Verdicts And Settlements

---

The following is a list of representative verdicts and settlements obtained by our firm. It is not all-inclusive, and it is important to remember that every case is unique according to the circumstances, facts, jury, judge, and numerous other factors.

$10,000,000 Settlement || Medical Malpractice to Infant: Failure to Timely Diagnose and Treat Viral Meningitis

A three week old baby suffered catastrophic neurological injuries when his physicians and hospital nurses failed to properly diagnose and treat viral meningitis.  As a result the infant suffered severe brain damage and will require 24/7 attendant nursing care for the remainder of his life.  During discovery, it was learned that the hospital had inadequate nursing and transfer policies which led to a delay in proper assessment and diagnosis.   The settlement will allow the parents to give their son the best available attendant care and supervision in their home.

$7,950,000 Settlement ||  Medical Malpractice Wrongful Death: Failure to Monitor and Stabilize Patient Following Cardiothoracic Surgery            

A 54 year old father and husband underwent successful cardiac value replacement surgery.  Following surgery, the patient’s assigned post-surgical nurses and surgeons failed to properly diagnose and treat septic shock which led to his untimely death.  The settlement included a binding provision obligating the hospital to provide a mandatory quarterly training program for its staff and nurses to better recognize the signs and symptoms of post-surgical complications following heart surgery.  The attorneys at Perenich Law Injury Attorneys were co-counsel for the family with another medical malpractice firm.

$2,630,000 || Combined Verdict and Settlement: Medical Malpractice – Cervical Spine Injection

A 24-year-old female died from complications following a nerve root cervical injection of an anesthetic and anti-inflammatory drug. The procedure was performed without fluoroscopy and the injection penetrated the nerve root sleeve, causing cardio-pulmonary arrest leading to brain death. The jury awarded $1.73M against the doctor who performed the surgery to the woman’s parents after the parents settled before trial with the medical clinic, another doctor, and paramedics.

$2,150,000 || Settlement: Auto Accident – DUI

The parents of a 12-year-old killed by an alcohol and drug impaired hit-and-run driver recovered from the driver and the general contractor who failed to properly maintain a pedestrian walkway adjoining a construction work site.

$1,377,000 || Loan Forgiveness: Commercial Mortgage Foreclosure

Bank agreed to forgive a commercial mortgage and deed apartment property to borrowers free and clear following counterclaim based on fraud in the inducement and misrepresentation.

$1,232,000 || Verdict and Settlement: Auto Accident – DUI | Bad Faith

X-ray technician was injured in DUI crash and sustained multiple injuries necessitating lumbar fusion/spinal surgery. Case was filed against uninsured motorist carrier and bar that negligently served alcohol to habitual drunkard. Following a 5-day trial, the jury awarded $482,000. The verdict exceeded the available policy limits by $382,000, and total recovery for bad faith refusal to settle case against insurance company was for $750,000.

$825,000 || Settlement: Medical Malpractice

Settlement was recovered for the wrongful death of a 34-year-old mother of two children. The patient failed to receive timely blood transfusion and died following post surgical internal bleeding for laparoscopic procedure at hospital. Settlement paid on behalf of hospital and physicians who failed to recognize that the patient was in hypovolemic shock from severe blood and fluid loss causing cardiac arrest.

$750,000 || Settlement: Auto Accident

24-year-old special education teacher suffered multiple fractures to pelvis and cervical spine from motorist who ran red light. The at-fault driver was employee of rental car company that initially denied liability. After retaining the firm, a prompt investigation of 911 records resulted in the discovery of an eyewitness that confirmed rental car driver ran the red light.

$750,000 || Settlement: Medical Malpractice – Kyphoplasty Surgery

A 64-year-old female died as a result of complications arising out of thoracic kyphoplasty surgery. The cement extravasated into the spinal canal, resulting in spinal cord damage, paralysis, and ultimately death.

$700,000 || Jury Verdict: Negligence – Pedestrian Accident

Following a 2-week jury trial, a pedestrian recovered damages for a crushed pelvis and permanent colostomy from a paving company and motorist. The plaintiff was hit while walking along a rural road in Pasco County. The insurance company denied coverage, and a separate claim was filed for insurance bad faith refusal to defend and indemnify additional insured under the policy.

$685,000 || Settlement: Negligence – Personal Injury

68-year-old man who was hit from behind by a semi-tractor truck at a concrete mixing plant obtained a pre-trial settlement and jury verdict against construction materials plant and trucking company. His injuries included a crushed foot requiring hammertoe surgery.

$500,000 || Settlement: Disability Benefits – Insurance

Oral surgeon was denied disability benefits from a national disability insurer. The case involved extensive federal court litigation prior to settlement.

$300,000 || Settlement: Product Liability

Plaintiff injured his hand and severed fingers due to defective well-drilling equipment. The case involved extensive federal court litigation against an out-of-state manufacturer, and the settlement resulted from successful Federal Arbitration Award.

$300,000 || Settlement: Wrongful Death

Parents recovered a policy limits settlement for their one-year-old child who was wrongfully killed due to shaken baby syndrome while in custody of day care worker. Insurance company initially denied coverage but following litigation and retention of insurance coverage experts, offered parents policy limits settlement. The day care worker was prosecuted and is currently serving 20-year sentence for Second Degree Murder.

$275,000 || Settlement: Auto Accident

Dance studio owner who was hit from behind in stopped traffic by a truck carrying a front end loader for delivery. Injury caused multiple cervical disc herniations and carpal tunnel syndrome, both requiring surgery. Insurance company for the truck driver denied liability. Discovery during litigation determined that truck driver was distracted and failed to keep a proper lookout for vehicles stopping in traffic.

$225,000 || Settlement: Auto Accident – Head-On Collision

Machine shop technician was stuck by teenage driver in head-on collision. Injuries included herniated disc in low back and aggravation of spondylolisthesis (bone in lower spine slips out of position on to bone below it) requiring surgery. During litigation, discovery revealed that the at-fault teen was on her way to a birthday party and was unable to see oncoming traffic because of several balloons in vehicle.

$200,000 || Jury Verdict: Auto Accident

Semi-retired certified nurse assistant involved in rear-end motor vehicle collision. The verdict was over 50 times higher than highest pre-trial settlement offer and resulted in excess verdict and bad faith insurance claim against carrier for refusal to tender policy limits prior to trial. The verdict was upheld on appeal.

$155,000 || Settlement: Auto Accident

21-year-old mother hit by inattentive driver of pick-up truck. The rear-end accident caused extensive property damage and client’s treating physicians opined that the injured person required fusion of her neck due to the accident.

$130,000 || Settlement: Automobile Accident – Wrongful Death

A 16-year-old male was killed when his vehicle was hit by a speeding truck with defective brakes. The case was transferred to FIGA following the insurer’s insolvency.

$77,500 || Settlement: Premises Liability – Drowning

A 22-year-old male drowned in a lake located on defendants’ property during an event hosted by defendants. No warning signs or lifeguards were present.

$43,600 || Verdict: Breach of Contract – Construction

Judge awarded plaintiff’s full damages and interest following bench trial on damages against a contractor and building materials supplier who defaulted.