a telephone nurse told the mother to take an additional dose of her anti-contraction medication. Eight hours later, the mother awoke in severe pain. She was taken to a local hospital where the child was delivered by emergency C-section at 32 weeks gestation. The child was diagnosed with periventricular leukomalacia, and later developed infantile spasms and cerebral palsy.
Bicycle v. Automobile $17,000,000 Verdict
We represented a 53-year-old software engineer who was injured in an automobile versus bicycle collision in the Silicon Valley. A left-turning vehicle struck our client, and propelled him onto the hood and roof of the vehicle. He sustained a fracture of the temporal bone with resulting subdural hemorrhage and brain stem compression. The vehicle driver claimed that her vision of the cyclist was obscured by the sun. Our attorneys produced visibility experts at trial. Prior to trial, the defense had offered only $150,000 in settlement
Defective Industrial Aerial Lift - $10,000,000 Settlement
Our attorneys represented the surviving wife and two children of a Northern California real estate developer. While participating as a passenger in a “ride along” on a self-propelled man lift (which was to be used for accessing heating and ventilating ducting in his real estate projects) the decedent was killed when the lift tipped over. Our product liability team demonstrated that the lift, as designed, had a center of gravity that was too high and the risk of tip-over was not adequately protected against either by a widened wheelbase or by the utilization of outriggers. The manufacturer attempted to blame the operator of the device for driving it on an “uneven” exterior surface, when in fact, the lift was intended for indoor use. The recovery made on behalf of our clients included compensation for the future lost earnings of the decedent, and general damages for the loss of a husband and father’s love, care, comfort and society. The settlement included court supervised periodic payments throughout the lives of the two children to provide for college education and security during their young adult years.
Bicyclist Injured by Road Hazard -- $9,500,000 Settlement
Our attorneys achieved a settlement on behalf of 29-year-old amateur cyclist whose front tire became wedged within the broken grates of a storm drain cover. The claim was brought against Alameda County. Our client was traveling at roughly 10 miles an hour when he was propelled over the handlebars as his bike came to an abrupt stop. He landed on his head and fractured his neck. The action was brought against the City and County for violating provisions of the California Government Code requiring that public property be kept in a safe condition. Our attorneys were able to find other citizens who had complained about the problem in the past, thereby putting the City on notice. The settlement included both lump sum and future annuity payments to provide for the increase in cost of attendant care throughout our client’s life.
Head-On Collision - $8,875,000 Jury Verdict
Our automobile accident trial specialists obtained a jury verdict in Sacramento County in the amount of $8,875,000 on behalf of a young woman injured in a high-speed head-on collision. Our client’s car was struck by another automobile which was speeding and making an illegal left-hand turn. We sued the driver of the other car as well as the rental agency that had provided the car to the negligent operator. Our client sustained a brain injury and was in a coma following the accident. She also had multiple fractures of her arms and legs. Her claim included compensation for both pain and suffering as well as out-of-pocket damages including wage loss. Her residual complaints at trial included difficulty with memory, speech, gait and cognition. Before the trial, the insurance companies for the defendants had offered only $150,000 in settlement.
Dangerous Construction Site – $7,000,000 Settlement
Our construction site specialists represented a 40-year-old utility worker who was badly burned over more than 60 percent of his body while performing routine telephone line replacement. During the course of his work, a rotted power pole fractured, and high voltage lines carrying in excess of 12,000 volts of electrical current fell on our client who was standing in his bucket truck. Our attorneys brought suit against the responsible utility, and demonstrated that the rotten pole should have been discovered more than five years before the date of this tragedy. Using experts in the field of plastic surgery, internal medicine, forensic economics, and job site management, our attorneys recovered $7,000,000 on behalf of the injured worker. The recovery included reimbursement for lost wages and future wages and benefits, as well as past medical expenses exceeding $1,000,000. As part of the settlement, our attorneys also negotiated reimbursement and resolution of an outstanding worker’s compensation lien in excess of $1,000,000.
Dangerous Surgical Instrument - $5,200,000
Our medical device lawyers obtained a settlement in excess of $5,000,000 on behalf of a 54-year-old university school teacher who suffered major complications after undergoing treatment with a surgical device, recently designed and introduced on the market, to treat gastroesophageal reflux disease (also known as heartburn). The surgery was to be “minimally invasive” but instead the medical device used to perform the surgery caused significant burning and scarring of our client’s esophagus. She went on to suffer esophageal rupture, sepsis, major organ failure, and lapsed into a coma. While unconscious, she developed paralysis. She lost normal movement and function in her lower extremities. The maker of the device claimed that it could not be sued because the device had been approved by the FDA. Our attorneys prevailed on a motion for summary judgment in the trial court, and the case was then resolved by way of settlement just before trial.
