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Verdicts And Settlements

Success Stories With Unparalleled Results

Wrongful Death – Tinnin v. Western States Propane Product Liability – $52 Million Jury Verdict

Virus Outbreak – Verderber v. Hilton Hotels Class Action/Negligence – $25.2 Million Jury Verdict

Birth Injury – Child v. Minnesota Family – $23.2 Million Jury Verdict

Walkup’s senior partner, Michael A. Kelly, obtained a $23,200,000 jury verdict on Feb. 9, 2010, in Kandiyohi County, Minnesota, in a case involving cerebral palsy, quadriplegia and cognitive impairment in a 2½-year-old child whose family doctor failed to appreciate the warning signs of fetal distress during her birth in June 2007. As a result, a timely cesarean section was not performed. The child was deprived of oxygen for 28 minutes before an emergency C–section could be completed. Hypoxic ischemic encephalopathy resulted, and the child now has multiple health problems, including a permanent tracheotomy, g–tube, spastic cerebral palsy, cortical impairment and seizures. The jury award included $1.7 million for past health care expenses, $10 million for future health care expenses, $10 million for past and future pain, disability and emotional distress, and $1.5 million for loss of earning capacity. Unlike California’s anti–consumer Medical lnjury Compensation Reform Act (MICRA) laws, the governing law of Minnesota (like most states) does not restrict a patient’s right to be made whole for harms and injuries caused by health care professionals.

Brain Injury – Bicycle v. Automobile — $17 Million 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 view 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.

Brain Injury – Goodloe v. Bell Sports Inc. Product Liability/ Negligence – $17 Million Jury Verdict

Personal Injury – Cyclist v. Forest Products Distributor Big Rig Negligence – $15 Million Settlement

Brain Injury – Car v. Pedestrian Accident — $12.2 Jury Verdict

Our attorneys obtained a jury verdict in excess of $12 million on behalf of Emily Liou, a 17–year–old girl who was injured as the result of a pedestrian accident in San Mateo County. In the 2006 crash, Ms. Liou was struck by a slow–moving vehicle while walking across a dark marked crosswalk. As a result of this collision, she sustained a catastrophic brain injury that has left her in a permanent vegetative state.

Defective Industrial Aerial Lift — Wrongful Death — $10 Million 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 use 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.

More Recent Verdicts and Settlements:

