Widow and Daughter of 59-Year Old Mesothelioma Victim Settle for Over $2 Million
Jan 28, 2016
OUTCOME: settlements exceeding $2,000,000.
My clients were the widow and daughter of a 59-year-old mesothelioma victim. This disabling and deadly disease is conclusively linked to asbestos exposure. The victim’s father worked as a sheet-metal ...mechanic at a major shipbuilding facility for over 40-years where the father was exposed to significant amounts of asbestos. The victim and his father recalled the father coming home often with clothes covered in dust. Both also recalled the father using a blower in the presence of his children to blow the dust off of his clothes prior to entering the home.
The victim was diagnosed with pleural mesothelioma at age 59 and died less than 6 months later. His wife and adult daughter continued the fight he started to hold the shipyard and its suppliers and others accountable for their knowingly negligent use of the known cancer causing product asbestos without warning to the shipyard workers or others.
My client’s experts in industrial hygiene established that the victim’s father’s exposure to asbestos in his workplace and on his clothes was beyond de minimis background levels and in excess of any recognized safe level. Experts in mesothelioma pathology conclusively established that the victim’s diagnosis was causally related to exposure to asbestos. And, the defendant’s own documents and testimony established knowledge of the dangers of asbestos and their failure to warn workers and end-users of this deadly product.
After a long, hard fought battle by two of my co-counsel and I, settlements were reached with all parties approximately one-week prior to trial beginning. In total, settlements for my clients exceeded $2,000,000.
Social Security & Disability
Caterer with Severe Back, Neck and Hand Issues Awarded Benefits After Long Fight Following Devastating Motor Vehicle Crash
Nov 04, 2015
OUTCOME: Fully Favorable Decision
My client was a father of two in his mid-40s from Slidell, Louisiana who had worked extensively as a caterer for movie productions in New Orleans and throughout south Louisiana as well as for offshore ...service providers based out of Houma, Louisiana. He was originally hurt on the job in 2007 and had previously received Social Security Disability benefits through early 2010. At that time, he was diagnosed with an avulsion fracture of the right wrist at the first metacarpal base, right wrist laser ligamentoplasty, left knee patella fracture with a medial meniscus tear, status post arthroscopic meniscectomy with chondroplasty, and degenerative disease of the lumbar spine.
My client did recover somewhat and started working again in 2011. Unfortunately, in May 2013, the client was rear-ended by a distracted driver and sustained significant neck and back injuries. The collision aggravated his pre-existing wrist and hand injuries as well. The collision also caused significant depression secondary to pain for the claimant.
Due to the accident, he sought neurologic and orthopedic care as well as pain management. Despite a conservative course of treatment, his conditions and symptoms – notably pain and problems concentrating due to the pain – did not improve.
At the time of his hearing in Metairie, Louisiana, the claimant was taking significant pain medication and was recommended to have a cervical fusion. My office had also obtained supporting statements from the claimant’s treating pain management doctor in Covington, LA and his neurologist in Slidell, LA.
I met with the claimant at his house to prepare him for the hearing. We discussed in detail his medical records, work history, current limitations and potential questions from the ALJ. On the date of the hearing, the claimant was in significant pain and very anxious.
Following the hearing, the ALJ issued an unfavorable decision noting the many inconsistencies in the claimant’s testimony (likely due to the significant pain and anxiety) and the claimant’s function report (completed before my office became involved in the claim). The ALJ also relied heavily on reports completed by SSA consultative examiners (doctors who only examine you one time and who are paid by SSA) and reports from agency doctors who never examined the claimant.
Believing in the severity of my client’s impairments, I vowed to continue the fight and appealed the decision to the Appeals Council. The AC found merit in our appeal and vacated the judge’s decision and remanded for a new hearing.
By the time of the second hearing, the claimant had undergone a cervical fusion but continued with pain. He remained in treatment for his degenerative disc disease of the lumbar spine and degenerative joint disease of the right hand (arthritis).
My office again obtained supporting documentation and opinions from the claimant’s treating providers. His doctors opined that he would not be reliable at work due to his pain and treatment, that he would be limited in how much he could lift, that he could not sit in a normal seated position due to his neck surgery for up to six hours a day, and that he would miss work regularly due to pain and other symptoms.
For the second hearing, I again met the client at his house and prepare him extensively for the judge’s questions and reviewed in detail his medical evidence.
The outcome of the second hearing was a fully favorable decision. Through our efforts and persistence, our client gained access to Social Security Disability benefits for himself and his family that will total approximately $500,000 through the claimant’s retirement age plus he has access to Medicare benefits.
