Verdicts
Ohio Women V.A.H. Robins Company/Dalkon Shield
Claimants Trust
$30,000,000. Actually, in excess of $30,000,000 was awarded to women and their families represented by Brown & Szaller who had been injured by the Dalkon Shield IUD. During the enormous product liability litigation, Brown & Szaller hired a dozen full time registered nurses to assist in the evaluation and compilation of medical records. The firm also engaged the professional services of three obstetricians/gynecologists, two pathologists, a surgeon, an economist, a biostatistician, an epidemiologist, and a pediatric neurologist to assist in the presentation of claims in arbitration, mediation and trial.
Read the full article here.
Read the Harvard Press Release here.
Baycol Settlement
Settlement Amount Sealed by Court Baycol was a statin, manufactured and sold by Bayer, approved by the FDA for cholesterol reduction. But it could cause rhabdomyalysis, a rare, serious disease that compromised the patient's kidneys and could result in permanent dialysis or even death.
Brown & Szaller represented 18 Ohio residents who suffered rhabdomyalysis. In their representation, Jim Szaller took depositions, and reviewed millions of documents, with a consortium of attorneys.
The 18 lawsuits were settled. As a condition of the settlement, Bayer required it to be "under seal", and the amount never disclosed to the world. During the litigation, Jim Szaller was elected the first Chairman of the Association of Trial Attorneys Baycol Litigation Group. (He continued his role as Chairman until the Group was disbanded at the end of the massive litigation in 2006.) The Baycol Litigation Group was comprised of 600 law firms from the United States, Canada and other countries around the world. The purpose of the Group was to develop and share information regarding Baycol and Bayer to assist the 600 firms represent those people injured by Baycol.
In 2007 Jim Szaller was awarded the ATLA "Litigation Group Chair Award" for his work assisting other lawyers and their clients as the Chair of the Baycol Litigation Group. The award was established by ATLA for Jim's work, and he was the first recipient of the award.
“Boys,” et al. V. Township, et al
$650,000. Settlement for the family of two young boys who tragically and needlessly died when swept by flood waters into an open unguarded storm sewer pipe covered by flood water. The wrongful deaths of the 7 and 8 year old boys were allegedly caused by a political subdivision which is generally immune from liability. However, experts hired by Brown & Szaller and countless depositions established an exception to the general sovereign immunity enjoyed by political subdivisions.
Home Allen V. Cleveland Clinic Foundation, et al
$527,000 plus interest. The largest "informed consent" verdict ever awarded in Ohio. Mr. Allen, a Kentucky resident, sued a hospital and some of its physicians alleging that they failed to inform him of risks inherent in surgery performed upon him. During surgery, he suffered a neurological deficit and was rendered blind. The jury verdict was appealed by the defendants to the U.S. Court of Appeals, but the total jury verdict, plus interest, was nonetheless eventually paid to the Mr. Allen by the defendants.
S. Doe and P. Doe V. A National Limousine Service (Fulton County, Georgia and Cuyahoga County, Ohio)
$665,000. Settlement (policy limits) for personal injuries suffered by two airline employees injured in an automobile accident in the state of Georgia. The airline employees were Ohio residents, and after filing suit against the tortfeasor in Georgia, they also filed suit against their own insurance companies for underinsured motorist coverage. They also sought and obtained Workers Compensation benefits in the state of Illinois, where they were based as flight attendants. Brown & Szaller utilized the services of numerous experts, and represented the plaintiffs in all actions – in Georgia, in Ohio, and in Illinois, with the assistance of local counsel.
Palmer V. State Farm, ET AL (Lorain County)
$60,000. Settlement for bicyclist injured in a cycling accident when she was grabbed by passenger in a passing automobile. The automobile fled the scene, and plaintiff brought suit against her own insurance company for an uninsured motorist claim. Injuries included neck and head, but some 16 months after the accident she suffered a herniated cervical disc. No surgery performed on the disc.
"S. J." V. Dalkon Shield Claimants Trust
$361,000. Verdict for plaintiff who occasioned two ectopic pregnancies because of her use of the Dalkon Shield IUD. Testifying on behalf of the victim was a pathologist from the Mayo Clinic, an ob/gyn with privileges at the Center for Disease Control in Atlanta, Georgia, and three additional experts retained by Brown & Szaller.
"A & EM" V. Dalkon Shield Claimants Trust and Breland Insurance Trust
$822,026. Settlement for "wrongful birth" claim. Alexander was born with severe disabilities. His mom, who conceived Alexander despite her use of a birth control device touted by the manufacturer as being 99% effective (but which was known to the manufacturer to be only about 94% effective) received an offer to resolve her claim, and her son’s claim, for a few hundred dollars. She rejected the offer and filed a lawsuit in the U.S. District Court in Baltimore, Maryland, alleging that under Louisiana law (the place where the birth control device was inserted) the manufacturer of a birth control device could be held responsible for wrongful birth. After numerous depositions in New Orleans, Louisiana and Baltimore, Maryland, a settlement was reached. On behalf of the MacLeod’s, Brown & Szaller had retained an economist, two obstetrician/gynecologists, an epidemiologist, a biostatistician, and a pathologist to testify on the family’s behalf.
Ellis V. Miller (Lorain County)
$150,000. Settlement to plaintiff who was a passenger in an automobile being driven by her husband. Plaintiff’s car was struck while turning left by an oncoming driver. Plaintiff sued the oncoming driver ($100,000 policy limits) and made an uninsured/underinsured motorist claim for negligence of husband. Settled against both defendants for $150,000. Husband later found not at fault in his tort claim against the oncoming driver. Damages: comminuted fractured, right femur.
Doe V. Urban, et al. (Cuyahoga County Common Pleas)
$355,000. Plaintiff Motorcyclist dumped his bike to avoid hitting a car that illegally turned in front of him. He suffered several knee fractures. The $355,000 settlement included the policy limits of the tortfeasor and underinsured motorist coverage.
Sailes V. Slocum, et al. (Cuyahoga County Common Pleas)
$396,500. Motorcyclist died when he struck a car which turned in front of him. Witness observed the deceased traveling 60 mph in a 25 mph zone. Plaintiff’s accident reconstruction expert excluded speed as the sole cause. The $396,500 settlement included the policy limits of the tortfeasor.
Sandra & James Cooper V. Beverly Mueller, et al. (Lorain County)
$175,000. Plaintiff was involved in a two-car crash. Aggravation of degenerative disc disease (L4-5; L5-S1 herniated disc). She slowly developed back complaints and underwent surgery five months later.
Ellis V. Miller (Lorain County)
$150,000. Settlement to Plaintiff who was a passenger in an automobile being driven by her husband. Plaintiff’s car was struck while turning left by an oncoming driver. Plaintiff sued the oncoming driver ($100,000 policy limits) and made an uninsured/underinsured motorist claim for negligence of husband. Settled against both Defendants for $150,000. Husband later found not at fault in his tort claim against the oncoming driver. Damages: comminuted fractured right femur.
Mr. Knabe has many other verdicts. Some of those verdicts exceed one million dollars but are confidential.
DISCLAIMER. Every case is unique and actual results may vary depending on liability and damages.