  • Consumer Protection – Snow v. Lenscrafters Class Action – $20 Million Settlement
  • Brain Injury – Goodloe v. Bell Sports Inc. Product Liability/ Negligence – $17 Million Jury Verdict
  • Personal Injury – Cyclist v. Forest Products Distributor Big Rig Negligence – $15 Million Settlement
  • Wrongful Death – Estate of H v. United Rentals Industrial Machine Failure – $10 Million Settlement
  • Personal Injury – Bicyclist v. Alameda County Defective Roadway $9.5 Million Settlement
  • Personal Injury – Gunn v. Seeno Toxic Contamination – $9.5 Million Jury Verdict
  • Medical Malpractice – Dahl v. Stone, M.D. Medical Malpractice – $9,420,840 Jury Verdict
  • Birth Injury – Twins v. Fertility Center Negligence – $9 Million Settlement
  • Brain Injury – Perry v. Budget Rent A Car Automobile Accident – $8.875 Million Jury Verdict
  • Personal Injury – Siblings v. Religious Institution Sexual Abuse – $8 Million Settlement
  • Car Accident – Loraine Wong, Mark Ng, and Kendall Ng v. Richard Tom – $7.36 Million Verdict
  • Burn Injury – Henry v. PG&E Utility Pole Explosion – $7 Million Settlement
  • Wrongful Death – Heirs v. Hertz Automobile Collision – $6.5 Million Settlement
  • Personal Injury – Minor v. Valley HMO Negligent Neurosurgery – $6.25 Settlement
  • Brain Injury – Laborer v. Realty Management Associates Construction Accident – $6 Million Settlement
  • Wrongful Death – Johnston v. American Honda Motor Corp. Automobile Product Liability – $5.769 Million Jury Verdict
  • Birth Injury – Infant v. Regional Medical Center Birth Injury – $5.762 Million Settlement
  • Wrongful Death – Family of N. v. Motor Home Manufacturer Product Defect – $5.5 Million Settlement
  • Medical Malpractice – Physician v. Hospital Failure to Diagnosis Abscess – $5.5 Million Settlement
  • Birth Injury – Lin v. HMO Medical Malpractice – $5,380,775 Settlement
  • Wrongful Death – Family v. Motor Home Retailer Mismatched Car and Trailer – $5.25 Million Settlement
  • Medical Malpractice – Patient v. Medical Device Manufacturer Dangerous Surgical Device – $5.125 Million Settlement
  • Wrongful Death – Wife v. University Medical Center Anesthetic Error – $5 Million Settlement
  • Birth Injury – Child v. Doctor Failure to Recognize Fetal Distress (Hypoxic Ischemic Encephalopathy) – $5 Million Settlement
  • Birth Injury – Ramirez v. Anonymous Health Plan Medical Malpractice (Cerebral Palsy)- $5 Million Settlement
  • Brain Injury – Laborer v. Wine Center Auto Accident – $4.75 Million Settlement
  • Brain Injury – Driver v. Driver Vehicle Negligence – $4.6 Million Settlement
  • Brain Injury – Construction Worker v. Japanese Corporation Defective Industrial Metal Forming Machine – $4.5 Million Settlement
  • Personal Injury – Passenger v. Elevator Service Co. Defective Elevator – $4.5 Million Settlement
  • Brain Injury – Minor v. County of Kern Dangerous Highway – $4.5 Million Settlement
  • Personal Injury – Student v. Central Unified School District Inadequate School Supervision – $4.5 Million Settlement
  • Brain Injury – Toddler v. Hospital Pediatric Malpractice – $4.45 Million Settlement
  • Personal Injury – Anderson v. Ford Motor Co. Automobile Product Liability – $4.2 Million Settlement
  • Birth Injury – Newborn v. Kaiser Foundation Health Plan Medical Malpractice – $4.1 Million Arbitration Award
  • Personal Injury – McGarva v. Hyster Construction Accident – $4.25 Million Arbitration Award
  • Brain Injury – Pedestrian v. Driver Car Accident – $4.05 Million Settlement
  • Brain Injury – Mihai v. Japanese Manufacturer Product Liability – $4.025 Million Settlement
  • Brain Injury – Child v. Cardiologist Failure to Diagnose Cardiomyopathy – $4 Million Settlement
  • Brain Injury – Pedestrian v. Silicon Valley Corporation Automobile Accident – $4 Million Settlement
  • Personal Injury – Villanueva v. USA Government Liability – $4 Million Settlement
  • Personal Injury – Student v. School District On Campus Sexual Assault – $3.9 Million Settlement
  • Personal Injury – Ford v. Polaris Product Liability/Design Defect – $3,759,524 Jury Verdict
  • Medical Malpractice – Homemaker v. Stroke Center Delayed Diagnosis – $3.75 Million Settlement
  • Brain Injury – Child v. HMO Pediatric Malpractice – $3.5 Million Settlement
  • Personal Injury – Residential Renter v. Alameda Landlord Building Owner Negligence – $3.5 Million Settlement
  • Medical Malpractice – Jastrab v. Ling Medical Malpractice – $3,412,000 Jury Verdict
  • Wrongful Death – Family v. Airline Aviation Crash – $3.3 Million Settlement
  • Brain Injury – Pedestrian v. CCSF Muni Railway Negligence – $3.25 Million Settlement
  • Wrongful Death – Developer v. Hospital Corporation – Cardiac Malpractice – $3.25 Million Settlement
  • Birth Injury – Parents v. Sonoma County Group Obstetrical Negligence – $3.25 Million Settlement
  • Wrongful Death – Scannel v. Bell Helicopter Helicopter Crash – $3.2 Million Settlement
  • Brain Injury – Patient v. Doctor Failure to Diagnose – $3.2 Million Settlement
  • Medical Malpractice – Patient v. Hospital Medical Malpractice – $3.1 Million Settlement
  • Car Accident – Richard M. v. Domestic Automaker Defective Seat Belt Design – $3.1 Million Settlement
  • Medical Malpractice – Ethier v. Poindexter Medical Negligence – $3.036 Million Jury Verdict
  • Wrongful Death – Family v. Doctor Failure to Diagnose Skull Fracture – $3.035 Million Jury Verdict
  • Personal Injury – Citizen v. California CalTrans Negligence – $3.049 Million Settlement
  • Birth Injury – Baby Anthony v. Pediatrician Hospital Negligence – $3 Million Settlement
  • Personal Injury – Perez v. CCSF Muni Railway Negligence – $3 Million Settlement
  • Wrongful Death – Patient v. Hospital Failure to Diagnose Skull Fracture – $3 Million Jury Verdict
  • Product Liability – Family of Missionary v. Plane Manufacturer Defective Plane Component – $3 Million Settlement
  • Car Accident Truck Driver v. Municipality Vehicle Collision/Highway Defects – $3 Million Settlement
  • Brain Injury – Senior v. Salinas Monterey Transit Bus Driver Negligence – $3 Million Settlement
  • Personal Injury – Thornburgh v. City of Auburn Dangerous Condition of Property – $3 Million Settlement
  • Car Accident – Driver v. Chevrolet SUV Rollover/Defective Design – $2.9 Million Settlement
  • Brain Ijury – Patient v. Community Hospital Medical Malpractice – $2.9 Million Settlement
  • Brain Injury – Papillon v. State of California Dangerous Highway – $2.835 Million Settlement
  • Brain Injury – Patient v. Doctor Negligent Spine Surgery – $2.8 Million Settlement
  • Car Accident – Driver v. Driver and State of California Negligence and Defective Highway Design – $2.75 Million Settlement
  • Personal Injury – Student v. School District Improper Supervision – $2.75 Million Settlement
  • Personal Injury – Woman v. Boating Drivers Boating Accident – $2.5 Million Settlement
  • Product Liability – Patient v. Drug Manufacturer Defective Drug – $2.5 Million Settlement
  • Product Liability – Parents of Child v. Hot Tub Manufacturer Defective Hot Tub – $2.5 Million Settlement
  • Wrongful Death – Passenger v. National Airport Shuttle Vehicular Negligence – $2.5 Million Settlement
  • Birth Injury – Infant v. Hospital Medical Negligence – $2.25 Million Settlement
  • Wrongful Death – Parents v. Municipality Drowning – $ 2.25 Million Settlement
  • Wrongful Death – Family v. Trucking Company Truck Accident – $2 Million Settlement
  • Personal Injury – Pedestrian v. City of San Francisco Light Rail – $2 Million Settlement
  • Personal Injury – Pedestrian v. City of San Francisco Streetcar Accident – $2 Million Settlement
  • Product Liability – Girl v. U.S. Automaker Seat Belt Defect – $2 Million Settlement
  • Wrongful Death – Grandparents v. Alaska Airlines Commercial Air Crash – $2 Million Settlement
  • Wrongful Death – Family of Construction Worker v. Building Owner Construction Site Fall – $2 Million Settlement

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We Get Results. Through the years we have recovered more than one billion dollars on behalf of clients injured through the wrongful conduct of others. We have prevailed and recovered money for clients injured in a multitude of circumstances. See our areas of specialty.

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