Attorney Benjamin Albert Lavoie's Legal Cases

Personal injury

Nuyen v. Bongiovanni

Jun 10, 2014

OUTCOME: $1,350,000 Verdict

At the time of the crash, Plaintiff was a 48 year old woman who was the Director of the MRI unit at United Hospital. She was on her way home from work when Defendant, driving along side of her, change ... d lanes suddenly in an attempt to secure a parking spot and sent Plaintiff crashing into the curb and a parking meter. Plaintiff flew over the parking meter and landed hard on the sidewalk. Plaintiff suffered injuries to her head, shoulder and foot, along with other numerous contusions and abrasions. An MRI performed shortly after the crash revealed that Plaintiff suffered a subarachnoid hemorrhage in the right rear of the frontal lobe. Later neuropsychological testing diagnosed Plaintiff with a mild complex traumatic brain injury. The residual effects of the brain injury caused Plaintiff to be first demoted from her job as the MRI Director to MRI Technician, and then ultimately dismissed all together. Plaintiff also underwent arthroscopic surgery to her shoulder with residual disability. Her foot injury was diagnosed as a subclinical and non-surgical lisfranc injury. Initially, Defendant and her insurer American Family denied responsibility for the crash claiming that Plaintiff was driving in the parking lane and actually was the one that struck Defendant. However, the crash was actually witnessed by a St. Paul Police Officer whose police report and later deposition testimony contradicted this account. Nevertheless, American Family’s offer at the pre-trial mediation was $7,500 apparently based in part on Plaintiff’s life long history of chronic depression, anxiety, and her active treatment for these and other psychological conditions at the time of the crash. A second mediation was conducted approximately a month prior to the initial trial date. At the mediation, Plaintiff's demand had increased to $1,500,000 in light of Plaintiff's recent job loss and the attendant revised loss of earning capacity claim. That mediation failed and afterwards Defendant made a Rule 68 Offer of Settlement for $225,000. Trial commenced on June 2, 2014, lasted a week and a half, with the jury returned the verdict of $1,121,000 for Plaintiff and after the taxation of fees and costs, American Family Insurance paid Plaintiff $1,350,000

Medical malpractice

B. G, by and through daughter E.G and State of MN v. MN Primary Care Physician MN

Sep 06, 2012

OUTCOME: $4,000,000 Settlement

Plaintiff, is a 54 year old woman, who had been the tragic victim of a gunshot wound to the head approximately 13 years prior to this claim. That incident left Plaintiff disabled, but able to function ... and manage her own affairs under minimal supervision of her daughter. Due to the risks of the procedure, Plaintiff had elected to not undergo cranioplasty to repair the loss of bone in the left temporal region after the gunshot wound. After moving to Minnesota and into the home of her daughter, Plaintiff established care at the Defendant Minnesota Clinic and under the care of the Defendant Primary Care Physician. The Defendant Primary Care Physician was well informed of Plaintiff's prior injury, Plaintiff displayed obvious deformity in the shape of her head and had a prosthetic left eye as a consequence of the prior traumatic injury. In March of 2008, Plaintiff saw Defendant's physician at Defendant's clinic for a recurrent cough and congestion problem that she had been suffering with for some time. On exam, Defendant doctor noted that the Plaintiff's ear drums were obscured by wax and ordered Plaintiff to undergo an ear lavage at that visit. During the course of the lavage, Plaintiff experienced significant pain in her left ear, and the procedure was discontinued. Defendant doctor reevaluated the ear canals again noting large amounts of wax obscuring the ear drum. He noted the patient did not have any headaches or acute hearing loss and provided her with a prescription for cough medicine. Hours later, Plaintiff was found seizing and non-responsive in the Target restroom where she had gone that day to fill her prescription. Plaintiff was taken to North Memorial Medical Center where she was soon diagnosed with meningitis, hydrocephalitis and a cerebral spinal fluid leak emanating from her left ear. She underwent brain surgery in an attempt to identify and close the source of the CSF leak and unfortunately suffered an intraventricular hemorrhage as a complication of that surgery. The brain bleed led to Plaintiff falling into a coma and she remained in that status for the next year and a half. Miraculously, after almost two years in a long term care facility, Plaintiff began to demonstrate some recognition of her surroundings. She slowly, but methodically exited her comatose state, eventually was taken off intubation, began to communicate single words, and regained her ability to eat. She was able to return to living with her daughter with the assistance of full time long term care. After retaining counsel, a guardianship was established for Plaintiff making her daughter, E.G. guardian. Investigation of the claim soon revealed that less than a year prior to Plaintiff's March 2008 appointment with Defendant physician, Defendant clinic and Defendant physician had received a CT scan that had been performed on Plaintiff in connection with her attempts to receive a replacement prosthetic eye. That CT scan, revealed that a hole existed between Plaintiff's internal cranium and her middle ear. Plaintiff's experts indicated that this information contradicted the March 2008 ear lavage procedure and that performing the procedure breached the applicable standard of care. Counsel entered into agreement with the consent of Plaintiff to also represent the State of Minnesota's interest in the case resulting from a large medical assistance lien. Plaintiff commenced a lawsuit in 2012. Plaintiff served upon the Defendants extensive requests for admissions as part of discovery, just prior to their deadline. Defendants offered their policy limits of $4,000,000 plus an affidavit demonstrating the Defendant clinic did not have significant assets in excess of the insurance coverage. The identities of the Defendant doctor, Defendant clinic and Defense counsel are withheld pursuant to a confidentiality agreement.

Workers compensation

Nunn v. Noodles & Co., et al., No. 11-1531

Mar 22, 0201

OUTCOME:

Civil case - Workers' Compensation. Viewing the facts in the light most favorable to plaintiff, there are genuine issues of material fact as to whether defendant obstructed plaintiff's receipt of worke ... rs' compensation benefits through her supervisor's fabrications and through its 17-month delay in payment; as a result, the district court erred in granting defendant's motion for summary judgment and the matter is remanded for further proceedings.

Transform legal challenges into solutions.

Connect now to review your situation.

The Avvo Rating explained

The Avvo Rating explained

Benjamin Albert Lavoie's Legal Cases (3)

Nuyen v. Bongiovanni

B. G, by and through daughter E.G and State of MN v. MN Primary Care Physician MN

Nunn v. Noodles & Co., et al., No. 11-1531