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Recent Verdicts and Settlements
I. Class Actions/Mass Tort Litigation
Harold S. Bechert, et al. v. Telectronics Pacing Systems, Inc.
Weisman, Goldberg & Weisman Co., L.P.A. was trial counsel for this class action which involved a defective pacemaker lead. A
pacemaker lead is a wire which goes from the patient’s pacemaker to the heart muscle, delivering electrical stimulation to the patient’s heart. Telectronics produced a lead that would fracture and cause damage to the heart muscle. Failure to remove the defective lead could result in death or serious injury.
Summary Jury Trial Verdict: $268 Million.
Settlement: $95 Million. [MORE]
The following cases were prosecuted under the theory that the corporate defendant fraudulently failed to disclose to the investing public significant information that adversely affected the value of their stock. As a result, investors purchased its stock at a price higher than its true value.
In re: Diet Drug Litigation MDL 1203
The highly-publicized diet pill litigation culminated into one of the largest drug product liability class action suits in history. Ultimately, American Home Products agreed to pay $4.9 billion in a nationwide settlement to compensate individuals who had been injured after ingesting the diets pills Pondimin and
Redux. Weisman, Goldberg & Weisman was asked to be involved from the inception of this litigation, reviewing over 9 million pages of documents and actively involved in taking depositions, preparation of key documents and subsequently playing a key role in negotiating the class action settlement with the defendant. Weisman, Goldberg also served as national class counsel for those individuals who had developed the worst injuries as a result of these diet pills – valvular heart disease. Tens of thousands of individuals are now being paid out of the settlement as a result of the work by Weisman, Goldberg & Weisman and a number of other law firms from around the country in bringing this case to a successful resolution.
In re: Valley Systems Securities Litigation, 5:92 CV 2124
United States District Court, Northern District of Ohio, Eastern Division (Akron)
Resolved for newly issued common stock of Valley Systems valued at $2,700,000.00. Warrants to purchase 60,000 shares of Valley common stock and cash in the amount of $1,850,000.00.
In re: Meadowbrook Rehabilitation Corporation Securities Litigation,
C-93-0561-CAL
United States District Court, Northern District of California (San Francisco)
Resolved for $ 2,875,000.00
In re: Figgie International, Inc. Securities Litigation, 1:94 CV 0982
United States District Court, Northern District of Ohio, Eastern Division (Cleveland). Resolved for $ 7,500,000.00
James Wojtkiewicz v. Blue Cross and Blue Shield Mutual of Ohio, No. 254993
Cuyahoga County, Ohio, Court of Common Pleas
Case brought against Blue Cross Blue Shield based upon their policy of health insurance involving all policyholders in the State of Ohio. The case was successfully resolved for $1,280,204.00 on the theory that Blue Cross had violated the plain language of their insurance policy as it related to providers.
In RE: L-Triptophan
Weisman, Goldberg & Weisman Co., L.P.A. represented over 50 Ohioans in a lawsuit brought against a Japanese manufacturer of a dietary supplement called L-Tryptophan. The Japanese firm of Showa Denko K.K. produced L-Tryptophan that contained a contaminant which caused a blood disorder called Eosynofelia Myalgia Syndrome (EMS). EMS could be disabling and even cause death.
Settlement Ranges from $2 Million to $100,000.
In Re: Orthopedic Bone Screw Products Liability Litigation, MDL 1014
Weisman, Goldberg & Weisman participated as plaintiffs’ counsel in the back plate and pedicle screw litigation. A class action settlement was reached with the Acromed Corporation, a manufacturer of titanium plates and screws used to correct spinal deformities and abnormalities.
Settlement: $100 Million.
In Re: Silicone Gel Breast Implant Products Liability Litigation, MDL 926
United District Court, Northern District of Alabama, Northern Division
Weisman, Goldberg & Weisman served on the Settlement Advisory Committee and was state liaison counsel for the State of Ohio in the breast implant litigation. Members of the firm sat first chair for depositions of employees from Dow Corning, Koken Manufacturing and Porex (all manufacturers of silicone gel breast implants). The firm represented more than 700 individuals.
II. Medical Malpractice
Rachel Ramos v. Marymount Hospital, et al.
Plaintiff, Rachel Ramos, suffered from permanent and irreversible brain damage at birth as a result of obstetrical malpractice. Allegations included failure to appropriately interpret the fetal monitoring strips and timely deliver the baby.
Verdict: $7.9 Million ($3.1 of which was awarded for prejudgment interest)
($3.1 Million Prejudgment Interest Award also granted.)
Jane Doe (Minor) v. John Doe, M.D.
