WHISTLE BLOWER ACTION - $3.5 MILLION
Sacramento, CA - Medicare Fraud – Federal False Claims Act, Sacramento, CA: In this case, we represented a terminated employee of Sierra Vista Hospital who reported improper Medicare billing practices of the hospital for inpatient and outpatient care. We filed a Qui Tam Action in federal court under the False Claims Act, and worked with the U.S. Attorney’s office in prosecuting the action. Based on the strength of the evidence uncovered in the case, an out of court settlement was reached in the sum of $3,500,000.
AUTO ACCIDENT CASE – $2.4 MILLION
Timbuctoo, CA: We represented a 52 year old woman involved in a head-on collision on rural Highway 20 in Yuba County, California. The other vehicle, which crossed over the center line, was driven by an employee of a large national beverage corporation on his way home from work. Our client sustained significant injuries including five fractured ribs, a ruptured spleen, a lacerated liver, a fractured elbow, a fractured wrist, a shattered left femur, and a broken pelvis. A major issue in the case was whether the defendant employee was in the course and scope of his employment at the time of the accident. We took a pro-active course of action and brought a Motion for Summary Judgment on the employment issue. We won that motion, and utilized the mediation process to effectuate a $2,400,000 settlement prior to trial.
WRONGFUL DEATH – TREE LIMB FAILURE – $1.2 MILLION
Sacramento, CA: In one of the most tragic cases we have handled, a large tree limb fell from an English elm tree in a downtown Sacramento city park onto a toddler lying in his stroller. Three Sacramento lawyers had turned the case down before we were consulted. We investigated the history of the park and found that two years prior, the city had built a children’s playground underneath four 100 year-old elm trees without performing a written tree hazard evaluation during the master planning process. There had been four large limb failures from the same trees in the eight months prior to the incident. We alleged the City had notice of the prior limb failures, and created a dangerous condition when they built the playground directly under the elm trees without trimming potentially dangerous limbs, and taking adequate measures to minimize the risks of potential limb failure. The City argued there was no way to predict the limb failure. Utilizing mediation, the City of Sacramento agreed to pay the parents of the minor child $1,200,000 to resolve the claim and avoid trial.
wrongful death – ASST. living Facility – $975,000
Sacramento, CA: In a similarly tragic incident, we represented the heirs of an elderly female in a residential care facility, (RCFE). She suffered from a medical condition affecting her fine motor movements. The facility allowed her to smoke out in the breezeway of the facility each day unsupervised. She dropped her cigarette and ignited her clothing, causing critical burns. The facility argued the application of the $250,000 MICRA cap on general damages. We took over 25 depositions, showing the facility "recklessly disregarded" her rights and safety. Faced with the possibility of enhanced damages under EDACPA, the facility paid $975,000 prior to trial.
UNDER INSURED MOTORIST CLAIM – $500,000
Fresno, CA: We represented a respected dental surgeon involved in a Fresno County automobile accident who was rear-ended at high speed, causing a disc herniation in his cervical spine, which affected his ability to practice. We recovered the underlying $100,000.00 third party policy limits, and an additional $400,000 from his own uninsured motorist carrier.
AUTOMOBILE – BICYCLE ACCIDENT – $490,000
Davis, CA: We represented a 54 year-old woman who was riding her bicycle in downtown Davis, CA when she was struck head on by an employee of UC Davis driving a mail delivery van. The driver had deviated from her delivery route to make a stop to conduct personal banking business. The University claimed she was not in the scope of her employment at the time of the collision. We brought a Motion for Summary Judgment on the issue and won. Our client sustained serious upper back and neck injuries requiring nerve ablation therapy. The University settled the claim for $490,000 prior to trial.
DANGEROUS CONDITION PUBLIC PROPERTY – $354,000
Marin County, CA. Auto Accident, single car rollover. We obtained a total settlement of $354,000.00 for a passenger involved in a single car rollover on Sir Francis Drake Blvd. in Marin County. Our client was a back seat passenger in the rollover and sustained a fractured shoulder when she braced for the rollover with her arm up on the roof of the vehicle. She exhibited symptoms of Reflex Sympathetic Dystrophy following the incident.
