Latest Personal Injury Cases

$1,825,000 (automobile v. bicycle rider, wrongful death):

Doe v. Roe (Identities of the parties are confidential at the request of the defendant)

Mr. Crandall represented the parents of Alex G., a 28 year old avid triathlete, who was struck and killed while riding his bike in a designated bike lane. The driver of the truck was an employee of defendant. The driver of the truck made an abrupt right turn and ran over Alex with the rear tires of the truck. The driver of the truck remained at the accident scene, however he did not identify himself as the driver who caused the accident. Alex died later that day at the hospital. The driver of the truck eventually was questioned by police and admitted his involvement in the accident.

Resulted in $1,825,000 settlement at mediation.

$1,080,000.00 (medical negligence and product liability):

Carol A., Marsha F., Estela C. v. Jane Doe, M.D., and John Doe Contact Lens v. Manufacturing Company (Identities of the parties are confidential at the request of the defendants)

All three plaintiffs presented to Jane Doe, M.D for bilateral LASIK surgery. The surgeries took place over a four day period. All three plaintiffs were diagnosed with hyperopia (farsightedness) prior to the surgery. LASIK surgery involves using a trephine to cut a portion of the top of a patient’s cornea. This is called a flap. The flap is retracted. A laser is then used to reshape the exposed cornea stroma bed. Once this is completed the flap is placed back in position and hopefully heals.

In 2001, the FDA had approved certain lasers for correction of myopia (nearsightedness) and other lasers for correction of hyperopia (farsightedness). These lasers were not interchangeable. Each type of laser used a different diameter beam. The defendant performed all three LASIK surgeries using a LASIK laser that was not FDA approved for treatment of hyperopia.

After the defendant removed the corneal flap the cornea was left exposed. The defendant then performed the LASIK surgery to each plaintiff by placing a piece of a contact lens over the cornea to deflect the laser beam away from the cornea (this is done in order to change the shape of the cornea, thereby changing the vision of the patient). The contact lenses used by defendant were manufactured by John Doe Contact Lens Manufacturing Company.

None of the plaintiffs consented to surgery with a Non-FDA approved laser.

Following the surgery the plaintiffs were diagnosed with identical bacterial eye infections. Plaintiffs received extensive treatment following the diagnosis. One of the plaintiffs received a corneal transplant and the other two plaintiffs were candidates for corneal transplants. All of the plaintiffs suffered from severe vision impairment and scarring of the cornea.

The defendant doctor claimed that the infections were caused by the lens manufacturer, due to inadequate sterilization during manufacturing. The contact lens manufacturer contended that the bacterial infections occurred during the LASIK procedures in the doctor’s surgical center.

After years of intense litigation, the case settled for $1,080,000.00.

$775,000.00 (negligence and premises liability):

Doe v. Roe Construction Company (Identities of the parties are confidential at the request of the defendant)

David Crandall represented the employee of a subcontractor who was hired to install metal fascia on the exterior of a large hotel. When plaintiff and his brother were installing the metal fascia the scaffolding they were standing on, nearly five floors above the ground, began to pull away from the building. Plaintiff was thrown from the scaffolding and suffered blunt abdominal trauma and a lumbar compression fracture.

Through extensive discovery and investigation, Mr. Crandall alleged that the scaffolding subcontractor negligently removed the “tie wires” that secured the scaffolding to the building, and negligently failed to advise other subcontractors that the “tie wires” were cut.

Many months following the incident, plaintiff was able to return to work in the construction industry but was no longer able to work as sheet metal worker.

Resulted in $775,000 settlement at mediation.

$700,000 (slip and fall, premises liability):

Carolyn J. v. Doe Hotel

Plaintiff was injured while waling on a downward sloping concrete walkway between the hotel lobby and pool at a large resort. Maintenance workers had previously been removing shrubs in planters that bordered the walkway and were replacing those shrubs with new plants. It was alleged that the workers had left dirt and debris on the walkway without cleaning this up or warning of the hazard. Work had stopped shortly before plaintiff slipped and fell in this area.

Plaintiff sustained serious fractures to her heel that ultimately resulted in an ankle fusion surgery.

$400,000 (medical negligence, wrongful death, and abuse of a dependent adult):

Doe v. Roe Hospital (Identities of the parties are confidential at the request of the defendant hospital)

Mr. Crandall represented the parents of Fernando A., a 21 year old ventilator dependent quadriplegic. Fernando was admitted to Roe Hospital for pneumonia. The day after he was admitted to the Intensive Care Unit of the hospital his ventilator tube became disconnected. Defendant’s employees failed to prevent the tubes from becoming disconnected, failed to respond to the many alarms sounding, failed to come to the aid of Fernando in a timely manner and ultimately caused his death.

Defendant hospital denied wrongdoing. After extensive litigation the case settled at mediation. David Crandall was able to negotiate a settlement above the state mandated MICRA limitation of $250,000 by successfully arguing that Fernando was a dependent adult within the meaning of the Elder Abuse and Dependent Adult Abuse Statutes.

Resulted in $400,000 settlement at mediation.

