Verdicts & Settlements
Boerste v University Hospital, et. al.
$10.5 million jury verdict
Ms. Boerste, a diabetic with peripheral vascular disease, had a sponge left in her abdomen after an aorta surgery to improve the blood flow to her legs. The sponge remained inside her for 6 years and led to amputation of her left leg below the knee due to pressure ulcers she suffered from being laid up recovering after the sponge was cut out of her intestine into which it had eroded.
Satterwhite v. Dr. Sekela
$9.8 million dollar jury verdict
Ms. Satterwhite, a 33 year old single mother, suffered a permanent brain injury during a mitral valve repair when a hose supplying blood was misplaced.
Vaughn v. Dr. Tuckson, et al.
$3 million jury verdict
Mr. Vaughn was incorrectly diagnosed with a cancer-causing condition and his colon was unnecessarily removed.
Brown v. Dr. Ross, et al.
$1.7 million jury verdict
A large surgical sponge was left inside Ms. Brown’s abdomen during a surgery.
Hill v. James C. Woodiel, M.D.
$700,000 jury verdict
A 23 year old man died after his doctor failed to recognize the signs of sepsis.
Branstetter v Christy South, MD
$581,587 jury verdict
An otherwise healthy 36 year old woman was found brain dead in her hospital bed from a hospital administered opiate overdose 6 hours after she was admitted for abdominal pain relative to a noncancerous ovarian cyst.
King v. Anesthesiology of Paducah, P.S.C.
$509.000 jury verdict
22 year old maternity patient suffered permanent nerve damage after a nurse anesthetist placed a needle too high on the spinal column while administering a spinal block.
Ms. Burris had fourteen teeth pulled and required implants after her dentist failed to diagnose her gum disease.
A $5,000,000 settlement for a 7 year old special needs student in first grade at Wilkerson Elementary School who was drug for one minute and a quarter of mile by a Jefferson County Public School System (JCPS) school bus.
A $1,020,000 settlement for two Indiana clients who were severely injured in an automobile accident where they were passengers in a vehicle driven by a friend. One client suffered a broken hand and the other suffered a brain injury and broken leg.
A $1,000,000 settlement for a client who suffered a brain injury and pelvis fracture when the motor vehicle in which she was a passenger was t-boned at an intersection by a vehicle whose driver was disregarding pertinent traffic laws.
A $750,000 settlement for a police officer who suffered a mild traumatic injury when he was rear-ended on the expressway while on duty. The occurrence of a brain injury was hotly disputed by the defendant. Since the injury occurred while the officer was at work, a workers compensation claim was also litigated on behalf of the client and a permanent total disability award was achieved.
A $737,500 settlement for a client who suffered debilitating rib, neck and shoulder injuries in a head on collision on a rural highway in Indiana. Causation was disputed relative to the shoulder injury. The client was required to remain off work due to a shoulder surgery 10 months after the accident for a condition that existed prior to the accident. The client had been released back to work after his neck fusion surgery which occurred 5 months after the accident. He was released back to work from his neck surgery and then required shoulder surgery.
A $650,000 settlement for a client who suffered a fracture subluxation injury to her neck in an accident where liability was disputed by the defendant company who employed the driver of the company van that caused the accident.
- Demonstrative Aide – Neck Surgery
A $400,000 settlement for two clients in an intersection collision. A driver of an F250 with trailer ran a red light and crashed into a vehicle containing an elderly couple. The driver husband suffered the more serious injuries including fractured ribs and a collapsed lung followed by complications including a bleeding ulcer and a deep vein thrombosis in his left leg. The passenger wife suffered soft tissue injuries. There were no wage claims.
A $260,000 settlement for a pedestrian who was struck by a passing car on Frankfort Avenue in Louisville. The evidence was the client may have been trying to beat the car in crossing the street. He had just parked his car and was crossing the street to have dinner with a friend. The client suffered orthopedic injuries to his leg, back pelvis, shoulder and ribs.
A $240,000 settlement for a client. The client required hip and elbow surgeries due to an accident where liability was disputed by the defendant company who employed the driver of the tractor-trailer rig that caused the accident. In addition, the defendant company paid $50,000 to the worker’s compensation lien holder which had paid medical bills for, and wages to, the client. According to the Kentucky Trial Court Review the only reported verdict in Jessamine County that was higher for pain and suffering in an auto accident jury trial was $265,000 for a young lady with disfiguring facial scars from an auto accident. In that case the jury awarded $200,000 for past pain and suffering and $65,000 for future pain and suffering. In this case the hip surgeon and elbow surgeon both testified the client was fully recovered from her injuries.
$173,000 jury verdict
A $173,000 jury verdict in Hardin v. USF Holland where Mr. Hardin was sitting at a stoplight when he was rear ended by a USF Holland tractor-trailer. He suffered back and shoulder injuries. The case was tried to a $173,000 jury verdict.
