CASE RESULTS

Product Liability Cases
Medical Malpractice Cases
Medical Negligence Cases
Construction Accident Cases
Inadequate Security Cases
Automobile Accident Cases
Premises Liability Cases
Insurance Coverage Cases
Land Condemnation Cases
Disclaimer

PRODUCT LIABILITIES CASES

Product Liability (medical device). Bill Horsley and Vicki Goldstein resolved a claim against the manufacturer of a laparoscopic probe, which malfunctioned during surgery to ablate endometriosis. The device in question allowed the surgeon to introduce laser fiber and, at the tip, to deflect the fiber. Although product literature cautioned against deflecting the fiber more than 45 degrees, it nevertheless would allow that to occur. During the surgery the tip was over flexed, causing a piece of the fiber to break loose and fall into the patient's abdominal cavity. A laboratory was then performed in an unsuccessful attempt to locate the broken fiber. The client subsequently developed abdominal adhesions, which required additional surgery. The trial of the case resulted in a "hung jury" and mistrial. The case was subsequently settled for a confidential amount.

Product Liability (defective electric fan). Bill Horsley represented the mother of two small girls who died in a mobile home fire. The fire was caused by a defective switch in an oscillating fan. The fan, sold in the United States by General Electric, had been recalled due to the defect and was sold to the children's grandparents by Winn-Dixie Stores after the recall. The case was settled for $1.8 million.

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MEDICAL MALPRACTICE CASES

Medical Malpractice. Bill Horsley represented a young man who was erroneously advised that a blood test was HIV-positive. The blood sample in question was not the client's blood type, but this error was not discovered until a lawsuit was filed, two years later. The case was settled at mediation, with both the physician's office and the lab contributing to the settlement. The terms of the settlement are confidential.

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MEDICAL NEGLIGENCE CASES

Medical Negligence. Bill Horsley represented a young woman who underwent endoscopic carpal tunnel release. During the operation, the ulnar nerve was severed when the cannula was inserted too far toward the ulnar border of the wrist. The injury was not detected at the time. Later, the client developed an ulnar palsy, and additional surgery was required to repair the damaged nerve. This injury resulted in a 60% loss of use of the client's dominant hand. The case was settled for a confidential amount.

Medical Negligence. Bill Horsley resolved a claim against a radiologist for failing to detect suspicious microcalcifications and increased areas of density in a screening mammogram. The following year, the cancer was detected. The client underwent extensive treatment including radical mastectomy, chemotherapy, radiation and bone marrow stem transplantation. The cancer metastasized into her lungs, requiring removal of a portion of each lung. The case was resolved at mediation.

Medical Negligence. Bill Horsley represented a man who underwent septoplasty, turbinate reduction and ethmoidectomy. During the surgery, the patient suffered a dehiscence in the left foveal ethoidalis, which allowed the "escape" of some brain matter. It was alleged that the surgery was unnecessary to treat client's condition and that the ENT performed the surgery carelessly. The dehiscence healed with no further surgery. The case was settled, without suit, for a confidential amount.

Medical Negligence. Bill Horsley represented the family of a man who died when his tracheotomy tube became dislodged. The man was in the hospital for plasma pharesis for treatment of myesthenia gravis. The man was unable to move or communicate during this time and could not breathe off the ventilator. We alleged that the nurse on duty was not at her station when the alarm went off to notify her of a problem. The hospital contended there was a defect in the ventilator, but engineers were unable to find such a defect. The case was settled for a confidential amount without suit.

Medical Negligence. Bill Horsley represented a woman who underwent a cervical diskectomy and fusion. When her symptoms did not improve, she returned to defendant neurosurgeon, who told her that the disk below the level previously fused now needed to be fused. In fact, he had removed the wrong disk and fused the wrong level. Despite an admission in his deposition that he had removed the incorrect disk, the claim continued to be contested until just before trial, when it settled for a confidential amount.

Medical Negligence. Bill represented a man whose medication for bipolar disorder was changed from Lithium to Tegretol. Defendant family physician continued to prescribe Tegretol despite abnorma. liver function tests, and actually increased plaintiff’s dosage. Plaintiff developed Tegretol toxicity resulting in renal insufficiency, atrial fibrillation, and chronic liver disease. Terms of the settlement are confidential.