Social Security & Disability
U.S. Army Veteran Finally Awarded Fully Favorable Decision After Federal Court Remand
Oct 07, 2015
OUTCOME: Fully Favorable Decision
Claimant was a mid-50 year U.S. Army veteran from Kenner, Louisiana. He was diagnosed with the following severe medical impairments: degenerative disc disease of the lumbar spine, headaches, post-trau...matic stress disorder, depression and obesity. The claimant had obtained a 70% disability rating from the Veteran’s Administration for his service connected disabilities – primarily PTSD, depression and degenerative disc disease. The claimant treated appropriately at the Reserve, Louisiana VA clinic as well as through other sources including Ochsner Clinic in Metairie and Kenner. He followed all prescribed treatments. He had an exemplary work record with substantial earnings from 1971 until the symptoms from his medical impairments became too great to continue working. His doctors were supportive of his disability and provided statements in support.
Despite all of this, the Administrative Law Judge hearing his case issued an unfavorable decision following the hearing. The ALJ failed to consider the claimant’s VA Disability Rating Decision and found this disabled Army veteran with over 20-years of service as not creditable.
Believing in my client and the severity of his problems, I appealed his case to the Appeals Council writing a detailed brief pointing out the legal and factual errors. Unfortunately, the Appeals Council denied our request for review and upheld the judge’s unfavorable decision.
Undeterred, and knowing that this Army veteran deserved better from the system he served to protect, I filed a petition in United States Federal District Court for the Eastern District of Louisiana in New Orleans asserting that SSA made numerous legal and factual errors in reaching its decision. Primarily, I argued that SSA failed to follow its own rules, namely SSR 96-8p which requires SSA to at least discuss disability rulings from other branches of government – such as the Veterans Administration. The federal court agreed with our position despite opposition from SSA’s attorneys. But the battle was not over as the court only sent the case back to SSA for review and to consider the VA Rating.
In preparation for the second hearing on this claim, the Veteran and I worked hard and tirelessly together to obtain multiple additional medical opinion statements from his treating providers to further strengthen the case. We met in advance of the hearing to go over all of the issues at length and to prepare the client for the detailed questions he was sure to face at his hearing.
In the end, our persistence and preparation paid off as the veteran was issued a Fully Favorable bench decision at the hearing (which is rare). The veteran was over joyed and could not believe that victory was obtained after such a long fight – over 5 years.
Through our efforts, our client gained access to Social Security Disability benefits that will total approximately $200,000 through the claimant’s retirement age plus he has access to Medicare benefits.
Personal injury
85-Year Old Elderly Female Settles for $175,000 after Pharmacy Fills Prescription Improperly
Sep 30, 2015
OUTCOME: $175,000 settlement
My client was a relatively healthy 85-year old who suffered only with restless leg syndrome for which she was prescribed the drug Requip (ropinirole). Following a doctor’s visit and refill of her pres...cription, she proceeded to a local pharmacy to have the prescription refilled.
Upon returning home, over the next few days she began taking the medication as prescribed. However, she started experiencing significant side-effects that she had never before experienced. These included an inability to remain still, excessive scratching, disjointed thoughts and thinking and hallucinations.
Her husband brought her to the emergency room of the local hospital where vitals were taken and she was determined to be fine. She was sent home. However, she continued with the side-effects. Her family then took her back to the emergency room approximately 12-hours later. She was eventually admitted into the hospital.
Upon doing lab work on her blood, it was noted that she was testing positive for an unknown drug. The doctor’s asked her family what medications she was taking, and they produced the bottle of Requip. The hospital ran tests on the pills and found they were not Requip but instead the psychotic medication – Risperdal (risperidone).
The two drugs are remarkably similar in appearance, but treat vastly different conditions. Following the identification of the drug taken, the hospital was able start the correct medication and monitor the client until the Risperdal was out of her system.
The client was hospitalized for a total of four days. She does not remember two of those days. Her medical bills totaled less than $500. Her doctors stated she should not have any long-term effects.
I was successful in negotiating a settlement with the insurer for the pharmacy before filing suit. The total settlement was for $175,000.
Lawsuits and disputes
IN RE SUCCESSION OF HOLZENTHAL
N/A
OUTCOME: Summary Judgment Upheld On Appeal
Deceased prepared last will and testament shortly before his untimely death leaving the majority of his estate to his friend. The testament was prepared by the decedent's long-time attorney.
The ...decedent had no surviving spouse or children. The decedent's surviving brother contested the will.
Our firm represented the heir under the testament and successfully obtained a summary judgment arguing that the brother could not produce any evidence that the will was invalid due to undue influence, fraud, or deceit, or that the decedent lacked capacity.
The brother changed attorneys in the midst of the proceedings and his new attorney sought to change liberative deadlines that were already extended multiple times. The trial court refused the extension and ruled in the heir's favor.
The Louisiana Fourth Circuit Court of Appeal upheld the trial court decision in a published opinion at at 101 So.3d 81 (La App. 4 Cir. 2012).