Failure to Recognize Fetal Distress – $5,000,000 Settlement
Walkup attorneys negotiated a cash and annuity settlement with a present cash value in excess of $5,000,000 on behalf of an infant born with severe developmental delay, spastic quadriparesis, and permanent neurological injuries after doctors and nursing staff failed to monitor the mother and deliver the baby quickly when fetal heart monitors indicated severe distress. The 36-year-old mother’s pregnancy and delivery seemed to be progressing normally when, 8 hours after being admitted to the hospital, she developed a high fever. The doctor on call administered antibiotics for suspected chorioamnionitis, (an inflammation of the amniotic membranes), and said he would check back in an hour. Nearly three hours later, the fetal heart rate monitors indicated that the baby’s heart rate had dropped to 85 and 90, and remained there for about 10 minutes, prompting a frightened nurse to contact the doctor. Deceleration of the fetal heart rate is a common effect of chorioamnionitis. The infant was born a half hour later, by emergent vacuum extraction, with no heart rate, and appearing blue, floppy, and apneic. She was resuscitated through chest compressions and intubation. In the days following her birth, the infant exhibited general seizures with tremors in the lower and upper extremities. An MRI performed 8 days after her birth revealed that the infant had severe hypoxic ischemic encephalopathy. The child will remain fully dependent for all of her care needs for her entire life. She is not expected to develop beyond the level of a one month old infant. Liability was based upon failure to aggressively monitor the mother and fetus post administration of antibiotics and failure to deliver the baby when infection was first suspected.
Industrial Metal Forming Machine - $4,500,000 Settlement
We successfully represented the interests of a 42-year-old metal worker who suffered catastrophic brain injury after a 50 pound piece of metal was ejected from a metal-forming lathe which was manufactured by the defendant, a Japanese corporation. On behalf of our brain-damaged client, our attorneys demonstrated that the lathe had been manufactured and sold without analyzing all possible failure modes, and without including protection for work pieces or chuck components to be contained within the chamber of the lathe. Our attorneys were able to prove that the manufacturer knew of at least two similar lathe accidents, but had taken no remedial action. Under the terms of the settlement, approximately 75% was paid in cash, and 25% was dedicated to the purchase of multiple annuities to help pay for ongoing medical costs and to provide financial support for the wife and children of our injured client. As part of the settlement, a worker’s compensation lien in excess of $1,000,000 was also compromised and waived.
Automobile Accident – $4,500,000 Brain Damage Settlement
Our team represented a 14-year-old boy riding as a rear seat passenger in a car that was involved in a head-on collision in Bakersfield, California. As the car encountered a rural intersection, the driver found the roadway flooded. No warning signs had been erected. Although it had been raining earlier, it was not raining at the time of the collision. The flooded roadway caused the car to hydroplane and rotate, crossing into oncoming traffic, and colliding head-on with a car traveling in the opposite direction. Our young client sustained a major head injury, including coma. He also sustained fractures of his left leg and right arm. His medical bills exceeded $500,000. Because of his brain damage, experts forecasted that he would be unable to be self-sufficient in the work place. His future wage loss was estimated at over $800,000. Our attorneys achieved a settlement of $4,500,000 against defendants including the local county water district, the county road department, and the opposing driver.
Defective Seat Belt - $5,769,000 Jury Verdict
Our attorneys successfully obtained a jury verdict against American Honda Motor Company for injuries and death sustained by a husband and father of three who expired after sustaining massive chest injuries when involved in a modest speed collision in a Honda Civic. At an impact speed estimated to be approximately 30 miles per hour, and while wearing his seat belt, the decedent moved forward into his steering wheel, fracturing ribs, rupturing his spleen, and puncturing his lungs. Because of lack of oxygen, he sustained serious brain damage, which ultimately caused his death.
Our product liability lawyers obtained this verdict in Los Angeles County Superior Court, after a 4 week trial. They demonstrated that the seat belt design and configuration in the Honda Civic did not adequately protect our client in a foreseeable, modest speed collision. Utilizing experts in automotive engineering and automobile design, they demonstrated for the jury how the injury could have been avoided had the vehicle been design in a safer manner. Prior to verdict, Honda offered $25,000 in settlement of the case.
Birth Trauma – $4,100,000 Arbitration Award
Our team of attorneys obtained a binding arbitration award against the Kaiser Foundation Health Plan on behalf of an infant afflicted with cerebral palsy following negligent delivery at the Kaiser Hospital at Redwood City, California. Our attorneys proved that the child endured a severe hypoxic injury when his mother’s uterus ruptured during labor because the attending midwife negligently managed the mother’s delivery and failed to reduce or stop the administration of Pitocin, a labor-enhancing drug. Our team also demonstrated that the nurses left the mother unattended before the uterine rupture, which resulted in their failure to timely note the ominous signs of fetal distress. Our child injury specialists obtained an arbitration award in the maximum amount of general damages available under California law, $670,000 in future lost earnings, $330,000 in past medical bills, and reimbursement for in-home nursing and attendant care at the rate of $15,000 per month, increasing at 3% per year, for the life of the child. The arbitrators also awarded the mother $250,000 for emotional distress, and $84,000 for household modification expenses.
