Hutton & Hutton has obtained numerous verdicts and settlements exceeding $1 million in Kansas, Oklahoma and other states. Our 7 largest recoveries average over $11 Million. If you are interested in the kinds of results we have obtained for our clients, please continue reading.

Personal Injury Verdicts
$23.6 million jury verdict. Aves, et al, v. Nasreen Shah, M.D., 997 F.2d 762 (10th Cir. 1993). Darcy Aves was severely injured during birth, resulting in severe mental and physical retardation, blindness and seizures from Cerebral Palsy. Darcy’s twin sister, Danna, was born healthy. The jury awarded $23.6 million, the largest jury verdict in Kansas and one of the largest personal injury verdicts in the nation.

$4.75 million jury verdict. Wooderson v. Ortho Pharmaceutical Corp., 235 Kan. 387, 681 P.2d 1038 (1984). Carol Wooderson lost both kidneys to a blood disorder caused by birth control pills and underwent two kidney transplants. The jury awarded $4.75 million. The manufacturers subsequently reduced the level of estrogen in birth control pills and added consumer information to their packaging.

$10 million jury verdict. Johnson v. American Cyanamid Co., 239 Kan. 279, 718 P.2d 1318 (1986). Emil Johnson contracted polio from his newly-vaccinated granddaughter and died from respiratory paralysis. The jury awarded $10 million, but a split Kansas Supreme Court, in a 4-3 decision, threw out the verdict. Despite this setback, the manufacturers began warning of the potential for contracting polio through personal contact.

$11.2 million jury verdict. O’Gilvie v. International Playtex, 821 F.2d 1438 (10th Cir. 1987). O’Gilvie died from Toxic Shock Syndrome after using Playtex super-absorbent tampons. The jury’s $11.2 million verdict led to the removal from the market of Playtex’s super-absorbent tampons and addition of warnings to packaging.

$15 million jury verdict. Graham v. Wyeth Labs, 666 F.Supp. 1483 (D. Kan. 1987). Michelle Graham had a severe neurological reaction to Wyeth Labs’ DPT vaccine and suffered severe brain damage. The jury awarded $15 million. Wyeth thereafter purified the vaccine.

$34 million jury verdict. Mason v. Texaco, 948 F.2d 1546 (10th Cir. 1991). Otis Mason died of leukemia caused by exposure to benzene, an industrial solvent and gasoline component, for which the jury awarded $34 million.

$6.3 million jury verdict. Gregory v. Carey, et al., 246 Kan. 504 (1990). In 1985 Mark Marquette was just 31 years old when he entered St. Joseph Hospital in Wichita, Kansas, for a routine arthroscopic surgical procedure on his knee. Defendant Carey administered anesthesia drugs and left Mark Marquette unattended in a pre-operative area where he had a reaction to the drugs. Twenty minutes later a nurse discovered that Mark Marquette had stopped breathing and that his heart was not beating. Thereafter, and until his death in 2003, Mark Marquette remained in a persistent vegetative state. The $6.3 million jury verdict provided Mark Marquette with the opportunity to remain living at a rehabilitation center instead of being transferred to a nursing home.

$9.5 million verdict with pre-judgment interest. Barrett v. St. Francis Hospital, Case No. CJ 85-4966, Tulsa, Oklahoma District Court. Seven year-old Elaina Barrett was injured in August 1983 when a horse she had been riding fell on her head, fracturing her skull. She underwent surgery to remove a blood clot in her head. All expected her to recover fully. Yet St. Francis negligently-handled her sudden respiratory problem post-anesthesia in the recovery room. As a result of St. Francis’ negligence, Elaina was left permanently brain damaged, wheelchair bound, and requiring 24-hour care for the remainder of her life.

$1.95 million verdict. Arvayo v. United States of America, 580 F.Supp. 753 (D. Kan. 1984). Jose M. Arvayo contracted bacterial meningitis and severe brain damage as a result of the failure of a family physician at McConnell Air Force Base to diagnose and treat the problem. The federal district court awarded $1.95 million, which was the largest Federal Tort Claims Act medical negligence verdict in Kansas. The 10th Circuit Court of Appeals reversed the verdict. 766 F.2d 1416 (10th Cir. 1985).

$1.245 million jury verdict. Aldoroty v. HCA Health Services of Kansas, Inc. d/b/a Wesley Medical Center. Neil Aldoroty, M.D., a Wichita psychiatrist, received yearly chest x-rays at Wesley Medical Center. Wesley Medical Center failed to report and compare x-rays from 1991 and 1992, which resulted in a late diagnosis of lymphoma. Radiation would have cured Dr. Aldoroty’s lymphoma would had he been diagnosed in 1991 or 1992. A Sedgwick County, Kansas, jury awarded $1.245 million in November of 1996.

$3.997 million jury verdict. Linnstaedter, et al., v. McFarland. Michael McCulley died as a result of a nine month delay in diagnosing his pancreatic cancer. The defendant, a local radiologist, never made an offer to settle the case. A Sedgwick County, Kansas, jury awarded $3.997 million to the family of Mike McCulley.