UNLEASHED DOG ATTACKS – $300,000
Sacramento, CA: In this unfortunate incident, an elderly resident of Sacramento walked out her front door one morning and was charged by her neighbor's dog. She sustained a broken hip causing her to be admitted to a nursing home. Her neighbor had returned from a shopping trip, opened the garage door and failed to control the dog. We obtained a policy limit settlement of $300,000.
Pasadena, CA: In a similar accident, a 77 year-old gentleman was taking his small dog for a walk one morning when he was also charged by an unleashed neighbor’s dog. He was knocked to the ground sustaining a mild traumatic brain injury. He suffered a speech deficit thereafter, and we recovered policy limits from the neighbor’s homeowners policy in the sum of $300,000.
AUTO ACCIDENT / single car – $285,000
Ferrari Boxer / Oregon: We represented the passenger riding in a Ferrari Boxer that was involved in a single car auto accident (crash into a tree) in the State of Oregon. Our client sustained a disc injury to his neck that required a C5-6 fusion. The defense attorneys alleged that the incident occurred as a result of both driver and passenger being under the influence of alcohol after a class reunion. We negotiated a successful settlement of the neck injury claim at mediation for $285,000.
auto accident / rear end / disc injury - $250,000
We represented this dental specialist traveling on J Street when rear-ended in downtown Sacramento, and recovered policy limits of $250,000.00 from a local attorney for severe neck injuries requiring injections and surgery and which affected our clients ability to continue working in the dental field.
AUTOMOBILE ACCIDENT / river road – $240,000
Yolo County, CA, head-on collision / Knee injury. We represented the driver of a van who was traveling with his family when hit head-on by a drunk driver as they were proceeding southbound on SR 160 near Courtland, CA. Our client’s orthopedic surgeon testified regarding his knee injuries and that he may require knee surgery and/or replacement sometime in the future. A settlement of $240,000 was obtained for the driver based on the physician’s testimony.
PRODUCTS LIABILITY / DEFECTIVE WINCH – $150,000
Lassen County, CA - Ryder Car Carrying Trailer / Neck Injury. We represented a woman standing on the edge of the trailer reaching inside the driver’s door to steer it up onto a Ryder Car Carrying Trailer while her husband operated the winch. The winch failed, and the open driver’s side door knocked her off the side of the trailer when the vehicle rolled back. The defense claimed that she was negligent for not being properly seated inside the vehicle as she was steering. We proved that the winch failed and released the car while it was in the locked position and obtained a mediated settlement from three manufacturers for $150,000.
AMUSEMENT PARK LIABILITY / six flags - $140,000
Solano County, CA - Minor child / Six Flags Marine World. We represented a nine year old boy against Six Flags Marine World of Vallejo, CA who was thrown from a ride sustaining a laceration on the back of his knee which left residual scarring as well as multiple soft-tissue injuries. Six Flags claimed the boy climbed out of the ride carriage and caused his own injuries. In a court approved settlement, the claim was resolved in the sum of $140,000 for the plaintiffs.
other RECENT CASES:
Sacramento, CA: Auto Accident, Neck Injury, C5-6 - $192,500
Sacramento, CA: Wrongful Termination, racial discrimination - $190,000
Marysville, CA: Hospital and Nursing Negligence, 2 falls - $162,500
Sacramento, CA: Auto Accident, rear end, neck injury to real estate agent - $135,000
Antelope, CA: Drunk Driver exiting convenience store, hit and run - $100,000
Stanislaus County, CA: Drunk Driver, Rear end accident, neck injury - $100,000
Los Angeles County, Wrongful Death - daughter, policy limits - $100,000
Los Angeles, CA: Freeway rear-ender, neck injury to C3-4 - $100,000
San Francisco, CA: Trip and Fall, 80 year old tourist, sidewalk elevator - $100,000
El Dorado County, CA: Auto Accident, uninsured motorist action - $100,000
Lodi, CA: Uninsured Motorist action, law student, back injury - $100,000
Solano County, CA: Auto Accident, DUI, policy limit, wrongful death - $100,000
Fair Oaks, CA: Auto Accident, aggravated pre-existing neck injury - $95,000
Sacramento, CA: Auto Accident, multiple defendants, neck injury - $90,000
Sacramento, CA: Auto Accident, U-Turn, back and neck injury - $77,500
Tulare County, CA: Race track trip and fall, knee injury, premises liability - 67,500