Defective Jet Ski - $3,760,000 Jury Verdict
Our product liability trial lawyers obtained a jury verdict in Napa County Superior Court in the amount of $3,760,000 on behalf of a 42-year-old woman who received serious and life-altering abdominal injuries when she fell from the rear of a Polaris model SLH-700 Personal Water Craft. The injury, which occurred on Lake Berryessa, was the result of high pressure jet stream from the rear of the water craft flowing into our client’s lower intestinal tract. She sustained damage to her bladder, sacral plexus, cosmetic scarring over her abdomen, and serious orifice injuries. Prior to trial, the maker of the jet ski had offered only $100,000 in settlement. The verdict is one of the largest in the history of Napa County.
Helicopter Crash – $3,100,000 Wrongful Death Settlement
Our aviation litigation team negotiated a settlement in the amount of $3,131,000 on behalf of the heirs of a 41-year-old helicopter ski guide who was killed when the helicopter in which he and three clients were riding crashed in the Ruby Mountains near Elko, Nevada. Our attorneys were able to prove, with the assistance of specialists in aviation accident reconstruction, that the crash was caused by a flameout in the helicopter’s jet engine as a result of defective design of its air inlets. Our attorneys also proved that the company which chartered the helicopter was negligent in its maintenance procedures and its failure to install proper engine inlet covers whenever the helicopter was grounded in snowy conditions. Our clients included the surviving wife and 2-year-old son of the deceased.
Private Plane Crash – $3,000,000 Wrongful Death Settlement
Our aviation litigators obtained a $3,000,000 settlement on behalf of the widow and two surviving children of a 45-year-old missionary who died in a plane crash in Mexico. While traveling on a missionary relief effort, the cam shaft gear broke in the plane which the decedent was piloting. Our attorneys successfully brought a wrongful death claim against the manufacturers of the engine, demonstrating that the engine contained both design and manufacturing flaws. Although our client’s husband attempted an emergency landing, he was unable to find a suitable place to safely land the craft. The plane struck a forested area before it reached the ground and the decedent lost his life.
Vehicle Collision – $3,000,000 Settlement
Our automobile accident wrongful death attorneys obtained a settlement comprised of both cash and future annuity payments, having a present cash value of over $3,000,0000, on behalf of the survivors of a 42-year-old man who was fatally injured when his truck struck a guardrail at a rural bridge crossing. On the morning of his death, the decedent’s pickup truck drifted across the center lane of a two lane road. After correcting back into his own lane, he struck and slid along a metal guardrail, which led to a bridge abutment. As he approached the bridge, there was a gap between the guardrail and the bridge rail. At the point of the gap, the front of the truck struck the abutment, which impaled the vehicle and its driver. Our wrongful death team demonstrated that the guardrail and bridge were not built in accordance with the original plans or specifications. The recovery included the future value of the decedent’s wages, benefits and household services, as well as a sum to compensate his heirs for the loss of his care, comfort and society.
SUV Rollover -- $2,900,000 Settlement
Our vehicle stability team negotiated a settlement in the amount of $2,900,000 against the makers of the Chevrolet Blazer for the surviving husband of a woman who was killed when her Blazer overturned in a single car Northern California accident. Our client’s wife was driving to work, when she inadvertently left the road surface, and in the process of correcting back onto the roadway, she overcorrected and her vehicle overturned. During the three rolls which followed, the roof collapsed and she sustained fatal head injuries. Our attorneys demonstrated that the vehicle, as designed, was not sufficiently stable to protect drivers who found themselves in foreseeable and expected emergency driving maneuvers. The settlement was paid both in cash and in annuities. Under the terms of the court approved annuities, the woman’s surviving son will be provided periodic payments to cover the cost of high school and college, and to provide security to him as a young adult.
Negligent Spine Surgery – $2,800,000 Brain Damage Settlement
Our medical negligence team negotiated a settlement having a present cash value of over $2,800,000 on behalf of a 44-year-old grocery store manager who suffered major brain damage following anterior cervical fusion surgery. Nine hours after the surgery had concluded, our client sustained a massive cardiac arrest and was discovered in a vegetative state by hospital personnel. Our attorneys demonstrated, using experts in the field of hospital administration and nursing, that the attending nurses had negligently failed to timely observe and report signs and symptoms consistent with a post-operative hematoma. Our medical liability team showed that the nurses assigned to the patient’s care were inexperienced and that as his vital signs deteriorated, they failed to bring these ominous changes to the attention of the attending physicians. Under the terms of the settlement, periodic payments were negotiated to provide for our client’s present and future attendant care needs. More than $1,000,000 was paid in a lump sum, from which various liens were satisfied.
Cross-Median Accident - $2,750,000 Settlement
Our automobile accident attorneys obtained a settlement in the amount of $2,750,000 on behalf of the surviving wife and children of a 39-year-old San Francisco businessman who died when his car was struck head-on by another vehicle that had catapulted over the center divider of northbound Highway 101. The accident occurred when a Jeep, traveling in the opposite direction, lost control and climbed up and over the median, striking our client’s husband. The settlement was contributed to both by the offending driver and the State of California. Our lawyers proved that the other driver was negligent, and that the median divider, as designed and built, was in violation of State of California design requirements.