Plaintiff was born with neurofibromatosis, a degenerative neurological disease, which causes severe hypertension and progressive loss of heart function. At age 7, she underwent surgery to remove her tonsils and adenoids. Preoperatively, there was a failure to investigate the extent of her heart dysfunction. Plaintiff went into respiratory arrest during surgery, which resulted in anoxic brain damage.
Settlement: $6.8 Million.
Victoria Stelma, et al. v. Dr. Juguilon
A 42-year old woman received a spinal cord injury resulting in quadriplegia during a cerebral arteriography procedure. Plaintiff maintained that the procedure was an unnecessary invasion and an undue risk given her physical symptoms and complaints.
Verdict: $8 Million (Settlement after appeals in excess of $10 Million.)
Russell Rummer, dec’d v. Kaiser Hospitals, et al.
Plaintiff’s estate alleged that defendant Kaiser physicians failed to timely diagnose and treat thrombocytopenia purpura
(TTP). TTP is a blood disorder which, if goes undiscovered and untreated, is fatal. Defendant physicians’ failure to diagnose and treat TTP in this case cost the life of a 45-year old man and father of two children.
Verdict: $2.5 Million.
John Doe, etc., et al. v. John Doe, et al.
Plaintiff suffered irreversible brain damage, after Defendant failed to properly monitor the child after a shunt was placed.
Settlement: $5 Million.
Eric Hawkins, etc., et al. v. Bedford Municipal Hospital, et al.
In this case, a delivering mother was given anesthesia that relaxed her muscles at a time when she needed to be pushing. As a result, the baby retreated into her birth canal, receiving inadequate oxygen and becoming severely brain damaged.
Verdict: $8.5 Million.
Maria Galvez, et al. v. Thomas F. McCafferty Health Center, et al.
Obstetrical malpractice wrongful death lawsuit. Guadalupe Martinez became pregnant in late 1997 and began receiving prenatal care at Thomas F. McCafferty Medical Center, a division of MetroHealth Medical Center. The pregnancy proceeded normally until July 20, 1998 when the decedent began to demonstrate rising blood pressure, excessive weight gain and swelling. All of these signs indicate
pre-eclampsia. By August 19, 1998, her blood pressure had increased significantly, and she began to experience head and abdominal pain. Massive intracranial bleeding developed which ultimately caused her death.
Verdict: $2.75 Million.
William Trawatha, dec’d v. Meridia Hillcrest Hospital, et al.
Plaintiff, a 57-year old man, underwent coronary bypass surgery at Meridia Hillcrest Hospital. The
profusionist, who is responsible for the circulation of blood through the bypass machine, failed to detect that the blood was not being oxygenated. Mr. Trawatha sustained severe brain damage and died two weeks after the otherwise successful surgery. The case settled in 1999 for One Million Dollars, which was the maximum amount of coverage carried by the profusion group.
Settlement: $1 Million
III. Products Liability
John Doe v. ABC Trucking Company, et al.
In the course of his employment as a crew foreman with ABC Construction Company, plaintiff was injured when the swing gate on a dump truck broke loose from the side of the truck, due to a defective weld on the gate chain. The gate struck the front of plaintiff’s head, causing severe head trauma and a broken neck.
Settlement: $1,350,000.
Matz v. XYZ Crib Company
Baby William Matz, 6 months old, was strangled and died in his crib when his head became lodged between the mattress and the side rail. The defective crib design allowed the side rail to separate from the bed when a screw loosened and fell out.
Verdict: $1 Million.
IV. Automobile Injury and Death Claims
John White, Administrator, et al. v. Consolidated Rail Corporated
Weisman, Goldberg & Weisman represented the families of Joshua White and Ryan Moore, who were killed in a tragic train/automobile collision at a railroad crossing in Stark County, Ohio. It was maintained at trial that the crossing in question was dangerous and gates and lights should be installed in order to adequately protect drivers who would travel over the crossing.
Jury Verdict: $10,030,000.
John Doe, Administrator, et al. v. John Doe
Weisman, Goldberg & Weisman represented a young man who tragically lost his life in an automobile collision, during his first year of college at The University of Colorado-Boulder. He was also a graduate of St. Ignatius High School.
Binding Arbitration Award: $1.25 Million.
John Doe v. City of Beachwood
The plaintiff was a passenger in a motor vehicle, which was violently hit by a police car, pursuing another vehicle attempting to elude the police. It was maintained at trial that the defendant police officers acted recklessly and were grossly negligent in their judgment, pursuing a vehicle through a busy intersection. The resultant collision left the plaintiff a quadriplegic at a young age.
