Verdicts and Settlements

$63,000,000 Medical Malpractice
A two year old child suffered central nervous system injury (brain abscess) when he fell while on a hike with his parents. He fell upon a tree stump which punctured his maxillary sinus. This caused the development of a cerebral infection which went undetected.

The child was worked up on admission for possible viral meningitis, bacterial meningitis and the potential for a central nervous system abscess. The patient was placed on IV antibiotics and steroids which resulted in an overall appearance of improvement. This combined with a negative spinal tap prompted the attending physicians to conclude that he had viral meningitis. Since he seemed “improved” he was sent home without a CAT scan of his head which would have revealed a central nervous system abscess.

Within twenty-four hours of being sent home the child suffered catastrophic injury secondary to the intra-cranial pressure created by the abscess. He suffered permanent neurologic deficit.

The jury verdict was $63 million dollars for the future loss value with a present value award being $11 million dollars.



$6,000,000 General Negligence - Fork Lift Operation
Plaintiff truck driver backed his trailer up to the loading dock to receive freight from the defendant’s warehouse. The defendant’s forklift operator negligently and carelessly dropped a load of freight into the trailer which resulted in devastating and crushing injuries to the plaintiff including blindness of the right eye and multiple/severe facial fractures. The case settled for $6,000,000.



$3,700,000 Verdict/Explosion/Burn Injury
Plaintiff was a carpenter who had installed a propane stove on Defendant’s farm. He had gone home for the evening and was called back to the work site by the defendant’s manager who was unable to light the stove after having filled the propane tank.

The defendant’s manager represented he had turned off the gas and opened the windows of the trailer. Plaintiff stuck a match in an effort to light the stove with an explosion resulting. In fact, the propane had been left on and emptied into the kitchen area creating an explosive environment.

The Jury verdict was for $3,700,000 in general and special damages which was reduced for the comparative negligence of the carpenter in lighting the match. Sixty percent of the negligence was placed upon the defendant’s property manager for creating the explosive environment and not warning the carpenter.

The plaintiff suffered second degree burns over 70% of his body with third degree burns localized over his feet and ankles.



$3,500,000 Recovery for Motor Vehicle Accident
Plaintiff was returning home from dance class when her car lost power due to engine failure. As she attempted to move to the side of the freeway, she was sideswiped by the defendant’s vehicle. This resulted in her coming to a stop in the middle of the freeway. Before she could get to the side of the road and while out of her vehicle, she was struck and catastrophically injured by a vehicle driven by an uninsured motorist.  Plaintiff suffered the amputation of her right limb below the knee.

The defendant disputed responsibility for the “sideswipe”. At trial the Jury found that the defendant was responsible for the “sideswipe”. Following an appeal, the case was settled for $3,500,000.



$3,250,000 Recovery for a Ship Fire
A longshoreman working for a ship repair subcontractor was badly burned when a defective work lamp was left in the bilge of the engine room. The longshoremen’s crew was cleaning the engine room with combustible solvents which ignited when the gas came in contact with the lamp which was not explosion proof. The defendant was the prime contractor.

The case focused on the responsibilities and duties of a prime ship repair contractor for the safety and well being of subcontractor employees. The recovery was $3,250,000.



$3,200,000 Recovery - Motorcycle Accident
Plaintiff suffered substantial permanent partial disability of his left arm secondary to this motor vehicle accident. Plaintiff was riding his motorcycle along a county road when the defendant’s truck crossed the center divide on a curve in the road. The defendant’s driver did not see the approaching motorcycle.

As a consequence of the permanent partial disability, Plaintiff lost his career as a peace officer. The case settled for $3,200,000.



$2,800,000 Recovery for Construction Site Injury
Carpenter on an industrial construction site suffered severe head injury when his skylift was caused to fall as he was fabricating the roof. The skylift fell as a consequence of an unsafe working condition on the floor below, which included the contractor’s failure to cover openings in the floor. A wheel of the skylift fell into an unsecured opening resulting in the skylift tipping over, thereby, causing the Plaintiff’s severe head injury. The case settled for $2,800,000.



$2,750,000 Wrongful Death Recovery
The Plaintiffs were the widow and two adult children of the decedent who was killed in a motor vehicle accident when the defendants service vehicle crossed the center divide.



$1,500,000 Recovery for Bicycle vs. Truck
Plaintiff suffered a substantial head injury while riding his bicycle on a country road. The defendant’s truck driver failed to appreciate the presence of the bicyclist and as a consequence violated his right-of-way and did strike him. The Plaintiff was knocked to the ground with a resulting head injury. The case settled for $1,500,000.



$1,000,000 Recovery for Medical Malpractice
Plaintiff underwent cardiovascular surgery. As a consequence of the surgeons negligence, he suffered a stroke. He has permanent partial disability secondary to neurologic deficits. The case settled for $1,000,000.



$600,000 Recovery for Chemical Exposure
Chemist working in a lab was exposed to ammonia gas which was released as a consequence of a defective valve. The exposure resulted in lung scarring which has left the plaintiff with pulmonary deficits. The case settled for $600,000.



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Law Offices of Scott O'Mara