High School Sports Injury – $2,750,000 Settlement
Our attorneys obtained a combination cash and annuity settlement on behalf of a Central Valley 13-year-old who suffered permanent paralysis as a result of unsupervised horseplay before football practice for his sophomore football team. In the course of roughhousing, one team member jumped on our injured client, severing his spine. The School District claimed that the fault for the incident rested with the child and his schoolmates. The settlement included a cash payment of $2,750,000, with the balance directed to multiple annuities providing for increased levels of support and assistance throughout the child’s life as his needs increased. Our attorneys demonstrated that the conduct of school officials in failing to properly supervise the children, during a school-sponsored activity, violated the California Education Code.
Boating Accident – $2,500,000 Settlement
Our attorneys obtained a cash and annuity settlement having a present value of more than $2,500,000 on behalf of a 25-year-old woman who suffered major neurologic injury in a boating collision on the waters of Lake Tahoe. While riding in a boat owned and operated by her boyfriend, without running lights, the craft was struck by another boat broadside. Significant dispute existed regarding the relative fault of the two vessel operators. Before the injury, our client had been an excellent athlete, engaging in competitive snow skiing, high school softball, and other sports. Following the collision, she was comatose for over three weeks. Thereafter, she was impaired in her activities of daily living. Our team utilized specialists in rehabilitation medicine and life care planning to forecast the cost of her future care. Under the negotiated settlement, our client received a 7-figure lump sum payment, and a schedule of payments over the next 20 years to provide for her ongoing attendant care and rehabilitative needs.
Dangerous Diabetes Drug - $2,500,000 Settlement
Our pharmaceutical injury lawyers successfully recovered $2,500,000 on behalf of a 63-year-old Sacramento woman who was prescribed a diabetes drug that resulted in liver failure and the need for a liver transplant. The drug had been approved by the FDA, but was later recalled. The drug maker initially claimed that the drug was safe. However, our attorneys were able to demonstrate that the manufacturer knew about problems with impaired liver function, but never adequately warned doctors or the public about this side effect, and limited any mention of possible liver damage to the “fine print” of its package insert. Because of the manufacturer’s failure to tell prescribing doctors about the problem, our client’s physicians were unaware that her liver failure was due to the drug – delaying an accurate diagnosis for almost six months, by which time her condition had become life-threatening.
Defective Hot Tub – $2,500,000 Wrongful Death Settlement
Our attorneys negotiated a settlement in the amount of $2,500,000 on behalf of the parents of a 4-year-old girl who was burned over 80% of her body while bathing in the family hot tub. Our attorneys demonstrated that the manufacturer of the hot tub had installed a defective thermostat, permitting the water to become unreasonably hot. The child survived for 61 days following the incident. The settlement was paid by the manufacturer of the hot tub. The settlement was paid in satisfaction of the parents’ wrongful death claim, as well as the mother’s emotional distress claim, as she was present when her daughter was scalded and sustained fatal injuries.
Failure to Recognize Neonatal Hypoglycemia – $2,250,000 Settlement
Walkup attorneys obtained a mediated settlement of $2,250,000 on behalf of a male infant who now suffers from blindness, developmental delay and cognitive deficits, and who also had his pancreas removed, after nursing staff failed to follow proper protocols when the infant showed signs of hypoglycemia. The infant was born weighing 10 pounds, 7-1/2 ounces, which should have triggered a nursing protocol requiring blood screening tests at one, two, four, six and eight hours of age. Any tests revealing low blood sugar levels required that a blood sample be drawn and sent for analysis. In this case, the infant’s six-hour test was conducted at seven hours of age, and came back showing low blood sugar. However, the protocol requiring that blood be drawn and sent to the lab was not followed. The infant’s parents were never told of the abnormal result or warned to look for signs of hypoglycemia. At 24 hours of age, the infant and his parents were discharged. On the second morning at home, his mother had a hard time rousing him, and he presented at Urgent Care lethargic, not nursing, and with purple feet. He then suffered several seizures and was admitted to the hospital. Tests revealed that he had nesidioblastosis, a disease of the pancreas, resulting in profound, unremitting hypoglycemia. An MRI revealed evidence of posterior cerebral artery infarction, consistent with the diagnosis of severe hypoglycemia. Ultimately, nearly all of the infant’s pancreas had to be removed. As a result of his cerebral injury, he was left blind, with developmental delay and cognitive deficiencies. Walkup attorneys retained experts to show that failure to follow the established nursing protocol led to failure to appropriately diagnose and treat the infant’s hypoglycemia, which led to the infant’s cerebral injuries. The settlement in this case was structured to pay monthly guaranteed payments, plus $732,000 to be paid into a trust on the infant’s behalf.
