Verdicts & Settlements

Recent Verdicts and Settlements

The following are examples of injury cases our Colorado medical malpractice lawyers or injury lawyers have been involved in recently. They include medical malpractice injury, birth injury, motorcycle accident injury, brain damage, hospital negligence, property liability, contamination, and the Columbine shootings. These are just examples of cases our attorneys have handled. In addition to these, we have handled many injuries arising out of automobile accidents, product liability accidents and other types of accidents and injuries throughout Colorado.

Medical Malpractice

Attorneys David Woodruff and Neil Hillyard recently completed a 2-week jury trial against Kaiser Permanente and two of its doctors. The case arose out of the wrongful death of a patient from a cardiac condition that was easily treatable. During the trial, the evidence demonstrated that Kaiser Permanente had converted its medical record-keeping system from paper records to computerized electronic records. In the process, Kaiser had essentially dropped all mention of the patient's cardiac condition. As a result, his subsequent physicians were unaware that he was living with a potentially life-threatening illness that could and should have been treated. The case settled on the final day of trial.

A medical malpractice case against Kaiser Permanente for an injury incurred due to negligent patient care in the emergency room. The case was tried by our Colorado medical malpractice lawyers. The patient presented with a urinary stone, and she ultimately lost part of her leg and the other foot. The matter went to arbitration and the recovery was approximately $3,000,000. This case was handled by handled Susan Kudla and Dan Sloane.

$4.9 million verdict against hospital obtained by one of our medical malpractice lawyers, Susan Kudla. A caustic acid was negligently injected into the patient's vein during a nerve block procedure. In addition, he was negligently monitored while being sedated resulting in brain damage. The anesthesiologist who injected the acid settled before trial. The anesthesiologist who negligently left the acid on the anesthesiologist cart settled after an appeal. This case was the subject of a two part series by Paula Woodward of Channel 9 in Denver.

Malpractice case for birth injury. This case involved a claim against an obstetrician, who did not deliver our client's baby in a timely and appropriate manner, and the hospital. The birth resulted in a brain injury to the baby. This case was settled for a confidential amount. The clients were represented by Neil Hillyard, one of the key Hillyard, Wahlberg, Kudla & Sloane, LLP medical malpractice lawyers. (Additional Colorado medical malpractice lawyers at our firm have also represented a number of clients in this type of case.) See Birth Injuries...

Settlement with HMO and physicians for negligent treatment with an aminogycocide Tobromycin. This is a potentially toxic antibiotic. In this case, it resulted in damage to the patient's vestibular system, causing problems with equilibrium, vision, hearing, and similar symptoms. The patient was formerly a nurse and could no longer work as a result of the injury. At the insistence of the HMO and physicians, the terms of the settlement cannot be disclosed. To learn more about vestibular injury visit http://www.wobblers.com/.

Settlement of claim against two doctors in Colorado Springs for teenager/encephalitis. As in all medical malpractice cases the defendant doctors in this case insisted upon a confidentiality agreement regarding the settlement of the claim. This is always insisted upon by the doctor, hospital, nurse, or other healthcare provider. The identity of the doctors cannot be revealed nor can the amount of the settlement. Our client suffered a brain injury from encephalitis that two separate doctors failed to diagnose and treat. Depositions were taken and nationally prominent experts were located to testify against the negligent doctors. Settlement was accomplished without the necessity of going through a trial.

Settlement against a hospital and doctor along the Western Slope. As with other medical malpractice cases, the defendant hospital and doctor/surgeon insisted upon a confidentiality agreement regarding their identity and the terms of the settlement. This, unfortunately, is universally demanded in medical malpractice settlements so the public won't be able to learn about it. Consequently, the information that can be provided is limited. Our client was a patient in a Western Slope hospital emergency room. He provided information to a nurse about a device which had previously been implanted within him for a urological problem. This information was in the form of a card he was to carry and provide to anyone doing any care in this area of his body. Neither the card nor the information were transferred into his chart, and surgery was performed upon him, damaging the device. Settlement with the surgeon and the hospital was accomplished without going through a trial.

Birth Injuries

Medical malpractice claim against midwife and doctor. This case was handled by Neil Hillyard and Susan Kudla, two experienced Denver birth injury lawyers from our firm. The baby suffered brain injury because of negligence during the prenatal period. The midwife and obstetrician settled with parents and child. Amount of settlement cannot be disclosed by our birth injury lawyer due to the insistence of the insurance company for the midwife and doctor.

