Rotts And Gibbs Representative Cases

Case Number One:

Our client was the mother of a 32 year old man who suffered from Duchenne's Muscular Dystrophy, a progressively debilitating condition that causes severe muscle degeneration. Duchenne's is a terminal condition that eventually leads to total loss of ambulation, muscle control and ability to breathe independently. Our client fought tirelessly throughout her son's life, demanding that he receive appropriate treatment and quality health care by properly trained personnel. Eventually her son's condition required that he be placed on a ventilator. His health care insurance company contracted with Advantage Nursing Services to provide him with 24 hour home nursing care. On the night of his death, the LPN assigned to provide care for our client's son fell asleep while on duty. In the early morning hours, his ventilator tube disconnected. The alarm sounded, however did not wake the sleeping nurse. Eventually the nurse responded and attempted to administer CPR. Because she was not properly trained to administer CPR to a ventilated patient, her technique was ineffective and our client's son died. We were able to determine that Advantage Nursing Services negligently hired and trained their staff relying solely on the applicant's self-reported training and experience. Advantage Nursing Services had no procedures in place to confirm that an applicant had the necessary skills to respond to a particular patient's needs. Our client's son died that morning as a direct result of the negligence of the untrained nurse and the nursing company. After protracted litigation and multiple depositions in multiple states, Advantage Nursing Services agreed to a settlement of $579,000.00, the maximum amount allowed by law at the time of the death for a medical malpractice claim for non-economic damages.

Case Number Two:

Our clients were the family of a business man who was riding his friend's Harley Davidson on the outskirts of Columbia, Missouri. An O'Reilly Automotive employee, driving a delivery truck for the company, failed to see the motorcycle approaching and pulled out in front of it, causing a collision. The motorcyclist was thrown from the motorcycle and suffered multiple injuries including fractures of his arms, legs, pelvis, and ribs as well as multiple internal injuries. He was treated in the Intensive Care Unit at a local hospital. However, his injuries were too extensive and he died 11 days after the collision. He was survived by our clients: his wife, two adult children, and his mother. One of his children was disabled and financially and physically dependent upon her father for care. We pursued the case aggressively and learned through discovery that the driver of the delivery truck had an expired license, and that the delivery truck driver was entirely at fault in the collision. After extensive litigation, during mediation, the family's claims were settled for $2.5 million.

Case Number Three:

Our client was an employee of a local factory where she had worked for several years. She was injured while at work and sought treatment for her injury from her employer through worker's compensation. The employer referred our client to an in-house physical therapist who worked with our client for several weeks. When her injury did not improve the employer referred our client to a local physician. Eventually, our client was referred to a doctor in St. Louis. After several months of tests and conservative treatment, the physician informed our client that a surgery would be necessary to explore the cause of her continuing problems. Our client expressed an interest in obtaining a second opinion concerning the need for surgery. After that, the employer discontinued our client's treatment. The employer returned her to work full duty and placed her on machines that required heavy lifting, despite knowing that the doctor had recommended surgical intervention. After obtaining a second opinion that surgery was needed, our client informed the employer that she wanted to proceed with surgery. Instead of notifying the surgeon that our client wanted to schedule the surgery, the employer scheduled another appointment with the physician to determine if surgery was still recommended and to determine whether or not our client's injury was a result of her work. In the meantime, the employer continued to assign our client to jobs that required lifting heavy machinery. Our client attempted to work her assigned duties, however, eventually informed the employer that she could not continue to work the heavy machinery. She was fired for insubordination. Approximately one month after being terminated, our client received her surgery which revealed a torn shoulder muscle. We sued the employer alleging retaliatory harassment and termination for filing a workers compensation claim. During mediation the parties agreed to a confidential settlement amount that was satisfactory to our client.

Case Number Four:

Our client was a young man who was a passenger in his friend's car. As they traveled along a narrow country road, a pickup truck heading the opposite direction forced them off the road, causing his friend to lose control of the car. The vehicle left the roadway and rolled over before striking a tree. Both the driver and our client were wearing their seatbelts and neither was intoxicated. The pickup truck did not stop and was never located. Our client suffered injuries to his heart and back that kept him in the hospital for weeks. His total medical bills were in excess of $350,000.00. He recovered fairly well, but the driver of the car only had $275,000.00 of insurance available. The driver's insurance paid the full amount available on his policy. Additionally, we were able to acquire full payment of our client's uninsured motorist coverage for the negligence of the pickup truck driver. Because our client's insurance provided coverage for more than one vehicle, we were able to “stack” his coverage and obtain an additional $400,000.00 for our client. Our client's total settlement of $675,000.00 represented all insurance coverage available to our client. Finally, we were able to increase the benefit to our client by showing that our client's health insurance company did not have a right to repayment from the insurance proceeds. The health insurance company had initially demanded full reimbursement for the $350,000.00 it expended to pay for our client's medical bills. That amount was, through aggressive research and representation, reduced to $0.