$325,000 (slip and fall, premises liability)

Richard S. v. Doe Hotel (Identities of the parties are confidential at the request of the defendant hotel)

Mr. S. was injured while walking into defendant’s hotel. The incident occurred on a rainy day, Mr. S had only walked one step into defendant’s lobby when he slipped and fell on water that had pooled in front of the lobby door due to the rain. Plaintiff alleged that defendants failed to place a mat on the lobby floor and failed to warn hotel patrons of the hazard.

Plaintiff suffered a severe torn right quadriceps muscle that required surgery to repair.

$289,952.24 (medical negligence)

Mahmood J. v. Kaiser Permanente

Claimant was diagnosed with cancer of the sigmoid colon. He underwent surgery to remove the tumor as well as portions of the colon at each side of the tumor. This procedure is called a hand assisted laparoscopic colectomy. As part of this procedure an instrument called a harmonic scalpel is used to separate the sigmoid colon from where it is attached to the walls of the abdominal cavity. This instrument is hot; it has a cutting function and cauterizes as well.

A recognized risk of using the instrument is that it can burn the colon with prolonged direct contact. Therefore, it is important that the surgeon protect the colon from direct contact with the harmonic scalpel and carefully inspect the colon repeatedly. In the event such a burn occurs, the tissue of the colon in the area becomes blanched so that the burn is visible since it is different in color from surrounding colon tissue. If a burn occurs and it goes through the wall of the colon, it can be simply repaired with sutures.

In this case, the surgeon failed to recognize that he had burned the area of the colon outside of the area that was removed in surgery. As a result, post operatively, the contents of the colon began to leak from the hole caused by the burn, into the peritoneal cavity. The patient developed peritonitis and a life threatening sepsis. He was required to undergo a second surgery to repair the leak. An additional portion of his colon had to be removed and a colostomy bag had to be installed. He had to use a colostomy bag for over ten months.

Kaiser contended that the type of injury is a risk of this surgery and that there was no malpractice.

The case, per the patient’s health care agreement with Kaiser, was submitted to binding arbitration. The arbitrator held that the failure of the surgeon to recognize that he burned a hole in the colon and to repair it intraoperatively during the first surgery was malpractice.

The arbitrator awarded the plaintiff $289,952.24.

$250,000.00 (automobile accident, negligence)

Mustafa N. v. Estate of Hunsicker

Plaintiff was driving his girlfriend’s vehicle north on the 5 Freeway near the 405 interchange when suddenly and without warning a multiple vehicle collision occurred directly in front of his vehicle. Plaintiff alleged Mark Hunsicker caused a rear-end collision that caused his vehicle to careen off a street sweeper and come to rest in the carpool lane of the freeway. Mr. Hunsicker then ran across the lanes of the northbound 5 freeway to the right shoulder. For an unknown reason, Mr. Hunsicker then ran back across the northbound 5 freeway lanes towards his vehicle. While Mr. Hunsicker was running across the freeway he was struck by a vehicle that did not see him. This collision caused a series of automobile collisions to occur. Plaintiff was unable to see the collisions occurring in front of him and struck a vehicle that previously collided with another vehicle.

Plaintiff suffered bilateral ankle fractures requiring surgery. The case settled for the defendant’s policy limits of $250,000.00.

$203,450.00 (automobile accident, negligence):

Harlan B. v. First Transit

Harlan B (claimant), age 73, was driving south on the 605 freeway and began slowing for the rush hour traffic. He was then rear-ended by respondent bus. This caused Mr. B to lose control of his vehicle, strike another car and roll two or three times before coming to rest with his vehicle upside down. The respondent admitted fault but disputed the extent of the claimant’s injuries.

Claimant’s Injuries: soft tissue injuries and torn medial meniscus of his left knee. Claimant contended the accident caused the pre-existing asymptomatic arthritis to become severely symptomatic such that he has pain and limps when he walks.

Respondent’s experts testified at binding arbitration that 90% of Mr. B’s knee problems were pre-existing and while the accident caused a short term flare up of pain in his knee any long term pain in the knee is caused solely by his pre-existing severe arthritis.

Claimant was very active prior to the accident, walking several miles at a time, several days a week. Claimant produced witnesses at the arbitration who confirmed that prior to the accident claimant manifested no signs of pain or a limp.

Claimant’s medical bills totaled approximately $27,224.

The arbitrator awarded claimant $195,615. Prior to arbitration claimant offered to settle the case for $170,000.00. Because respondent refused to settle the case for the amount of claimant’s offer, claimant was also awarded pre-arbitration interest and costs.

Total award for claimant after binding arbitration was $203,450 (reported in the Daily Journal).

$91,846.32 (automobile accident, negligence)

Gibay G. v. Mora

On July 1, 2005 the defendant negligently made a left turn in front of plaintiff’s vehicle. The plaintiff was unable to avoid the collision and the front of plaintiff’s vehicle struck the passenger side of the defendant’s vehicle. Plaintiff suffered a cervical strain resulting in a disc bulge at C5-6. Plaintiff’s medical bills totaled $6,200. The defendant’s final offer before trial was $20,000. Plaintiff offered to settle the case for $30,000.

After a trial in Orange County Superior Court the jury awarded plaintiff $84,550. Because the jury verdict exceeded the $30,000 offer, plaintiff was also awarded pre-judgment interest and costs.

Total judgment for plaintiff was $91,846.32.

Reported in the Daily Journal and Verdict Search.