Medical malpractice of midwife during labor leading to brain damage. Two experienced Denver birth injury lawyers from our firm, Neil Hillyard and Susan Kudla, handled this case. The baby suffered fetal distress before cesarean section delivery, leading to hypoxic brain injury. The labor was prolonged and the fetal heart monitor showed evidence that the baby was in distress. The baby was not delivered in a timely manner, resulting in the brain injury. The settlement amount cannot be disclosed due to the insistence of the insurance company. Confidentiality of settlement terms is always demanded by insurance companies, disallowing the birth injury lawyer from our firm to disclose settlement amounts.

Million dollar medical malpractice settlement against home healthcare agency for negligence of nurse. This was the total of insurance available to the agency. Neil Hillyard was the attorney. The negligence resulted in the death of the patient. The nurse allowed air to get into a central venous catheter resulting in the air going to the patient's heart.

Settlement of medical malpractice claim against obstetrician for negligence resulting in severe brain injury to baby. The obstetrician was notified of a problem during labor by a certified nurse midwife. He failed to see the patient even though he was just outside the patient's door. He had agreed to be the midwife's supervisor prior to this. This case was just concluded and the amount of the settlement can be disclosed upon request. The case was handled by Neil Hillyard and Susan Kudla.

The above-described cases are a few of the cases in which our firm has been involved on behalf of the victim of medical malpractice or psychological or social work malpractice. We will be happy to provide examples of other cases in numerous areas of medicine, psychology, social work, pharmacy, etc. upon request.

Automobile Accidents

Stephen Wahlberg represented Molly Bloom, a high school senior who was severely injured by the negligent conduct of a limousine driver. Mr. Wahlberg was able to successfully negotiate a settlement with the limousine company and dramatically reduce the claims of the health insurance carriers. Molly was insured under her father's policy and her father, Bob Bloom, was an employee of the U.S. Postal Office. Under the federal statutes, Mr. Wahlberg was able to successfully argue that almost all of Molly's medical expenses were exempt from the subrogation claims of the insurance company. Molly recently finished her first year of college at the University of Colorado and will be studying in Iceland this summer.

Stephen Wahlberg successfully settled a rollover collision for $475,000.00. The defendant denied he was involved in the collision and one of the firm's investigators, along with the Broomfield Police Department, was able to conclusively prove that the defendant caused the collision.

Stephen Wahlberg was able to successfully settle the case of a high school student who was run over by another high school student as he was walking home from school. Mr. Wahlberg's representation resulted in a $225,000.00 settlement for his client's severe broken leg. Mr. Wahlberg's client was able to successfully graduate from high school with honors.

$1,500,000 settlement (policy limits from an auto policy, homeowners' policy and umbrella coverage): Mr. Wahlberg represented one of five passengers involved in a rollover collision. The driver of the vehicle had been drinking though it was debatable whether the driver was legally intoxicated. One of the passengers was killed and the other passengers sustained significant orthopedic and internal injuries.Stephen Wahlberg successfully represented a woman who received back injuries when the defendant ran a red light and struck the back of her vehicle. Mr. Wahlberg was able to settle the claim for $300,000.00 (policy limits) and was able to assist in arranging for her health insurance company to pay for the spinal surgery and physical therapy.

Stephen Wahlberg represented a family that was driving on a rural road when the defendant crossed the centerline causing a head-on collision. All of the people in the vehicles were seriously injured and one of the passengers was killed. Mr. Wahlberg was able to obtain the policy limits from the driver and the uninsured/underinsured motorist carrier to try and help compensate the family.

Stephen Wahlberg represented a blind man who was crossing the street with the cross light when the defendant turned into him causing injuries. Mr. Wahlberg was able to successfully settle the case and the firm donated their attorneys' fees to charitable causes.

Michael Nimmo settled a case for $750,000.00 for a 13-year-old girl who was severely injured when she was thrown from a vehicle. The negligent driver rolled the vehicle at 65 mph in far southeastern Colorado leaving the young girl with a broken back and multiple other injuries.

Michael Nimmo settled a case for $250,000.00 for a man from western Colorado who was hit head-on by a vehicle that had crossed the centerline at approximately 60 mph. The client suffered a broken plateau tibia which resulted in a surgery leaving him with a metal plate and several screws in his knee.

Motorcycle Accidents

Stephen Wahlberg recently settled a claim arising from a motorcycle accident involving mild traumatic brain injuries. Terms of the settlement were confidential.