Settlement: $2.65 Million.
Brown v. Consolidated Rail
Weisman, Goldberg & Weisman represented Brian Kirby, the driver of a vehicle passing through a railroad crossing in Vermilion, Ohio. After passing one set of railroad tracks and proceeding onto a second set of tracks, Mr. Kirby’s vehicle was violently struck by a 60-mile per hour westbound Conrail train. It was maintained at trial that the defendant railroad company knew or reasonably should have known that a second train was going to be passing through the crossing and defendant should have taken extra steps to protect the traffic upon the roadway at that time. Brian Kirby suffered a ruptured spleen, which required removal, and has fully recovered from the injuries sustained in that collision.
Verdict: $1.6 Million (including $1 Million of punitive damages).
John Doe v. John Doe
This case involves an intoxicated driver who went left of center and caused a head-on collision resulting in the death of our client. Defendant had limited coverage; however, was able to make a substantial contribution of his own money to bring about this resolution. Our client was 38 years of age and was survived by his wife and two children.
Settlement: 1.7 Million.
Lisa Moore v. ABC Trucking Company
Defendant Trucking Company negligently pulled out in front of a 25-year old plaintiff traveling on a country road. Plaintiff’s vehicle went underneath the tractor trailer portion of defendant’s semi tractor trailer, and plaintiff was pinned in the car underneath the tractor trailer. As a result, she sustained multiple injuries, including a ruptured spleen and several lacerations of the face and neck, requiring plastic surgery.
Settlement: $425,000.
Stacey Miles v. City of Cleveland Heights
Mr. Miles was a 25-year old professional tennis instructor. He was involved in an automobile collision with the vehicle operated by a City of Cleveland Heights detective, when he hit a patch of ice and lost control of his car. Stacey was right handed and sustained a soft tissue injury of his left elbow which prevented him from fully extending his left arm. He experiences movement restriction of approximately 20 degrees.
Verdict: $1 Million.
I. General Negligence Claims
Robinson v. XYZ Company
James Robinson, age 26, worked for XYZ Company making explosives for the railroad industry. He and fellow employees were asked to bypass safety procedures to expedite certain orders. An explosion occurred engulfing Mr. Robinson in flames, causing burns over 90 percent of his body. Miraculously, he survived.
Settlement during trial: $4.35 Million.
Chad Johnson v. ABC Fraternity
20-year old Chad Johnson, while attempting to gain entry as a pledge into a fraternity at Kent State University, was subjected to alleged verbal harassment by a fraternity brother. The exact conduct leading up to his injury was very much in dispute. Plaintiff testified that the fraternity brother indicated that Chad would not get into the fraternity unless he dove into a mud pit. When Chad dove head first, he sustained a fracture of his neck, rendering him a quadriplegic.
Settlement: $1.75 Million.
Denton Tap v. Convenient Food Mart
Mr. Tap was injured as a result of an accidental shooting at a Convenient Food Mart. The owner was playing with an old revolver, which he believed to be empty. However, the revolver discharged a bullet and shot Mr. Tap in the foot. The bullet was surgically removed and caused nerve damage which was disputed by the defense. Plaintiff alleged that Denton Tap could not return to his particular employment because of chronic pain.
Verdict: $410,000.
Thomas Ostromek v. All Pro Technology
Mr. Ostromek was a janitor at Lakewood Schools. While cranking up a basketball backboard in the gym, the backboard fell onto his shoulder. As a result, he sustained a rotator cuff injury. All Pro Technology was sued for the backboard weld failure, which caused the backboard to fall onto Mr.
Ostromek. Mr. Ostromek underwent surgery; however, he continued to suffer problems and had difficulty performing his work.
Jury Verdict: $480,000.
Richard Craig v. ABC Company
Richard Craig worked at defendant, ABC Company, as a machinist. Specifically, Mr. Craig operated a vertical boring mill which milled and refined steel to certain specifications. During one particular milling project, where it was alleged the steel piece was too big for the vertical boring mill, Mr. Craig got his pony tail caught in a rapidly spinning, vertical shaft of the boring mill. This tragic event tore away Mr. Craig’s scalp from above his eyes all the way back to the base of his neck.
Settlement prior to trial: $700,000.
II. Premises Liability
Mary Fratoe v. Elias Brothers Restaurants, et al.
Plaintiff slipped on ice in front of Elias Brothers Restaurant on March 23, 1996. As a result, she fractured her femur in the fall. It was determined that the ice was formed as water dripped from an awning above the restaurant entrance. Restaurant employees testified that there was knowledge of the ice and that it had been salted unsuccessfully.
Verdict: $205,000.
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