Big Rig Head-On - $2,000,000 Settlement
Our truck accident team negotiated a settlement in the amount of $2,000,000 on behalf of the surviving wife and two children of a 42-year-old man who died when his automobile was struck head-on by a semi-truck on State Route 65 outside of Lincoln, California. Our clients sought recovery for future and lost earnings as well as for the loss of love, comfort and society of their husband and father. As part of the settlement, our attorneys also worked with the worker’s compensation carrier for the decedent. The case was settled after being filed in Sacramento County Superior Court.
Pedestrian Struck by Light Rail Vehicle -- $2,000,000 Settlement
We obtained a cash and annuity settlement in the amount of $2,000,000 on behalf of 16-year-old girl who was struck by a San Francisco Municipal Railway LRV near Stonestown, on 19th Avenue, suffering amputation of her left lower leg below the knee. The child was crossing the street with the green light at the same time a southbound LRV “M-Line” train was passing through the intersection. Our lawyers demonstrated that the timing sequence of the various signal lights governing the direction of the train and the pedestrian walkway, gave both parties the green light at the same time, creating a recipe for disaster. The City claimed that the child was partially at fault for failing to see and appreciate the oncoming train. The case was resolved after two sessions of mediation with a retired Justice of the First District Court of Appeal.
Seat Belt Defect - $2,000,000 Settlement
Our product liability attorneys recovered $2,000,000 from a U.S. Automaker on behalf of a 15-year-old girl who was ejected from an SUV after her mother fell asleep at the wheel and caused the vehicle to roll. The child was ejected through the passenger side window even though she was properly seat belted at the time of the accident. Our attorneys, and experts retained by them, were able to demonstrate that the vehicle was defective in design because the seat belt system failed to perform as expected, and to restrain a front seat occupant, when the front seat was reclined. The automaker claimed that the minor child was not wearing her seat belt at the time of the accident, but experts retained by our attorneys were able to demonstrate, using photogrammetry and fiber analysis, that marking of the seat belt demonstrated it had been “loaded” by the body weight of the 15-year-old as she was ejected through the window, proving that the belt was in use at the of the collision.
Commercial Air Crash – $2,000,000 Wrongful Death Settlement
Our airline litigation team obtained a settlement in excess of $2,000,000 on behalf of the grandparents of a 7-year-old child who died on Alaska Airlines Flight #261 when the plane crashed en route from Puerto Vallarta, Mexico to San Francisco. Our aviation team, working in conjunction with attorneys for other plaintiffs in the case, was able to prove that Alaska did not take all necessary measures to perform required maintenance, overlooked signs of potential problems, and thereby assumed responsibility for the deaths, as modified by the terms of the Warsaw Convention. Our attorneys also claimed that the Alaska pilots failed to immediately seek permission to land when the crew first noted difficulty in operation of the aircraft, that Alaska failed to remove or repair the jack screw assembly of the tail as required by good and sound maintenance practices, and failed to provide necessary and appropriate training to the flight crew.
Construction Site Fall – $2,000,000 Settlement
Our construction litigation team obtained a cash and annuity settlement with a value in excess of $2,000,000 on behalf of the survivors of a sheet metal worker who fell four stories to his death through a defective scaffold railing at a construction site near San Francisco. The decedent was working as an independent contractor on a re-roofing project at a large private residence. Our attorneys demonstrated that the building, which had been entirely scaffolded by a subcontractor, was in an unsafe condition. Using experts in construction site management, scaffold erection, and forensic economics, our wrongful death attorneys proved that the scaffold and its cross-arms has not been properly secured and that it was this error which resulted in the decedent’s death. The recovery included economic damages exceeding $1,000,000, representing the loss of future salary, benefits and household services of the decedent.
Motorcycle Accident - $1,600,000 Settlement
Our attorneys represented a 26-year-old marine who was injured in a motorcycle accident in Southern California. He sustained significant head and spinal injuries when he was struck by a vehicle. The opposing driver claimed that the motorcyclist was speeding, and not positioned in the correct place on the roadway. We were able to reconstruct the accident in such a way as to demonstrate that the motorcyclist was fault-free.
Seat Back Failure - $1,500,000 Settlement
We represented a woman who was paralyzed in a high-speed rear-end collision. After being struck by a drunk driver, her driver’s side seat collapsed, causing a lumbar vertebra rupture and lower extremity paralysis. Our vehicle defect team, working in association with automobile design engineers and reconstruction engineers, were able to demonstrate that the driver’s side seat, as designed, could not withstand normal and expected forces that happen in rear-end collisions. The manufacturer claimed that the seat, as designed, complied with all government requirements and specifications. The settlement was negotiated two weeks before trial, and included repayment of past medical bills, reimbursement of future wage loss, and the establishment of annuities to offset the cost of future care.
