Verdicts & Settlements

Case Description: Diana N. was in her third trimester of pregnancy. Everything had gone smoothly. One morning, she was transported to the hospital because her water had broken and she was having contractions. When she got to the hospital she was placed on a Fetal Heart Monitor (FHM) and was examined. The FHM revealed several concerns with how the baby was responding to contractions. Certain Decelerations are indications that the baby may be in cardiac distress and/or is suffering a deprivation of oxygen. These issues can lead to neurological complications (Cerebral Palsy, for example) or even death. In certain situations, decelerations on the FHM require an emergent Cesarean Section. Diana was allowed to continue to labor for many hours. The doctor ordered the administration of Pitocen to increase uterine activity. In fact, Pitocen was increased and increased again—despite insufficient progress toward a vaginal delivery and despite concerning FHM strips. In another effort to deliver the baby, the doctor attempted vaginal vacuum extraction several times (unsuccessfully). By the time a Cesarean Section was finally ordered, it was too late—the damage had been done. Diana delivered vaginally in the elevator on the way to the operating room and her child was permanently disabled.

Case Description: Shari H. went to test drive a pre-owned vehicle. The dealer advertised a multi-point safety inspection of all vehicles. However, the dealer had either not identified or had identified but had not replaced tires that were the wrong size for the wheels/rims. During the test drive, one of the tires failed and caused a single-vehicle accident. Tire expert testimony revealed that the tires were not wide enough to safely meet the width of the rims. This required that the tires be overinflated so that they became wide enough to make contact with the rims. Also, the expert was of the opinion that the “common person” who would take a car for a test drive would not know to look for this problem nor would they think that tires and rims might not “match”.

Injuries and Treatment: Tragically, the driver and her passenger lost their lives in the accident.

Damages: Since the deaths were sudden, there was virtually no medical treatment nor was there substantial conscious pain and suffering. Expected loss of future income was significant.

Plaintiff Demographics: Shari was in her 20s and was married (no children).

Results: Brett Oppenheimer negotiated a settlement for $2,000,000.00. While this was a tragedy, Shari’s family was somewhat comforted by the fact that the dealership was held accountable for the false security associated with advertising a Multi-point safety inspection without providing sufficient safety. Perhaps this tragedy will result in someone else being saved through the actions of Shari’s family and with the help of Brett H. Oppenheimer, PLLC.

Case Description: Teri P. was an adolescent high-school student with concerns about her acne. She was taken to a dermatologist who prescribed a medication called Amnesteem (a generic form of Accutane). Although somewhat rare, instead of lessening her acne, the acne became significantly worse. Proper treatment would have been to discontinue the medication and/or prescribe antibiotics and steroids. Unfortunately, Teri’s doctor was unfamiliar with this complication called a “flare”. His opinion was that the flare was a good sign of healing and, instead of backing off of the medicine, he increased the prescription. Also, this medication has several very important administration rules having to do with, for example, taking it with food and dosing requirements tied to the patient’s weight. He never once weighed Teri—not at the time of the original prescription or at the times when the prescription was increased. Although her appearance became worse throughout the treatment, Teri testified that the doctor was so confident that the medication was working that she had faith in his decisions and followed his instructions.

Injuries and Treatment: A multiple month delay in recognizing the problem resulted in permanent facial scarring. The subsequent-treating doctor explained that, in effect, the tissue between the skin on Teri’s face and her skull had melted away. Treatment included procedures where the doctors would remove fat from Teri’s rear end and legs, purify it and inject it into the space between her skull and the skin of her face and forehead. The reconstructive surgeon would also perform laser procedures to tighten the skin across the newly injected fat. After 7 surgeries, permanent scarring still appears across Teri’s face. In addition to Teri’s treating doctors, doctors acting as expert witnesses also testified. The required standard of care, it was explained, was to recognize the flare, stop the medication and prescribe antibiotics and/or steroids to stop (and try to reverse) the damage.

Damages: There were approximately $100,000 in medical expenses and the projected need for treatment in the future was minimal. There is simply not much else that can be done to improve Teri’s appearance.

Plaintiff Demographics: This case involved an 18 year old girl who, by the time of trial, had just finished high school and had begun college.

Results: Brett Oppenheimer’s legal team took this case to trial. A Warren County, KY jury returned a verdict for Teri in an amount just over $2,000,000.00. The verdict enabled Teri to continue in college without concerns about the finances. She also ended up with sufficient money to know that any treatment necessary in the future will be available to her. While Teri cannot significantly alter the damage done to her skin, she has moved on with her life and continues to further her education.