Medical Negligence. Bill represented a man whose wife, a chronic alcoholic, developed acute pancreatitis following a hernia repair. She presented to the emergency department at the local hospital with complaints of severe abdominal pain and was diagnosed with "post operative pain" and sent home. No tests were conducted. She died later that night from acute pancreatitis. Terms of the settlement are confidential.

Medical Negligence. Bill represented the family of a college athlete who consulted student health service with complaints of fatigue, weight loss, and difficulty breathing. Since she has a history of asthma, no testing was done to rule out any other diagnosis. She subsequently collapsed and died as a result of chronic pulmonary embolism. Terms of the settlement are confidential.

Medical Negligence. Bill represented a woman who had undergone several years of psychiatric treatment. Her psychiatrist "fell in love" with her, attempted to discharge her from his care, and began a sexual relationship with her, resulting in a worsened mental state. Terms of the settlement are confidential.

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CONSTRUCTION ACCIDENT CASES

Construction Accident (wall collapse). Bill Horsley represented a man who was employed by a masonry subcontractor on a school construction project. During high winds, a cinder block wall negligently left unbraced by the general contractor collapsed and fell onto the client, causing severe leg and back injuries. The client was permanently disabled by the injuries. The case was settled before trial. Bill was able to negotiate a waiver of the Workers' Compensation lien as a part of the settlement.

Construction Accident. Bill Horsley represented the family of a young man who was killed when he fell through an unguarded opening in the roof of a construction project. He was survived by his 3-year old son and his wife, who was expecting the couple's second child. The case resulted in a structured settlement, to which both the general contractor and the decedent's employer contributed.

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INADEQUATE SECURITY CASES

Inadequate Security. Jeff Peraldo and Bill Horsley represented a young man who was shot in the back as an innocent bystander, following an altercation at an all night restaurant. The client was paralyzed from the waist down. There was a history of late-night violence in the neighborhood and particularly at the restaurant. During the altercation, restaurant staff hid in a storeroom without calling police for assistance, leaving customers on their own. The case was settled shortly before trial for a confidential amount.

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AUTOMOBILE ACCIDENT CASES

Automobile Accident. Bill Horsley represented a man who was terribly injured when his truck was struck by an 18-wheeler negligently operated by the defendant. Injuries included the loss of a leg and evisceration. Following settlement of the personal injury claim, the Workers' Compensation carrier, Liberty Mutual, refused to compromise its lien, claiming reimbursement of at least $750,000 out of the settlement proceeds. Following a lengthy hearing, the Court reduced the lien to $75,000 and then ruled that the carrier had to pay its pro-rata share of attorney fees and litigation costs, reducing the amount it was to be repaid to less than $50,000. The ruling was affirmed in an unpublished opinion by the North Carolina Court of Appeals.

Automobile Accident. Bill Horsley represented a man who suffered significant head trauma when his car was hit head-on by a sheriff's patrol car. The deputy sheriff was allegedly fleeing the husband of his girlfriend at the time, having been caught in flagrante. The client was left permanently disabled as a result of his injuries. The case was settled without suit. Following the settlement, Bill was able to arrange for a financial manager to handle the client's finances. Settlement funds were used to buy the client a house and car, and the financial manager pays the client's bills out of the remaining funds. If the client lives a normal life expectancy, at his death the corpus of the funds will still be intact, as he is completely supported by the income earned by investing the settlement proceeds.

Automobile Accident. Bill Horsley represented a young woman who, while still in high school, suffered a rotator cuff tear when her vehicle was rear-ended in the school parking lot by the school "Resource Officer," a deputy sheriff. She underwent surgery and anticipated additional surgery. The case was settled at mediation for $107,500.

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PREMISES LIABILITY CASES

Premises Liability. Bill Horsley represented a 72-year old woman who was attacked by a neighbor's dog while she was on her routine walk around the neighborhood. Investigation revealed that the dog, a German shepherd, had previously attacked three other persons and the owners were aware of the prior attacks. The case was settled without litigation.

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INSURANCE COVERAGE CASES

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LAND CONDEMNATION CASES

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DISCLAIMER: These summaries are intended for informational purposes only and are not to be considered as any kind of guarantee, warranty or prediction concerning any other case. Every case is different, and the outcome is dictated by facts and circumstances unique to it. A good result in one case should not raise expectations of good results in any other case, regardless of any similarities.

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