Police Misconduct – $1,500,000 Settlement
Our wrongful death specialists negotiated a settlement in the amount of $1,500,000 against a local police department for the wrongful death of a bank executive who was mistakenly arrested for being drunk in public. In fact, the decedent had fallen and suffered from a subdural hematoma. Under the police department’s then-existing policy, “suspected drunks” were placed in holding cells until they sobered up. After the deceased could not be roused after five hours in a district station, medical personnel were summoned, but it was too late to permi his death from global brain damage. Our attorneys recovered pre-death medical specials of $300,000, plus an amount to compensate the surviving heirs for the decedent’s lost future earnings in his occupation as a bank vice president at a national financial institution.
Residential Fire – $1,500,000 Settlement
Our premises liability team represented the mother and father of a 23-year-old college student who needlessly and tragically died when the rented apartment in which he slept, owned by a Bay Area landlord, burned because the landlord negligently left a sofa over a floor furnace and failed to equip the home with functioning smoke detectors. Our attorneys proved that the landlord, who owned more than 60 properties, had failed to make required and proper inspections, and to make certain that smoke detectors were in working order. After the fire, our attorneys, through investigators, demonstrated that not a single operational smoke detector was present on the second floor of the dwelling unit where our clients’ son perished. The settlement, in the amount of $1,500,000, was paid by the insurance company for the property owner.
Failure to Supervise Resident – $900,000 Settlement
Our abuse and neglect attorneys obtained a settlement in the amount of $900,000 on behalf of a 79-year-old woman who was burned by scalding coffee at a Bay Area senior assisted care living center. Our client, who was having dinner in the facility dining room, was injured when a deranged co-resident poured coffee over her head, resulting in second and third degree burns, skin grafting and inpatient hospitalization. Our attorneys brought suit under the provisions of California Welfare & Institutions Code §15610.35, California’s Elder Abuse statute. The recovery, against the residential care facility, alleged that the owners and operators were negligent in their supervision of the residents, and had negligently failed to segregate dangerous residents, as well as those suffering from dementia, from the general population of the facility. The recovery included compensation for past medical expenses, pain and suffering, and the cost of future treatment for burn related cosmetic surgery.
Pedestrian v. Taxicab -- $735,000 Settlement
Our team achieved a $735,000 recovery on behalf of a 42-year-old woman struck by a DeSoto Taxi Cab while she was crossing The Embarcadero in a marked crosswalk in downtown San Francisco. Our attorneys hired accident reconstruction engineers who were able to prove that the cab was exceeding 50 miles per hour when it struck our client. The cab driver originally claimed that a “phantom” car ahead of it actually struck our client first, thereafter knocking her into the cab. The cab driver also claimed that the injured plaintiff was crossing against a red light. Our attorneys proved otherwise.
Slip & Fall – $500,000 Settlement
Our premises team successfully concluded an action against Mervyn’s Department Stores on behalf of a 47-year-old woman who slipped and fell at a Mervyn’s Store on a piece of discarded cardboard. The packaging, which had been negligently left on the floor in violation of store rules and guidelines, was the same color as the carpeting, and could not been seen by patrons shopping at the facility. Our premises liability team demonstrated that Mervyn’s personnel responsible for supervising the area, had violated store policy by not making routine and periodic inspections of the sales floor. The settlement, in the amount of $500,000, compensated our client for a herniated lumbar disc, and her resulting inability to continue in her occupation
Amusement Park Injury – $425,000 Shoulder Injury Settlement
Our team of attorneys negotiated a settlement in the amount of $425,000 on behalf of a high school student who was injured in the collapse of a water slide in Concord, California. The child was attending her senior class picnic at the facility when the slide broke. Out attorneys demonstrated that the manager of the water park was negligent in understaffing the park, and permitting teenagers to overload and “clog” the slide. The on-duty attendant was under-trained and inexperienced. Our client, who was an accomplished amateur tennis player, sustained a permanent injury to her shoulder when the slide collapsed. Her medical expenses totaled $50,000.
School Abuse – $250,000 Settlement
Walkup attorneys negotiated a cash and annuity settlement on behalf of a 9-year-old boy having a total cash value of $250,000. The child was physically and verbally abused by his teacher at school over a 6-month period. The mistreatment culminated in the teacher’s throwing the child across the room into a wall. Shortly thereafter, the teacher was terminated. The defendants included the daycare facility and the teacher. Our attorneys demonstrated that the facility had received numerous complaints from other parents regarding this very same teacher mistreating other children during the same period of time, and before our minor client was abused. Our child sustained significant emotional distress as a result of the teacher’s actions.
Falling Store Merchandise – $200,000 Settlement
Our premises liability team negotiated a settlement with a value in excess of $200,000 on behalf of a 3-year-old child who was seriously injured when a display fell on her at the defendant’s home center. The child was at the store shopping with her parents when the accident occurred. The managers of the store attempted to claim that the display collapse was the fault of the child, or the parents, for not supervising the youngster. Our team was able to successfully argue that in California, a child under the age of 5 is incapable of contributory fault. The display, which incorporated a door jam and was advertising the availability of replacement home doors, weighed over 100 lbs. The child’s injuries included severe lacerations which resulted in permanent scarring notwithstanding plastic surgery.
