After several years of work on behalf of five clients, Aaron DeShaw and counsel for the insurers for Shearers Foods reached a global settlement with one of four defendants in our litigation against the... companies that caused the explosion of the Shearer's Food factory in Hermiston Oregon. The global settlement amount from Apollo Sheet Metal is $30,306,870.22.
Personal injury
MM v. Nicolopoulos et al.
Feb 17, 2023
OUTCOME: $77,523,748.93
Highest personal injury compensatory damage jury verdict in Oregon history.
We represented a client who sustained a leg amputation when hit by a drunk driver who was over served alcohol by multiple... bars.
Brain injury
Cozzocrea v. Ready
Jan 01, 2015
OUTCOME: $1,050,000.00 Mediation Settlement
Our client was a 15-year-old boy riding his bike to school in a bike lane, when an SUV turned directly in front of him, cutting off the bike lane. The driver had been stopped in heavy traffic and our ...client was directly in the bicycle lane coming up from behind with no obstruction to the driver’s view.
Client spent the first few weeks in bed crying with severe pain, and feeling really poorly. He had significant headaches, problems thinking and neck pain. Client then experienced a significant illness that he attributed to systemic health consequences of the collision. When he returned to school he experienced cognitive problems. Doctors diagnosed a traumatic brain injury and spinal injuries. Shortly after this, he was hit in the head while in PE because the school would not excuse him – aggravating the brain injury from the bike crash. He was put into a special education program for the remainder of high school and has experienced social isolation as a result of many doctors visits and being unable to complete school work normally. Doctors additionally suspected and later diagnosed a C1 vertebra instability caused by damage to the cervical ligaments. This led to him stopping all physical activities.
A high resolution 3T MRI of the brain demonstrated small amounts of traumatic damage in the brain. Approximately two years post injury a nationally recognized neuropsychologist performed testing demonstrating ongoing and permanent cognitive damage. Given the positive brain imaging, the client’s neuropsychologist diagnosed him with a complicated mild traumatic brain injury that was permanent. The client also suffered from depression as a result of the significant changes in his quality of life.
The offer from the insurer prior to litigation was $0, and remained $0 throughout the litigation.
Then in 2016, the client crashed his own bike prior to litigation being filed, but after he had already been pronounced to have permanent brain damage from the bicycle crash three years earlier.
The neuropsychologist hired by the insurer near the end of litigation, refuted the defense case finding that the SUV-bicycle crash in 2013 had caused a complicated mild traumatic brain injury resulting in permanent brain damage. Plaintiff’s vocational rehabilitation expert confirmed that client would not be able to pass college classes, significantly impacting his future earning capacity. Plaintiff’s neuropsychologist, neurologist, vocational rehabilitation expert, and the defense neuropsychologist all agreed that the client had sustained a permanent mild traumatic brain injury.
Our office had provided the insurer the ability to settle for the limits of the defendant’s insurance policy several years before, and before litigation was filed. In response, the insurer offered $0 and forced the child into litigation in order to obtain any compensation for his significant loss.
The insurer paid $1,050,000 at mediation a few weeks prior to trial. The case was resolved after nearly five years.
Personal injury
Fitzgerald v. Shelby
Apr 20, 2014
OUTCOME: $1,600,000.00 Jury Verdict
$1,600,000 record trial verdict on $25,000 offer in auto vs. motorcycle case resulting in the amputation of client’s right leg. Largest recorded civil trial verdict in history in Columbia County, Orego...n.
Client was uninsured at the time, which prohibited the jury from considering the value of the client’s personal losses (by far the largest monetary losses in an amputation case.) The jury only heard evidence of the financial losses the client would experience after the loss of his leg. Client went through approximately 15 surgeries before his leg was amputated, and then has had many surgeries since then as a result of ongoing infections.
Admiralty and maritime
Confidential
Dec 22, 2011
OUTCOME: $3,500,000.00 settlement
Commercial fisherman living on a vessel in Alaska sustained cardiac damage from Freon as a result of a Freon leak in the commercial refrigeration unit on board the ship where he was living and working.... Client died from heart damage caused by the Freon leak during litigation. With Friedman | Rubin.
Brain injury
Edlin v. Doe et. al.
Jul 02, 2010
OUTCOME: $1,125,000.00 Jury Verdict
Client sustained a moderate brain injury as well as lacerations of the kidney and liver in a side impact collision. The story of this crash was the subject of two articles in the Oregonian, including ...front page coverage of the trial verdict.
At the time of the verdict, it was the 4th largest auto accident verdict in the past 20 years, with two of the other three higher verdicts involving the death of the plaintiff.
Pre-trial offer was $37,500.
Class action
Hensley v. CSC
Jan 01, 2010
OUTCOME: Over $1 Billion in payments to class members
Alleged that over 580 insurers conspired with insurance software manufacturers to intentionally underpay bodily injury claims to policyholders. Case ran from 2005-2010.
Brain injury
Holland v. Oregon Mutual
N/A
OUTCOME: $320,000
Clear mild traumatic brain injury to chiropractic assistant in hit and run parking lot collision, where uninsured motorist had a suspended license. Uninsured driver fled the scene but was caught by po...lice and found to be uninsured.
Mild traumatic brain injury caused change in cognition to a person with superior pre-accident IQ, and which changed the quality of her life. Client struggled with clinical billing work, at home activities, and in volunteer activities after the mild traumatic brain injury.
The amount of client's policy limit ($100,000) was requested a year before arbitration proceeding, and no offer was made. Oregon Mutual's pre-arbitration offer was $0.00 until one week before arbitration, when $15,000 was offered.
Defective and dangerous products
Abrams v. Office Master
N/A
OUTCOME: $600,000.00
Defective Chair resulted in spinal injury.
Brain injury
Bauer v. Progressive Insurance
N/A
OUTCOME: $181,000
Underinsured Motorist case for negligence of multiple- time drunk driver who hit client's motorhome at 100 mph. Client sustained mild traumatic brain injury, temporal lobe seizures, inner ear injury a...nd spinal injuries as a result. Arbitration panel did not find brain injury, seizures or inner ear injury related to crash due to poor doctors notes, failing to appropriately document her symptoms for a year and a half after her initial intake form (which documented brain injury, seizure and inner ear injuries in three locations on intake forms). Pre-arbitration offer was $5,000 from Progressive Insurance, and the case was defended, claiming client was a liar and was exaggerating her symptoms, even though multiple neuropsychological studies, EEG, and advanced brain imaging (MEG) clearly demonstrated brain abnormality and seizures.