Auto and Truck Accidents
$2.1 million jury verdict. Vance v. Midwest Coast Transport, Inc., et al. Plaintiff, a 14-year-old, was a passenger in a vehicle driven by another minor. The minor driver ran into the back of a parked semi-truck Plaintiff’s right arm was almost torn off in the accident and, although saved, was rendered almost useless. Plaintiff claimed that the defendant truck driver violated federal maximum driving hours’ rules, causing him to park in a fatigued state in the middle of a dead-end street. Plaintiff also claimed the driver violated industry standards of care by failing to park in a truck stop, rest area or other secure location and that, at the very least, the truck driver should have utilized hazard flashers or put out reflective triangles. Plaintiff claimed that the defendant employers were responsible for the accident under the theory of respondeat superior and were independently at fault for negligently training and supervising their driver with regard to hours and parking rules.

Confidential Settlement. Peters v. Checkered Flag Productions, Inc., et al. Gabriel Peters was just 2 years old when he and his father, Tim Peters, attended a “Monster Truck Rally” at the Kansas State Fairgrounds in Hutchinson, Kansas. Thousands attended the event which featured large trucks racing, crushing and destroying other vehicles. The producers, Checkered Flag Productions and the Kansas State Fair, provided beer to the spectators who got “stirred up” watching the event. After the event, the producers sent the spectators on their way without any traffic control or security as they crossed the street from the fairgrounds to the parking lot. Thousands of pedestrians and vehicles flooded the streets of Hutchinson around the fairgrounds. An unknown driver, who likely attended the event, peeled out of Parking Lot C onto Plum Street directly in front of another vehicle. The driver of the second vehicle, distracted by the near collision with the squealing truck, struck Tim Peters who was carrying sleeping Gabriel in his arms. Gabriel was thrown from his father’s arms and struck his head on the concrete curb. As a result of the accident, Gabriel has severe brain damage and is completely dependent on others for every aspect of his care. Hutton & Hutton filed a lawsuit against the producers and the City of Hutchinson, Kansas for their failure to take any action to protect the “Monster Truck Rally” spectators after the event. The defendants moved to dismiss the case claiming they owed no duty to their customers and that the Kansas Tort Claims Act provided immunity to them. Hutton & Hutton attorney Derek Casey successfully opposed the motion, showing the Reno County Court that the defendants did have a duty to provide reasonable care by providing minimal traffic control and security and that they were not immune from responsibility for Gabriel’s terrible injuries. Days before trial was scheduled to begin the parties reached a confidential settlement. To learn more about this case, contact Hutton & Hutton.

Confidential Settlement. Steiner v. General Motors Corp. Perry Steiner and his daughter Amanda brought suit against General Motors after they were involved in a rollover in their 1998 Pontiac Montana. During the rollover, the roof structure of the Montana crushed downward onto Perry and Amanda Steiner, leaving both quadriplegics. Both were wearing their seatbelts and both were seated on the passenger side of the vehicle where the roof crushed. The other three family members were also belted and walked away from the wreck when the roof did not crush over their heads.

Cash Settlement. Cockrum v. General Motors Corp. The surviving parents of a young man brought suit against General Motors after their son was killed by fire when his motorcycle had an extremely low speed side impact with a GM pickup. Plaintiffs claimed that the GM pickup truck was defective in its design with side-saddle fuel tanks which exploded upon impact. At defendant’s request, the amount of settlement is confidential.

Confidential Settlement. Chamberlain v. General Motors Corp. Brian Chamberlain brought suit against General Motors after he was severely burned by fire when his Chevrolet pickup truck was struck by another pickup, causing an explosion upon impact. Plaintiff claimed the explosion occurred due to punctures and failures of the vulnerable side-mounted fuel tank and vulnerable filler neck of the Chevrolet pickup truck. After the U.S. District Court of Kansas ordered General Motors to disclose the amounts of its prior settlements of similar cases and to reveal the names of GM employees interviewed as a result of an internal investigation into document destruction by the corporation, GM elected to settle the case before the time set for compliance with those Court orders.

Cash/Structured Settlement. Phillips, et al. v. General Motors Corp. Alvin Phillips brought suit against General Motors on behalf of his daughter, Angela Byrd, son-in-law, Darrell Byrd, and grandsons, Timothy and Samuel Byrd. Angela, Darrell and Timothy were killed and Samuel was injured when their Chevrolet pickup truck became engulfed in flames following a collision with a tractor-trailer. Plaintiff claimed the explosion occurred due to punctures to the vulnerable side-mounted fuel tank. After the U.S. District Court of Montana ruled serious sanctions would be imposed against General Motors for its conduct in discovery and found there was a prima facie case that General Motors’ claims of privilege were vitiated by the crime-fraud exception, GM elected not to try the case. At defendant’s request, the amount of settlement is confidential.

