Catastrophic Injuries

CALIFORNIA AND NEVADA CATASTROPHIC INJURY ATTORNEYS

Catastrophic injury claims require attorneys with the experience and financial resources to take a case through trial if necessary. At Walkup, our catastrophic injury attorneys have over 40 years of experience. Destruction of interpersonal relationships, loss of employment, loss of self-esteem, loss of enjoyment of life, and a client’s ability to complete routine tasks, are just a few examples of how serious and catastrophic injuries can change a person’s life. We understand how devastating such injuries can be, and we work with physicians specializing in rehabilitation medicine, as well as life care planning specialists and economists, to make sure that our clients’ needs are properly assessed and compensated.

Personal injury claims involving serious and catastrophic injuries also involve complex medical evidence and substantial money damages. Catastrophic injuries change a client’s life forever and often require long term medical attention and treatment. The costs associated with treatment of catastrophic injuries can be overwhelming and will exhaust most insurance coverage. If you are suffering from a catastrophic injury or your loved one suffers from a catastrophic injury, you need a catastrophic injury attorney to help you secure the financial resources necessary to deal with the injury. We can help.

Our catastrophic injury attorneys represent clients suffering from brain damage, spinal cord injury, paralysis, amputations and other life-altering injuries sustained in auto, truck, and motorcycle accidents, from falls, due to defective products, and as a result of medical malpractice. We represent clients suffering from a wide range of catastrophic injuries, including claims involving:

• Brain Damages
• Spinal Cord Injuries
• Neck injuries
• Head Trauma
• Amputation
• Paralysis
• Disfigurement
• Severe Burns

EXAMPLES OF OUR SUCCESS

Anoxic Encephalopathy – $5,000,000 Present Value Settlement
Our traumatic brain injury attorneys obtained a cash and annuity settlement having a present cash value of more than $5,000,000 on behalf of a 6-year-old girl who sustained irreparable brain damage during her birth process. The defendant in the case was a national health maintenance organization. The obstetricians employed by the health maintenance organization failed to correctly analyze or diagnose signs of fetal distress as shown on fetal monitoring tapes Our brain injury attorneys hired experts in obstetrics and perinatology to testify that a timely cesarean section, occurring 45 minutes or more before the actual birth, would have prevented the child from sustaining anoxic brain damage (brain cell death due to lack of oxygen). Attorneys for the defendant health care provider attempted to prove that the child’s brain injuries were not the result of oxygen deprivation during the labor process, but rather were the result of an infection, which the mother experienced one month before her delivery. When combined with available benefits provided by private insurance and government programs, the guaranteed future monthly and annual payments to be made under the settlement should assure that the his medical and special needs will be met regardless of his life expectancy.

Surgical Delay Resulting In Paralysis - $9,480,820 Jury Verdict
In Dahl v. Stone M.D. our spinal injury trial team obtained a jury verdict in the amount of $9,480,820 on behalf of 29-year-old Sonoma County cement worker who suffered permanent paraplegia as the result of an untreated spinal epidural abscess. Defendant Dr. Stone had been treating the plaintiff for skin infections for approximately two months when he began to develop unremitting pain in his back. He went to see his primary care the primary care doctor suspected that he had an epidural abscess, a condition that could potentially cause permanent paralysis. But the doctor never ordered the appropriate diagnostic tests. Instead, he sent the patient home with a prescription for pain medication and instructions to proceed to the Emergency Room, if his pain worsened or he developed neurologic symptoms. Several hours later, our client’s pain worsened. His mother drove him to a rural emergency room. Unbeknownst to them, this hospital did not have neurosurgeons on-call. The E.R. doctor failed to treat the progressing epidural abscess, and the following morning, the patient was paralyzed. Our lawyers settled with the E.R. physician and the rural hospital, and trial proceeded solely against the Defendant family practice doctor who missed the diagnosis. He claimed at trial that although he did not record it in his charting, he really did instruct our client to go to the emergency room immediately, but he refused. After 14 days of trial and 2.5 days of deliberation, the jury awarded $5,630,820 for future medical care, attendant care, and wage loss; and $3,850,000 for past and future general damages.

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 Arbitration 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.   

Defective Medical Device – $5,100,000 Paralysis Settlement

Our catastrophic injury team obtained a settlement in the amount of $5,100,000 on behalf of a 54-year-old woman who suffered major complications after undergoing treatment for esophageal reflux disease. During the procedure, a newly designed surgical instrument malfunctioned. After the surgery, our client developed massive sepsis, heterotropic ossification, and paralysis. As a result of the sepsis she also suffered major organ failure, coma and was left in chronic pain. She ultimately lost normal function in her ankles, knees, hips, shoulders and elbows. Although the device was claimed to comply with all FDA regulations, our attorneys demonstrated that the design of the surgical tool was defective. The recovery included compensation for medical bills, past and future, as well as lost wages and damages for pain and suffering.

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.

Birth Trauma – $4,100,000 Arbitration Award

GOVERNMENT LIABILITY -- QUADRIPLEGIA

Our government liability team obtained a settlement in the amount of $9,500,000 on behalf of a 32-year-old bicyclist who was traveling through a rural area, when the front wheel of his bike lodged in a sewer grate that was missing two crossbars. As designed, the drains were to be covered by “bicycle proof grates.” This particular grate had been manufactured so that an unprotected slot existed on its outside edge. Our liability team was able to demonstrate the hazard created by this defect. The defendant, a government entity, attempted to shield itself from liability through immunities provided by the California Government Code. Our attorneys demonstrated the inapplicability of such immunities by discovering correspondence from citizens, received by the County in previous years, identifying the problem and requesting that the County remedy the situation – which the entity never did.

