Verdicts & Settlements
Practice Area: Defective and Dangerous Drugs Pharmaceutical Products
Outcome: Confidential settlement totaling over $10,000,000.00
All 14 cases on behalf of individuals who took the diet drug Fen-Phen were litigated in Circuit court after recommended that Holzberg legal all Plaintiffs should opt out of pending Class Action, on our firm's advice, and file separate lawsuits. The cases settled before trial for confidential payments to each Plaintiff we represented, ranging from $350,000.00 to over $1,000,000.00, per client. We alleged that the diet drug Fen-Phen caused serious and permanent heart valve damage to our clients as a result of long-term ingestion of the drug to assist in weight loss.
S. P. v Medical Center
Practice Area: Medical Malpractice
Outcome: $2,500,000.00 (Jury Verdict)
The Jury found General Surgeon and then Hospital Chief of Surgery liable for negligence during a gallbladder removal surgery- a laparoscopic cholecystectomy - by failing to properly identify the anatomy, by failing to perform an intraoperative cholangiogram, which with the injection of a radioactive dye would have provided a "road map" to the common bile duct, resulting in a complete dissection of the duct. This breach of the standard of care was not recognized by the doctor during surgery and our client was closed with bile leaking into the abdominal cavity and adjacent organs including the liver. Ultimately she suffered from complications associated with liver damage and caused by a delay in recognizing the duct dissection, leading to likely lifelong infections, digestive difficulties and pain, and suffering.
Settlement - Cruise Ship Grounding
Outcome: Over 6 times initial offer (Settlement)
Q.D. v Major Cruise Line
Outcome: $1,050,000.00 (Settlement)
R.N. v Chiropractor
Outcome: $785,000.00 (Settlement)
Kenrick DeGannes v Avis Car Rental
Practice Area: Brain Injury
Outcome: $769,000.00 (Jury Verdict)
We sued Avis Car Rental for negligence in their operation of an airport bus transporting K.D, an airplane flight and ground mechanic. After establishing that Mr. DeGannes suffers traumatic closed head injuries and a concussion upon striking his head inside the bus on a metal support post behind the front passenger seat, we won a hard-fought jury verdict, after 5 days of trial for $769,000.00 including approximately $550,000.00 in projected future wage loss. The verdict was paid in full by the rental car company after past trial motions were denied by the court. We also successfully obtained a $100,000.00 workers compensation award for K.D. with the help or co-counsel attorneys with whom we regularly work to obtain full benefits for our clients who were injured on the job.
J.P. and W.P. v C.C and R.C.
Practice Area: Slip and Fall Accident
Outcome: Settlement for $750,000.00
J.P. tripped over a vacuum cleaner in her sisters’ home when the family dog lunged at her baring its teeth in an aggressive manner. She suffered a distal radial fracture of her dominant wrist, which over 4-6 weeks developed into RSD/CRPS I (Reflex Sympathetic Dystrophy n/k/a Comprehensive Regional Pain Syndrome). The defendant's insurance carrier covered the defendants C.C. home with a $300,000.00 policy with a $25,000 dog attack limitation. Holzberg Legal took the position that a failure to pay the $25,000.00 limit within 30 days of demand was bad faith. When the insurance carrier, through its outside adjustment company, offered the 25k limits after 72 days, we rejected the offer filed suit and prepared for trial. At mediation 1 month before trial, the insurance carrier acknowledged the problems in failing to timely tender, paid $750,000.00 to settle this and any future Bad Faith action. Had the insurance carrier delivered a check for $25,000.00 WITHIN 30 DAYS OF OUR INITIAL DEMAND THEIR EXPOSURE WOULD HAVE BEEN LIMITED TO THAT AMOUNT AND WOULD HAVE SAVED $725,000.
I.G. v Apartment Complex
Outcome: $475,000.00 (Settlement)
J.D. v Shopping Mall
Outcome: $300,000.00 (Settlement)