Insurance Litigation
$25 million settlement. Olin Nelson, et al. v. St. Paul Fire & Marine Insurance Company, et al., No. 95G1088 (Brazoria County, Texas). This case involved insurance fraud upon oil and gas limited partnership investments. The case settled for $25 million.

Qui Tam Litigation (Whistleblower Suit)
Regan v. Medtronic, et al. Nos. 95-1236-MLB and 96-1309 MBL (D. Kan. 2001). J.L. Regan, a registered pharmacist, was fired from his sales position with Medtronic after he brought to management’s attention the fact that several salesmen were suppressing warranty credits on pacemakers, thus, depriving Medicare of appropriate cost reductions and inappropriately boosting sales levels on which the defendant salesmen received ill-gotten commissions. Suit was brought under the False Claims Act and the parties settled after bitter litigation.

Price Fixing and Unfair Competition Litigation
$32 million settlement. In Re Kansas Microsoft Litigation, No. 99-C17089 (consolidated cases; Johnson County, Kan. 2005). Bryce Bellinder, Barbara Mack and Jay Clifford Foster, as named representatives of this class action lawsuit, sought recovery under the Kansas Consumer Protection Act and Kansas Antitrust Act. Plaintiffs claimed economic harm to the Kansas economy and buying public resulting from Microsoft’s monopolistic conduct that enabled Microsoft to overcharge for its operating systems. After protracted litigation and negotiations, the case settled for $32 million.

Stanton, et al. v. BASF Magnetics GmbH., et al., No. 02-C1360 (Sedgwick County, Kan. 2004). This class action lawsuit was brought under the Kansas Consumer Protection Act and Kansas Antitrust Act. Plaintiffs sought recovery for economic harm to the Kansas economy and buying public resulting from the magnetic tape industry’s efforts to fix prices of the coating that enables recording to tape. Class representatives chose to benefit three Kansas charities with equal proceeds from settlement of this class action lawsuit.

$19 million settlement. Ciardi, et al. v. Hoffman-LaRoche, LTD, et al., No. 99-4656J (Middlesex Superior Ct., Mass. 2003). Valerie Ciardi and other class representatives in this class action lawsuit sought recovery for harm to the Massachusetts economy and buying public resulting from the vitamin industry’s manipulation of markets and price fixing efforts.

Dudley, et al., v. EMI Music Dist., No. 00-C1760 (Sedgwick County, Kan. 2004). Aaron Dudley sought recovery for harm to the Kansas economy and buying public resulting from the music industry having fixed supra-competitive wholesale prices for music CDs. This class action lawsuit was brought under the Kansas Consumer Protection Act and Kansas Antitrust Act and settled before trial.

Product Liability Litigation
In Re Silicone Breast Implants Product Liability Litigation, MDL 926 (N.D. Ala.). Representing over 1,100 individual women, Mark Hutton served as a member of the Plaintiffs’ Steering Committee ( PSC) and worked intensively as a member of the Science, Expert and Deposition subcommittees. In addition, Hutton & Hutton developed the medical articles database which was distributed by the PSC.

In Re Norplant Contraceptive Products Liability Litigation, MDL 1038 (E.D. Tex.). Mark Hutton was a member of the Plaintiffs’ Steering Committee in the Norplant litigation, concentrating his efforts on the Science, Expert and Deposition subcommittees. He settled cases on behalf of hundreds of his individual clients.

Castano v. The American Tobacco Company, et al., Case No. 94-1044 (E.D. La.). Andrew Hutton served on the Plaintiffs’ Liaison Counsel for this class action. He was the co-chair of the Science and Causation Committee among the 65-member consortium of lawyers. In addition, Andy Hutton has litigated against manufacturers of smokeless tobacco. He has also investigated tobacco addiction cases in Kansas, Oklahoma and Hawaii and deceptive tobacco marketing cases across the nation.

In Re Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Products Liability Litigation, MDL 98-20113 (E.D. Pa.). Andy Hutton was one of seven trial lawyers appointed to the Fen-Phen Discovery Litigation. He was also appointed as the Kansas and Midwest Area State Liaison for the nationwide litigation.

In Re Bextra and Celebrex Marketing, Sales Practices and Products Liability Litigation, 05-CV-01699 (N.D. Ca.). On September 6, 2005, all individual lawsuits filed in federal court involving Bextra and Celebrex were consolidated for discovery purposes. Hutton & Hutton, with Mark Hutton as lead counsel, has filed many personal injury cases against Merck, the manufacturer of Vioxx, and Pfizer, the manufacturer of Bextra and Celebrex. Plaintiffs assert that these Cox-2 inhibitors have caused cardiovascular injuries and, in the case of Bextra, a skin injury known as Stevens-Johnson Syndrome. Hutton & Hutton’s Liz Dudley has been appointed to the PSC’s Science & Expert Committee and the Discovery Committee.

 

Please note, where settlement amounts are not listed in the represented cases above, it is because the defendant insisted on confidentiality of the settlement amount as a condition of settlement.