ILLUSTRATIVE VERDICTS & SETTLEMENTS

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

Punitive Damages in an undetermined amount were awarded separately

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.

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.

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.

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.