Motorcycle accident leading to brain injury of a passenger. An automobile turned in front of motorcycle at an intersection and the passenger was thrown from the motorcycle. She was not wearing a helmet. She required two surgeries and was a patient at Spalding Rehabilitation for a number of months. Fortunately, she has made a wonderful recovery. This case was settled with the insurance company for the automobile driver for approximately $1,500,000.

Property Liability

Client recovers against apartment complex for injuries from pot hole in parking lot. This case involved our client who was running across an apartment complex parking lot. The sprinkler system had sprayed water on the lot covering a pot hole. The apartment complex settled with our client for $1,000,000. The client was represented by Neil Hillyard.

Homeowner's insurance company settles for injuries to child passerby. This case involved injuries to our client, a young girl, incurred while riding in a school bus. As the bus passed the defendant's home, the defendant's son shot a projectile with a slingshot in the direction of the bus. The projectile put out the eye of our client. The matter went to trial in Douglas County and a verdict in excess of $1,000,000 was obtained. The homeowner's insurance company paid. The young man who shot the projectile was under the joint custody of his divorced father and mother. We were able to force additional payment to our client from the joint custodian's mother's homeowner insurance, even though she lived elsewhere. The client was represented by Neil Hillyard.

Products Liability

David Woodruff, in conjunction with another law firm, obtained a settlement on behalf of a client who contracted e-coli after consuming bagged spinach. Under the terms of the settlement, the amount paid by the spinach producer is confidential.

Neil Hillyard recently settled a claim against Smith and Nephew, Inc. (formerly Oratec, Inc) for negligently failing to warn surgeons of an identified group of patients at high risk of nerve injury from the use of a device manufactured by the company. The device was called the Oratec electrothermal arthroscopy system. The device caused destruction of the client's shoulder joint. The terms of the settlement cannot be revealed due to the insistence of Smith and Nephew, Inc. The patient suffered a laxity of her shoulder from a fall. The surgeon utilized the device to heat the shoulder capsule to shrink the tissue to make the joint tighter. The procedure was called a thermal capsulorrhaphy. The extreme heat necessary to shrink the tissue went through the tissue and injured her axillary nerve. Her cartilage in her shoulder was also destroyed requiring two artificial joints and a life of chronic pain. Oratec knew of a patient profile of patients at high risk for the nerve injury and concealed the information from surgeons using the product.

$250,000 settlement (policy limits): Steve Wahlberg represented a passenger in a head-on collision. The passenger sustained a fractured pelvis and internal injuries to her spleen and liver. This case arose under Colorado's old no-fault statute and all of his client's medical bills were paid.

Contamination

In a case involving gasoline contamination to the homes of 171 men, women and children in Northglenn, Colorado, Chevron Oil Company was found responsible. Chevron was ordered to relocate the affected families into temporary housing and to provide food and sustenance for them. The court subsequently addressed the issue of damages and the claims were resolved in amounts protected by a confidentiality agreement. The case was handled by Neil Hillyard.

Our law firm represented Writer Corporation in a suit against Texaco as a result of gasoline contamination at Writer's Riverfront Shopping Center site in Littleton, Colorado. The case was tried by a jury in Arapahoe County, and the plaintiff received a verdict of approximately $1 million. The case was appealed and the verdict was confirmed on appeal.

In Fort Collins, Colorado, 20 families whose homes had been contaminated by gasoline from Diamond Shamrock retained our lawyers to represent them. After 10 days of trial on the liability phase of the case, the claims of the plaintiffs were settled for an amount protected by confidentiality agreement with Diamond Shamrock.

Injuries

Michael Nimmo and Dan Sloane settled a case last year for an employee who was denied his long-term disability benefits. The case settled for $160,000.00 plus future monthly payments of $2,600.00 continuing until his disability ceases to exist.

Uninsured/underinsured motorist claim for severe injuries from a collision between two pick-up trucks, one hauling a trailer loaded with sand and gravel. Settled prior to Arbitration for a substantial sum, near the policy limits of $1,000,000.

$4.65 million jury verdict. Steve Wahlberg served as trial consultant for the plaintiff before and during this trial. The plaintiff, who was wheelchair-bound from MS, called for a taxi. The driver lost control of her wheelchair while bringing her from her front door to the taxi causing her to fall from the chair. The plaintiff suffered a brain injury requiring two surgeries.

If you or a loved one has been a victim of medical malpractice or birth injury, please call 800-630-2366 or contact us online to talk with one of our Colorado medical malpractice lawyers or a birth injury lawyer at our Denver-area firm today!