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Verdicts & Settlements

  • $8,000,000 Motor Vehicle Accident
    A minor suffered a traumatic brain injury and other life-altering injuries when hit by a car (specific facts confidential) .This settlement was achieved on behalf of a minor that suffered a traumatic brain injury and other life-altering injuries when hit by a car. The negligence allegations were not only against the driver of the car but several other defendants. It was alleged that there was a failure to properly supervise the minor. It was also alleged that one driver waived the minor across a busy road as an attempt was being made to cross. Tragically, the minor was hit by a car in the next lane.
  • $6,000,000 Medical Malpractice
    A baby suffered Cerebral Palsy and other brain injuries(specific facts confidential) In this case a baby suffered Cerebral Palsy and other brain injuries as a result of an alleged Failure to Timely perform a Cesarean Section (C-Section). There were also allegations of a Failure to Properly Monitor the baby’s heart rate during labor and a Failure to Properly Administer Pitocen. The baby survived but is not expected to ever walk or talk.
  • $6,000,000 Medical Malpractice

    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.

  • $2,486,000 Product Liability
    This Settlement was achieved on behalf of a dozen clients who alleged injuries (no loss of life) from a defective product. Injuries ranged from nerve damage to other physical and employment disabilities. Specific terms of the case and settlement are confidential.
  • $2,000,000 Wrongful Death

    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.

  • $2,000,000 Medical Malpractice

    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.

  • $1,950,000 Product Liability
    A sofa was involved in a house fire that took several lives.This case was against several defendants in the chain of commerce (manufacturer to retailer) of an upholstered sofa "pit group". The furniture was involved in a house fire that took several lives. The allegations included unacceptable fire performance, ineffective flame resistance and a failure to design a reasonably safe product.
  • $1,875,000 Product Liability

    Cameron was a successful high school and collegiate athlete who was just embarking on his professional career when he was injured during a practice session. He suffered facial fractures and permanent vision disability. Allegations in his lawsuit were based upon the position that his injuries were caused by a defectively designed training device, and the responsible manufacturer failed to warn him of a known danger.

  • $1,750,000 Medical Malpractice
    Failure to recognize vascular (artery/vein) injury from surgery. In this case, an orthopedic surgeon in Kentucky performed a knee replacement. Unfortunately, the surgeon did not appreciate the fact that he injured an artery and a vein during the surgery. The patient’s foot and leg became cold because of decreased blood flow. The hospital staff nor the doctor took action in time to prevent damage resulting in the partial amputation of the patient’s leg.