Defective Breast Implants – Multiple Settlements
Our product liability group represented a class of women whose silicone breast implants failed, leaking silicone and causing connective tissue diseases, autoimmune disorders, and lupus. The total amount of each client’s settlement differed depending upon the nature and extent of the woman’s disability, whether she required surgery, her age, the amount of her medical expenses, whether she was left with cosmetic disfigurement, and whether it was likely she would require future medical care. Our drug liability lawyers demonstrated that the makers of silicone breast implants (including Bristol-Myers-Squibb, Dow-Corning, McGhan Medical, and Surgi-Tech) knew or should have known that the plastic implant capsules were likely to break down, leak silicone gel, and that free silicone would move within the body with the potential of causing great harm.
Vioxx-Heart Attack Settlements
Our product liability team is currently in the midst of litigating with the makers of Vioxx, a osteoarthritis drug intended to relieve pain and suffering, but which, in fact, has caused great harm by virtue of the drug’s propensity to cause heart valve injury, heart attacks and strokes. Our cases are currently in litigation, with trial dates set in the future. Settlements in these cases have not as yet occurred.
L-Tryptophan – Multiple Million Dollar Settlements
Our product liability team represented 23 injured consumers who had taken the over the counter supplement L-Tryptophan. They developed a wide variety of problems, including elevated blood pressure, stroke and heart disease. Our drug products specialists negotiated settlements ranging from $100,000 to well over $1,000,000 on behalf of these clients.
Defective Knee Prosthesis – Multiple Settlements
Our medical device lawyers represented 13 residents of a single town who all experienced knee prosthesis failure. The national corporation which made the knee joints attempted to defend the claim on the basis that they were not defective, and that the cluster of failures was unrelated to any problem with design or material handling. Our attorneys hired experts to prove that the raw materials used in the joints had not been correctly sterilized, and as a result, the components were prone to deterioration, failure, and would require premature replacement. Our clients recovered the cost of the unnecessary surgeries, follow-up care, and general damages for pain and suffering. The settlement amount for each client varied depending upon the nature and extent of the disability, the age of the injured client, the amount of out-of-pocket expenses, and the extent and nature of probable future medical care.
Defective Heart Stent – Confidential Settlement
Our attorneys represented the surviving wife and children of a man who died after undergoing heart catheterization using a recently introduced stent. The stent (which is currently under investigation by the FDA) caused a massive blood clot, which in turn resulted in a fatal myocardial infarction. Our medical device team was able to find experts in the field who demonstrated that the manufacturer’s pre-market investigation and testing were inadequate, and that the instructions given to operating surgeons regarding the use of blood thinning medications in association with the device were not strong enough to adequately educate prescribing physicians.
Failure to Diagnose Cervical Cancer – Confidential Settlement
Our malpractice attorneys concluded a case on behalf of the two surviving daughters of a 35-year-old woman who died of cervical cancer. Our attorneys proved that both the woman’s primary care physician, and a laboratory which failed to follow up properly on biopsy slides, were responsible for the failure to diagnose and treat cancer in its early stages. Through the testimony of experts in pathology, our attorneys demonstrated that the pap smears were under-reported. Experts in cytology testified that the laboratory should have brought these abnormalities to the attention of the primary care physician. The settlement, which was in a confidential amount, included an initial cash payment and future installment payments to cover the surviving children’s educational and other maintenance expenses through age 23.
Failure to Diagnose Aneurysm – Confidential Settlement
Our malpractice attorneys negotiated a settlement in a confidential amount on behalf of a 46-year-old bank employee who suffered an intracerebral bleed, with resulting brain damage, as the result of an undiagnosed leaking aneurysm. Roughly two months before the catastrophic event, our client had awakened in the night with a persistent headache and sensed that she has lost vision in her right eye. She first consulted the defendant ophthalmologist who incorrectly diagnosed her with “optic neuritis.” After making three visits to her regular doctor, without having a correct diagnosis entered, our client was found semi-comatose in her apartment having sustained a major cerebral bleeding episode. The recovery included the cost of past medical expense, and the cost of future attendant care. Our attorneys, through the use of forensic economists, also recovered an amount equal to the value of our client’s major lost wages. Her general damage recovery was limited by California’s artificial malpractice damage “cap” of $250,000.
Failure to Diagnose Pelvic Fractures – Wrongful Death
Walkup medical liability attorneys represented the wife and adult child of a 48-year-old junior high school principal who died of complications from undiagnosed pelvic fractures after a fall. Our attorneys demonstrated that x-rays taken at the time of his initial treatment were misinterpreted, and that as a result, the deceased developed pulmonary emboli which ultimately resulted in a cardiac arrest. The defendant hospital and its physicians claimed that the original injuries from the fall were sufficient in and of themselves to produce death, and that the failure to correctly interpret the x-rays was not negligent. The amount of the settlement, confidential in nature, included the maximum available for general damages representing loss of care, comfort, society and love, as well as an amount equal to the present cash value of the decedent’s lost future wages, earnings, support and benefits.
