Sample Settlements And Verdicts
Demas & Rosenthal, LLP
"There
is a wonderful power that goes with having a license to practice law,
and for us there is no greater satisfaction than representing the
little guy against the big guy, David against Goliath. It never ceases
to amaze us how little insurance companies and corporations value the
lives of our injured clients. Through advocacy on their behalf in our
great civil system, we are able to secure a measure of justice in each
case." John Demas and David Rosenthal
At Demas & Rosenthal,
we are committed to representing our clients to the fullest extent
possible and maximizing their monetary recovery. Many of the
settlements we have achieved for our clients are confidential in nature
and cannot be disclosed to the public. However, we have compiled the
following representative list of non-confidential settlements and
verdicts. Keep in mind that the facts are never exactly the same in any
two cases, and each case is as unique as the individuals who are the
parties to a lawsuit. The results in each case will vary accordingly.
For immediate advice on your particular personal injury matter, please call us for a free consultation at 1-800-717-1111 or click here to fill out our on-line case evaluation form.
Multiple Millions: Breast Implant Class Action Litigation
"Demas & Rosenthal LLP represented approximately 350 women in the breast implant class action litigation. The litigation lasted over ten years and we had to overcome endless legal, procedural and logistic hurdles. Nearly all thee cases have been settled, resulting in tens of millions of dollars in recoveries for our clients."
$4.5 million Jury Verdict: Auto Accident
"We obtained one of the largest jury verdicts ever for a car accident case against Sacramento County. We represented a motorist hit by a Sacramento County Sheriff’s Officer. Our client had a back surgery after the collision and we proved he was unable to work as a result of his back injury. The defense argued he could return to work if he has another back surgery, this time a more complicated and risky procedure called a back fusion. Before trial, defendants offered $1,000,000 to settle. Our last settlement offer was $1,900,000 with an indication we would accept $1,500,000 to settle. At trial we proved our client could not work as a result of the collision and that the decision to not have a fusion surgery was reasonable."
Medical Malpractice: $2 million
"Failure to timely diagnose and treat a plugged periventricular shunt on
a young boy, resulting in serious brain injury. The boy was born with
fluid on the brain, and a drain called a shunt was placed to relieve
the fluid in his head. The drain became clogged, and stopped working
causing fluid to back up in the head which increased pressure on his
brain. We were able to prove the doctors failed to recognize what the
problem was and unclog the shunt before brain injury occurred. With the
recovery, we were able to purchase an annuity to help provide for the
daily needs of our client."
$1.6 Million: Jury Verdict
"We
represented a tow truck driver called to defendant's house for a jump
start. He was injured when defendant helped pushed his vehicle despite
being told not to which caused plaintiff to be pinned between the
garage door frame and the vehicle. Defendant denied liability and never
made a settlement offer. Defendant's attorney indicated that he would
win this case "over 90%" of the time. We offered to settle throughout
the pendency of the case for less than $500,000. At trial we proved
that defendant was responsible and obtained a jury verdict of $1.6
million in a very conservative county."
$1.5 Million: Wrongful Death
"The decedent was on his first week of work as a truck driver when he was struck and killed by another truck in a freeway accident.
The decedent had pulled to the shoulder of the freeway and exited his
vehicle to adjust his load prior to being struck. The defendant
trucking company alleged that decedent was out on the roadway at the
time he was hit. We filed suit on behalf of the drivers widow and 2
children and were able to prove that the deceased was lawfully inside
the "gore point" of the freeway shoulder when the accident occurred.
Defendants settlement offer increased dramatically during jury
selection."
Products Liability: $1.4 million
"Man
had dominant arm degloving injury from a grain auger/conveyor at work,
when he placed his arm into the equipment to unclog a jammed item in
the line. We sued the product manufacturer and the installer, even
though the device was built and installed years ago, with no prior
injury history. The defect allegations were for failure to guard and
failure to have proper electrical safety mechanisms. We proved the
device was defectively built and installed which resulted in a
significant settlement for the claimant."
$1.3 Million: Wrongful Death
"We
represented the parents of a nine-year old girl electrocuted at a local
car wash after coming in contact with an ungrounded light pole. The
defendant car wash owner claimed he was not negligent because he didn't
know the pole was ungrounded and he relied on the electrical contractor
to service the car wash. The electrical contractor claimed he hadn't
serviced the subject light pole in over two years and when he last
serviced it, the pole was properly grounded. In addition, the
defendants' attempted to blame the mother of the deceased girl for
negligently supervising her by allowing her to walk around the car wash
at night. We were able to show that the car wash owner knew the subject
light pole was different than the other light poles yet did nothing
about it. In addition, we found out that the electrical contractor did
not maintain a valid contractors license for many years and the
condition of the light pole was such that a reasonable and competent
contractor would have seen and repaired it. The case settled shortly
before trial."
Confidential Settlement: Elder Abuse/Nursing Home Case:
"We represented the heirs of a woman who died when she was wedged between her mattress and the bed rail frame while a patient at a nursing home.
The case generated a great amount of local and national publicity. We
retained the best bed rail expert and pathologist to prove the
defendants were negligent. The case settled shortly before trial and we
obtained a significant confidential settlement against the nursing home
and the manufacturer of the mattress."
Medical Malpractice: $1 million:
"Failure
to diagnose and treat an abdominal cancerous tumor, requiring extensive
surgery and loss of income. The client previously had cancer, but a new
tumor developed without being detected by the doctors for over one
year. By the time the mass was discovered, major surgery was required
to remove it from the clients abdomen."
$1,000,000.00: (policy limits) - Pedestrian/Fracture Injury:
"Plaintiff is a 55 year old cleaning lady who was injured while walking home from work. She was on the sidewalk when the driver of a truck pulled out of a parking lot without looking and hit her.
She suffered broken ribs, a broken leg and fractured knee cap, and had
scarring on the lower part of her legs. We prepared a detailed
settlement demand documented by pictures, medical reports and drawings,
and were able to get the insurance company to pay the maximum allowed
under the defendants policy without filing a lawsuit. With a great
attitude and hard work during physical therapy, our client has achieved
a great recovery."
Automobile Collision: $900,000:
"Our
clients vehicle stalled on the way to work in the pre-dawn hours.
Another driver rear-ended our clients stalled car which caused a severe
back injury, and surgery. We were able to win the case for our client
despite the fact he was stalled in the roadway at dawn for several
minutes before the crash, and did not have his hazzard lights on."
$850,000: Neck Surgery/Truck Accident:
"Plaintiff was a truck driver who was rear-ended by pickup truck
pulling a boat. The defendant driver claimed that failure of the brakes
on the boat trailer caused the accident. Our investigation determined
that the boat trailer's brakes had recently been serviced by the dealer
that sold the boat and trailer, and that the negligence of the dealer
and the trailer manufacturer contributed to the accident."
Automobile Collision: $750,000:
"Driver
was rear-ended at low speed while at a stop sign on the way back to
college. The collision resulted in a severe neck injury requiring neck
surgery. We were able to secure a significant recovery for our client
despite the fact the client had previous neck pain and injuries, and
despite the fact that the impact force was relatively small and
produced no vehicle damage."