The settlement, one of the largest ever achieved against a local public entity included compensation for lost earning capacity, wages and benefits, as well as providing necessary funds for assistance in activities of daily living and attendant care. In addition to making payments consistent with the settlement agreement, the defendant County also agreed to increase its bicycle safety program and to inspect and repair all of the grates within its geographic limits.

UNSUPERVISED HIGH SCHOOL ROUGHHOUSING – PARAPLEGIC

We represented a 14-year-old sophomore at a Central Valley high school who suffered permanent paralysis as a result of unsupervised horseplay when he and fellow members of his sophomore football team were left unsupervised prior to practice. The settlement, having a present cash value of $4,500,000 was paid on behalf of the school district for the negligence of coaches and teachers charged with the responsibility for supervision. Our client was injured when one member of the team jumped on him, severing his spine. The school district claimed that the fault of the incident rested with the injured child and his schoolmates. While our attorneys acknowledged that some fault might be apportioned to the children, under California law, the schools have had a non-delegable duty to supervise their students at all times while on the campus for school-related activities. The defendant school district also attempted to argue that its coaches were not responsible for supervision of the team off of the field and that the room in which the children were roughhousing had not been opened by a coach or other school employee. Under the terms of the settlement, $2,750,000 was paid in cash, and the balance was directed to fund multiple annuities providing for increased levels of support and attendant care throughout the child’s life.

DEFECTIVE SEATBELT DESIGN -- PARALYSIS

Walkup product liability lawyers obtained a combination cash and annuity settlement having a present cash value of $2,600,000 against a major domestic auto manufacturer for paralyzing injuries sustained by a 14-year-old boy. Our client, who was properly seat-belted in the rear, outside seat of his mother’s station wagon, suffered a fractured spine, and spinal cord transsection, when his mother was involved in a modest speed collision with another vehicle. Although both front seat positions were equipped with 3-point restraints, all back seat passengers in this late model sedan were provided with lap-only belts. Our client, who was properly wearing the belt which had been provided, would not have sustained paralyzing injury had he been provided with a 3-point restraint. Without this shoulder belt component of the restraint he moved forcefully forward while the belt rode up off of his hips, into his abdomen, and dislocated his spine. The settlement negotiated by our attorneys with the automaker included cash payments for housing modification, past pain and suffering and past medical bills, as well as future guaranteed annuity payments to cover the cost of rehabilitative needs, attendant care and future medical bills.

PLEASURE BOAT ACCIDENT – PARAPLEGIA

Walkup attorneys achieved a settlement in the amount of $2,500,000 on behalf of a 25-year-old woman who suffered neurologic injury, and partial paralysis, in a boat collision on the waters of Lake Tahoe. The plaintiff was riding in boat owned and operated by her boyfriend when it collided with another boat, broadside. Both operators disputed whether the other’s running lights were on. Closing speed of the vessels was estimated at 40 miles an hour. Our attorneys were able to demonstrate that both vessel owners were at fault, regardless of who did, or did not, have their lights on. Both had been drinking prior to the collision.

Prior to the accident our client had been an excellent athlete, engaging in competitive snow skiing, softball, and other sports. Afterwards, she was comatose for three weeks, and was left partially paralyzed, unable to fully perform activities of daily living. Our attorneys were able to recover the maximum available insurance policy limits of the involved boat drivers. Under the terms of the settlement, our client received a 7-figure lump sum payment, and guaranteed payments over the next 20 years, to provide for ongoing attendant care and rehabilitative needs.

FAILURE TO DIAGNOSE TETHERED CORD SYNDROME – PARAPLEGIA

Our medical negligence team obtained a settlement in a confidential amount on behalf of a 32-year-old school teacher who was born with L4 level spina bifida. Through hard work and determination, our client was able to be independent in all activities of daily living, including walking using special crutches. She developed signs and symptoms of tethered cord syndrome (a known and treatable complication of spina bifida) and repeatedly complained to her doctors of a loss of feeling and sensation in her legs. Her doctors ignored her complaints. She ultimately went on to lose all function in her lower extremities. Our medical liability team was able to demonstrate that her doctors breached the standard of care in failing to diagnose and timely perform surgery upon her. The settlement negotiated on her behalf included payment now, and in the future, for attendant care and lost earnings, as well as the maximum amount available under California law ($250,000) for general damages.

BICYCLE ACCIDENT – PARTIAL PARALYSIS

Our attorneys negotiated a 7-figure settlement in a confidential amount on behalf of a 12-year-old boy who fell from his bicycle during a school outing, striking his head on the pavement. The child, who was on vacation with a school tour group, had rented a bicycle at San Francisco’s Fisherman’s Wharf, but had not been provided a helmet as required by law. When he fell, he sustained a left cerebral hemorrhage, resulting in right-sided paralysis. The settlement negotiated on his behalf included payment for past and future medical bills, as well as the costs associated with special schooling and rehabilitative care.

Contact Walkup, Melodia, Kelly & Schoenberger for a FREE CONSULTATION to discuss your spinal cord injury claim with an experienced California spinal cord injury lawyer.

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.

Contact Walkup, Melodia, Kelly & Schoenberger for a FREE CONSULTATION with an experienced catastrophic injury lawyer.