Delayed Admittance to Hospital – Cerebral Palsy
The Walkup team obtained a mediated settlement on behalf of a child who suffered profound injuries when her mother’s uterus ruptured at the site of a previous myomectomy (surgery to remove a fibroid in the uterine wall). Two weeks prior to the baby’s emergent delivery, the child’s mother was hospitalized in pre-term labor at Kaiser San Francisco. After being medicated and released, she was advised to observe strict bed rest and communicate with Kaiser’s Pre-Term Birth Prevention Project. At 10:00 p.m. the evening before delivery, the parents called the maternity department to report painful contractions. Without determining the onset, frequency, characteristics or location of the pain suffered by the mother, an on-duty advice nurse advised the mother to take an additional dose of her anti-contraction medication and call if her condition worsened. Eight hours later, the mother awoke in severe pain. Her husband called 911. She was taken to a local hospital where the child was delivered by emergency C-section at 32 weeks gestation. Claimants contended that Kaiser’s employees were negligent in failing to order the mother to the hospital at the time of the phone call. The child was diagnosed with periventricular leukomalacia, and later developed infantile spasms and cerebral palsy. The settlement was composed of both an initial cash payment and guaranteed future annuity payments to offset the cost of future medical, therapy, laboratory and attendant care.
Uterine Rupture – Infant Death
Our medical malpractice lawyers resolved a birth injury case, in a confidential amount, on behalf of the parents of a 2-day-old infant who died after his mother’s uterus ruptured during labor. The mother was admitted to the hospital with contractions, but was sent home several hours later because the nurses felt she was not progressing. Once home, she began to experience severe abdominal pain. By the time doctors realized that the infant was outside the uterus in the abdominal cavity, an emergency Cesarean section was unsuccessful in delivering the baby before it suffered severe compromise. The child died two days later. Our attorneys demonstrated that the mother should never have been sent home from the hospital, and that had she been monitored properly, her impending uterine rupture would have been recognized, and a timely Cesarean section would have been performed. The claim of our clients sought damages for the wrongful death of their daughter as well as the mother’s personal injuries.
Failure to Monitor Bed Sores – Confidential Wrongful Death Settlement
Our elder abuse team successfully settled a wrongful death claim, on behalf of the son and daughter of a 79-year-old woman who passed away as a result of septic infection caused by undiagnosed and untreated bedsores. The settlement, in a confidential amount, was brought under California’s Elder Abuse statutes. It included recovery for the pre-death pain and suffering of the decedent, attorney’s fees, and other damages in order to properly compensate the heirs for what their mother had endured. Our attorneys, working with specialists in the field of senior-nursing, demonstrated that proper and prudent observation of the decedent’s worsening condition would have resulted in a timely diagnosis, hospitalization at an inpatient facility, and a cure of her overwhelming infection before it became untreatable and fatal.
Failure to Diagnose Bedsores – Amputation
Our nursing abuse team represented a 69-year-old retired serviceman who experienced amputation of his right leg when his nursing home caregivers failed to notify his physicians of multiple, worsening, bedsores. Our client complained to hospital and staff personnel of the problem, but the responsible manager of the facility failed to notify his primary care physician in a prompt manner of his worsening condition. Our attorneys demonstrated that the nursing home LVN staff was improperly trained, and ill-equipped, to deal with patients manifesting bedsores. The recovery included compensation for all elements of harm permitted by the California Elder Abuse statutory framework.
Falling Rebar – Permanent Back Injury
Our construction litigation team obtained a settlement in a confidential amount on behalf of a 25-year-old scaffold erector who was injured during the construction of a multiplex movie theatre in the San Francisco Bay Area. While working the fifth story of an eight story building, next to an unfinished elevator shaft, our client was struck by a 12 foot length of rebar which had been dropped by employees working for a different subcontractor. The metal rods struck our client in the neck, resulting in multiple ruptured discs. Utilizing experts in the field of construction site management, orthopedic surgery and rehabilitation, our construction site team demonstrated that our client could no longer work in manual labor, or as a scaffold erector. Suit was brought against the company which employed the laborers who dropped the length of steel. The settlement included full compensation for all lost wages, past and future, reimbursement of past medical expenses, an amount to compensate our client of pain and suffering, as well as a fund to offset the cost of any needed future treatment or surgery. The settlement also included resolution of an outstanding claim for worker’s compensation benefits which was asserted by our client’s employers.
Defective Restaurant Chair – Back Injury
Our premises team obtained a settlement exceeding $125,000 on behalf of a 36-year-old woman injured at a Lyon’s Restaurant when the seat she was sitting on failed, causing her to spill forward onto the floor. As a result of the fall, our client developed chronic back pain which was ultimately diagnosed as a herniated disc. The herniation was treated with minimally invasive surgery. The defendant restaurant claimed, originally, that the accident had never occurred since it had not been reported. After extensive investigation, our team was able to identify a former waitress who confirmed that the bench from which our client fell had been broken for an extended period of time before the injury. Our client’s medical bills exceeded $12,000.