A $165,000 settlement for a client who suffered a permanent wrist injury following a collision in which the at-fault driver failed to yield the right of way and attempted to make a left-hand turn in the direct path of the vehicle driven by the client.
Wilson v. Phillip Morris
$2,000,000 jury verdict
A $2,000,000 jury verdict in Wilson v. Phillip Morris where Mrs. Wilson, a supervisor, suffered a mental breakdown and was unable to return to her job after being exposed to sexual harassment and retaliation by her subordinates. The case was tried to a $2,000,000 jury verdict. After a successful appeal, Phillip Morris paid Ms. Wilson well in excess of $3,000,000 due to the 12% appellate interest rate.
- Wilson Trial Narrative
Harper v. University of Louisville
$427,000 jury verdict
A $427,000 jury verdict in Harper v. University of Louisville, where an employee of the University’s Marketing Department was terminated five days after complaining about overspending in the department. In this “whistleblower” case, the jury found 11-1 that Ms. Harper was retaliated against for voicing her concerns over taxpayer spending. After the verdict, the Court ordered that U of L pay court costs and awarded Ms. Harper an additional $131,000 in attorney fees, for a total judgment of $560,000.
Spayd v. PNC Bank
$15,000 jury verdict
A $15,000 jury verdict in Spayd v. PNC Bank, where a bank teller at the PNC Oxmoor Branch was fired days after complaining of age discrimination. Ms. Spayd had applied for 31 different jobs within PNC Bank which all went to younger employees. A week after the H.R. department at PNC Bank decided that there was no age discrimination, an internal investigation was launched to determine if Ms. Spayd was dishonest on her PNC job application she had filled out five years prior. A Louisville jury determined that PNC Bank retaliated against Ms. Spayd for voicing her complaint of age discrimination. After the verdict, the Court ordered that PNC pay $4,284 in court costs and an additional $130,979 in attorney’s fees for a total judgment in excess of $150,000.
Jones v. City of Louisville
A $225,000 settlement in Jones v. City of Louisville where an undercover African-American police officer was shot three times by a Caucasian police officer who was pursuing the same suspect. Officer Jones lost a finger and missed a year of work. A $225,000 settlement was achieved.
James v. F.B.I.
A $195,000 settlement in James v. F.B.I. where after reporting misconduct and discrimination, Ms. James, an FBI agent, was reassigned and her previously high job assessments fell. Further, the plaintiff reported that her male counterparts consistently received better job assignments and evaluations. A $195,000 settlement was achieved.
Hancock v. Kentucky State Police
A $100,000 settlement in Hancock v. Kentucky State Police where a female cadet alleged discrimination and retaliation during her cadet-training program. A $100,000 settlement was achieved.
Holston v. Kentucky Fair Board
$58,000 jury verdict
A $58,000 jury verdict in Holston v. Kentucky Fair Board. Mr. Holston was a maintenance worker for 2 months at the Fairgrounds when he was fired by the Director of Human Resources in retaliation for complaining about being sexually propositioned, in graphic terms, by a male co-worker. The 12 member jury was unanimous on all three counts, i.e., harassment, retaliation, and damages, in finding for Mr. Holston. In addition the 2 alternate jurors indicated they would have found for Mr. Holston as well. The damages award consisted of $23,000 for back pay representing roughly 1 year of lost wages and $35,000 for emotional damages. This award does not include front pay or attorney’s fee which are to be determined by the judge.
A confidential settlement in a racial discrimination claim brought on behalf of over 30 African-American supervisors at a local company.
Petty v. Caritas Health Services
$7,500 jury verdict
A $7,500 jury verdict in Petty v. Caritas Health Services, where an African-American employee was fired, in violation of Kentucky Civil Rights Act, KRS 344.010, et seq., after complaining of racial harassment and a racially hostile work environment. Just days after reporting the use of an offensive racial epithet against him, Mr. Perry was terminated for unsubstantiated trumped up charges despite having worked without any documented incident of wrongdoing for a period of sixteen months. A Jefferson County jury determined that Caritas retaliated against Mr. Perry for bringing his complaints of racial discrimination to the attention of the management at Caritas Health Services. An attorney fee application was made thereafter for $98,040.00.
Other Recent Results
Beasey v. Abel Construction, Ford Motor Company and C-Logic
$314,000 jury verdict
A product liability case in which Mr. Beasey, a 58 year old security guard/fire officer, who was responding to an emergency, was injured when he fell into a hole that was not properly barricaded.
Klosterman v. Falling Rock Park
$10.5 million jury verdict
After being allowed to drink alcohol, unsupervised, while at Falling Rock Park, a patron left the premises intoxicated and struck and killed Mr. Klosterman, who was riding his motorcycle nearby.