Ohio Personal Injury Cases
The Ohio personal injury attorneys of LEWM
believe that the most important benefit to society in having a civil justice system (civil court trials) is that it encourages people to act responsibly. If someone acts recklessly and injures another, the civil justice system will require that irresponsible person or company (or insurance company) to be accountable for the harm caused--no more, no less. This accountability can only take the form of appropriate compensation to the person who was injured. Unfortunately, juries cannot go back in time to tell the irresponsible person to modify his or her behavior to avoid causing the harm, nor can a jury tell a company or person that it must alter its inappropriate behavior moving forward. Instead, a civil jury can only make an award of compensation that will pay back the medical bills; compensate for lost wages and benefits; pay for future medical and rehabilitative needs; and make an award that reflects what the person and the family have lost in more human terms, such as losing a family member or losing the little things in life that we all take for granted.
It is with this understanding that we publicize some of our more meaningful successes below, which we believe reflect the quality of work we do for our clients, and, just as importantly, we hope help will make our society a little bit safer, by encouraging people and companies to act responsibly.
MOST RECENT PERSONAL INJURY CASES
$584,000 Verdict, October 2010
A Cuyahoga County jury awarded a $584,000 verdict to a construction worker who had been injured when he was struck by a construction vehicle. The verdict will be adjusted to reflect a finding of 30% fault on behalf of the worker. The case was tried by partners Ryan Fisher and Greg Scott.
$10.4 Million Verdict
Partners James Lowe and Dennis Mulvihill won a $10.4 million verdict in Palm Beach County, Florida, against Ford Motor Company, for their client who was paralyzed by a defective seat in a Ford Explorer.
On October 30, 2001, Donna Grimes, age 60, was properly seat belted and operating her 2000 Ford Explorer. While stopped and waiting to turn left into her tennis club, her vehicle was struck from behind by a Toyota Solara, traveling at approximately 60 miles per hour. The teeth on the recliner mechanism gears stripped and sheared off, and Donna Grimes' seat collapsed onto the rear seat, allowing her to be thrown out of her seatbelt into the rear seatback where she suffered a severely fractured cervical spine, leaving her a quadriplegic.
The jury found that Ford Motor Company had placed the Explorer on the market with a defect in the seat design which was a legal cause of the Plaintiff's severe injuries. The unanimous verdict awarded $1 million to Richard Grimes, Donna's husband, for his losses and $9.4 million to Donna Grimes.
The jury of five men and one woman deliberated for a total of approximately 11 hours over three days before returning their verdict for the Plaintiffs.
$2.5 Million Verdict
In what is believed to be the largest malpractice verdict ever in Butler County, Ohio, partner Dennis Mulvihill won a trial against a local surgeon who, during a Greenfield Filter procedure, pierced the atrium and the pericardial sac (the tough sac that surrounds the heart) causing the patient to bleed to death on the operating table.
The patient was a retried Bowling Green and Miami University psychology professor, who was unmarried, but was survived by his three adult children.
After a six day trial, the Butler County jury found the doctor liable for malpractice and awarded the family $2,500,000.00.
The client had developed deep vein thrombosis (blood clots) in the left leg, and then multiple pulmonary emboli (blood clots in the lungs that traveled from the left leg) making breathing difficult. After blood thinners were ruled out as a treatment option, the filter was properly chosen as the treatment of choice. The filter is a stainless steel device that looks like an umbrella, without the fabric, which is placed into the inferior vena cava. Since all of the blood from the lower extremities travels to the heart and lungs through the inferior vena cava, any clot that might break free (called an embolus) must pass through the inferior vena cava. The filter catches the clots, but does not interrupt blood flow, and allows the body time to naturally dissolve the clots.
During the procedure, the doctor pierced the atrium and pericardium with either the dilator or the guide wire; there was considerable disagreement during the trial which instrument caused the damage. It was Mulvihill's position that piercing the atrium and the pericardial sac was impossible if the doctor had been paying attention, and thus, was malpractice.
The defense countered that the puncturing of the heart was a known complication, but the evidence developed during the case demonstrated that there had never been a reported incident like the complication created by the defendant doctor-piercing the atrium and the pericardium.
Mulvihill used a sophisticated animation to demonstrate to the jury how the doctor went off course during the procedure and inflicted the fatal wounds to the heart and pericardium.
$4.3 Million Verdict
Truck driver suffered severe permanent injuries, including blindness, when a defectively designed hatch lid on a tanker trailer failed to hold when under pressure, causing him to be drenched in hydrochloric acid.
$2 Million Settlement
Birth injury - failure to diagnose fetal distress. Physician failed to recognize and respond to indications of fetal distress as shown by the fetal monitor strips, resulting in brain injury to infant.
$2 Million Trial Verdict — reduced by loss of chance percentage
Failure to diagnose lung cancer. Family physician interpreted x-ray finding as Tuberculosis, resulting in two-year delay in diagnosis of lung cancer.
$1.6 Million Verdict
Teenage girl suffered paralyzing injuries as the result of a defective seatbelt design which permitted her to be ejected when the vehicle in which she was riding rolled over.
$1.5 Million Trial Verdict
Defective design of door handle on commercial truck. Manufacturer of refuse truck designed passenger door with unprotected, latch-type handle, allowing for inadvertent opening while truck being driven on roadway. Passenger killed when he inadvertently opened door, and was pulled under the tires of the moving vehicle when he reached to close the door.
$1.4 Million Verdict — over $2 Million with interest
Negligent hospital maintenance permitted fire which resulted in severe property damage and business interruption.
$1.2 Million Trial Verdict
Surgeon's failure to treat complication arising from gallbladder surgery. Patient died several weeks following removal of his gallbladder when surgeon failed to recognize leaking cystic duct.
Failure to diagnose heart attack. Emergency room physician failed to recognize signs of impending heart attack, discharging patient who died at home.
Hospital overdose of morphine. Excessive amount of Morphine administered to patient following surgery causing respiratory depression when transferred to regular nursing floor. Nurses failed to monitor patient resulting in brain injury.
Seatback failure in low speed, rear impact. Belted male driver thrown rearward, resulting in quadriplegia and blindness.
Seatback failure in low speed, rear impact, resulting in paraplegia.
Wrongful death of mother and child in the rollover of a sport utility vehicle.
Wrongful death of an adult driver when his airbag deployed suddenly and without an impact, causing the driver to lose control of the vehicle which left the roadway and struck a grove of trees.
Wrongful death of a child killed by an airbag which deployed with excessive force in a low-speed collision.
Wrongful death of husband and wife who were killed in a rollover accident when the seatbelt stitching tore loose, resulting in an additional 15 to 20 inches of seatbelt webbing, allowing husband to be ejected from the vehicle while still wearing his seatbelt.
Young woman rendered quadriplegic when her passenger automobile rolled over and she was ejected because her seatbelt was attached to her door, which came open during the course of the rollover, taking the seatbelt with it and leaving her unrestrained.