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Practice AreasAntitrust
Intellectual Property
Litigation
ResultsRESULTS
RECENT VERDICT AND SETTLEMENT
CASES THAT HAVE CHANGED THE WORLD
The Case: Elementary school children exited gates from playground in the middle of the block. No marked cross walks were provided. The school attendant charged with monitoring the exit left before the playground was cleared. Open gate was unattended. Many teachers had complained of screeching tires heard from that area. Plaintiff, a second-grade child was run over and dragged when he attempted to cross the street when another child told him about a birthday party from the other side of the street. The result was a seven figure settlement.
The Case: A 26 yr. old man taken to ER with gunshot wound in the rear upper thigh. There was an entry wound but no exit wound. He was deemed non-critical by the nursing staff and left on a gurney in the ER for several hours. After his sister repeatedly reported to the nurses that his condition was worsening, an ER surgeon was summoned. He determined that there was internal bleeding and ordered radiology. It was determined that the trajectory of the bullet was upward and to the left and had lacerated a kidney, part of the liver and was found next to his heart. He was immediately taken to surgery where his injuries were repaired. He was still in critical condition. The surgeon contacted the ICU and they informed him that there were no beds available at that time. The surgeon wrote in the chart that the patient should remain in the ER until there was a bed available in the ICU. A resident changed the order to have the patient transferred to the floor. The surgeon, before leaving the ER at the end of his shift, checked the patient and the chart and canceled the Resident’s order and underlined the portion that the patient not be transfer until there was an ICU bed available. A second resident changed the order and said the patient was ordered to be transferred to the general care floor. When contacted by the ER nursed regarding the transfer the floor nurse, after getting the patient’s vital signs refused the transfer because there was insufficient staff to handle such a critically ill patient. A supervisor was contacted and the patient was taken to the floor, where he died before the next morning. The ICU surgeon who had called to find out where the patient was because he had a bed which had been available for hours awaiting the transfer, rushed t the bedside, but it was too late.
The Case: A 14-yr. old boy was sent to Los Padrinos Juvenile Detention Center, a Los Angeles County juvenile custody facility, for truancy and the violation of his parole for an offense charged when he was 11 years old. He was sentenced to 14 days. Within the first 4 days he repeatedly complained of nausea, vomiting and general malaise. He was given Motrin and told to lie down. Over an 8 day period his symptoms got worse. His Mother and Father each complained that their son’s complaints were not being properly addressed. On the 13th day he had a fever and a doctor at LA County USC medical center was called. The Custody nurse when describing the boy’s symptoms, left out that they had been worsening for 9 days. Later that day the boy became comatose and was rushed to County Hospital where he died of meningitis encephalitis, subdural empyema, brain herniation and a sinus infection.
The Case: Angela Byrd vs. City of Long Beach – Trial; Marcella Byrd, a 62 The City of Long Beach Police Practices for use of Less than Lethal weapons Byrd vs. City of Long Beach – trial. Mentally ill schizophrenic 62-year-old woman goes into a grocery store and walks out without paying. The store owner goes after her and wrestles the cart away. Marcella returns to the store and leaves with a butcher knife. Long Beach PD is called and responds with at least 7 officers. The follow Mrs. Byrd on foot and in patrol cars yelling for her to put the knife down. Mrs. Byrd responds by grimacing at One of the officer in a patrol car. She continues to walk for 4 blocks. The LBPD have set up a blockade at the corner of the street. Marcella Byrd stops at the corner. 3 officer and a Sargent with a bean bag shotgun leave their patrol car and block her path standing less than 15 feet from where she stops. The sergeant fires one bean bag at her legs. Mrs. Byrd becomes agitated and another bean bag is shot at her legs. Mrs. Byrd raises the knife and 7 shots are fired. Four of the shots strike Mrs. Byrd killing her instantly. As a result of the verdict, Long Beach PD changed the distance requirement for officers approaching a person with a knife, changed the policies for handling the mentally ill by not yelling at them, contacting the mental health unit and changing the distance for officer changed the location of the body where the beanbag shotguns are aimed.
The Case: Debbie Friedman v. CONFIDENTIAL – A Jewish cantor with a psychiatric disorder was put on 2 psychotropic medications. The drug levels were not properly monitored and she developed tardive dyskinesia. The disease was caused by the interaction of the two drugs. One of the drug manufacturers had an unwritten agreement to pay for the defense and any damages for injuries to patients who were prescribed the drug. This allow the doctors to hand out the prescriptions without any consequences. The manufacture agree to stop this immoral practice and resulted in the only settlement by the manufacturer for the particular psychotropic drug.
The Case: A gardener was using an herbicide to kill all the weed on two vast group of properties. The weed-killer was marketed as safe for such use and the gardener was not wearing a mask. He developed multi organ failure and was permanently disabled. It was found that the surfactant (the ingredient that allowed the plant to absorb the active ingredient) had never been tested for its toxicity. The result was a six-figure settlement and the testing of the surfactant. The only settlement by the manufacturer for the use of its herbicide. |