Case Number Five:

Our clients (names are confidential) were family members of several different persons who were prescribed a drug (name is confidential) for a medical condition. A dangerous side effect of this drug occasionally proved fatal. Each of our clients suffered the loss of a loved one as a result of this dangerous drug. While working on these claims, it was determined that the side effect was too dangerous compared to the medical value of the drug. The FDA removed the drug from the market and eventually, the pharmaceutical company agreed to resolve the claims. Pursuant to the settlement agreement, the settlement amounts are confidential. Each of our clients were satisfied with the results we were able to obtain for them.

Case Number Six:

Two of our clients took Fen-Phen, but did not suffer the typical problems associated with that drug. Most persons who suffered ill effects as a result of Fen-Phen sustained mild to moderate valve damage to their hearts. One of our clients suffered much more extensive heart damage and required both a heart and lung transplant. While the Fen-Phen class action had settled most of the cases, the original offer to settle for our client was unacceptable. Eventually, after hundreds of hours of medical research, a thorough review of our client's complete medical history, and appeals through the system we were able to acquire a result more than 10 times the original offer. The other client suffered Primary Pulmonary Hypertension, an extremely dangerous condition of the lungs. She called our office after many attorneys failed to return her calls. Finley Gibbs agreed to meet the client in her home. He discovered that the complications caused by the drug forced the client to breathe through an oxygen concentrator. The client clearly suffered from injuries much more severe that those typically caused by taking Fen-Phen. Finley agreed to pursue the case. He was able to resolve her case through a mediation which included a large number of cases. The mediation was spearheaded by a Texas attorney who won a 40 million dollar Fen-Phen verdict. Her case settled for a confidential figure.

Case Number Seven:

Our client was working on an electrical panel near a roadway. An employee of another business was towing a homemade trailer to a jobsite, when the trailer broke free and struck our client from behind. We obtained a double recovery for our client by advancing his workers compensation claim and, then, through negotiation and aggressive representation, obtained recovery from the responsible party. Pursuant to Missouri law the worker's compensation carrier was entitled to reimbursement from the settlement for the amounts it had paid to compensate our client for his injury. We were able to convince the carrier to accept an amount much less than the sum to which it was legally entitled.

Case Number Eight:

Our client (name is confidential) was a passenger in a pickup truck operated by an intoxicated individual who lost control of the truck at high speed. The truck rolled over repeatedly, ejecting our client. He sustained multiple fractures, internal injuries and head injuries. Initially, the insurance company refused any coverage whatsoever. After dealing with difficult comparative fault issues, we settled his case for the $300,000.00 insurance policy limits.

Case Number Nine:

Our client was a young woman sustained soft tissue injuries to her neck and shoulders in an automobile collision. Less than a year later, she was a passenger in another vehicle when it was involved in a collision. She suffered additional soft tissue injuries to her neck and shoulders from the second collision. Usually insurance companies pay very little under these circumstances because it can be very difficult for plaintiffs to prove the extent to which each collision contributed to the resulting injuries. We were able to overcome those difficulties and obtain settlement in both cases for the insurance policy limits of both drivers who were at fault.

Case Number Ten:

Our client was an elderly business owner (and former pro football player) who was rear-ended by a young person who had stolen a car. We successfully collected his workers' compensation case and, because of the complexities, the insurance carrier agreed to release its interest on further recoveries. Our client was then the victim of medical malpractice related to his injuries, and we successfully resolved those issues through further settlements. We collected the maximum amount of uninsured motor vehicle coverage from his own policy and convinced that insurance carrier to release its claim on further recoveries. Finally, we pursued the car thief and found additional insurance through him and obtained almost all of his available policy limits. Throughout all of this, each insurance company blamed most of our client's injuries on previous injuries he had sustained as a professional football player. We overcame these issues in our representation.

Case Number Eleven:

Our client was an elderly woman (name is confidential) who was shopping at a grocery store. In order to select her grocery item she had to reach through a rolling ladder. While reaching for the item she lost her balance and fell, suffering injury to her back and shoulder. The defendant argued that the danger was open and obvious to our client and thus, they had no liability for her injuries. We overcame their arguments by demonstrating her need and elderly condition. We obtained a six-figure settlement for our client after proving that the ladder was too heavy for her to move and that it should have been in the back storeroom instead of blocking the dairy cooler.

Case Number Twelve:

On a hot mid-summer day, our client purchased a cup of iced tea from a local convenience store. Our client entered the store and prepared her own cup from the iced tea dispenser available to all customers. After she took her first drink, she realized that the liquid that came from the dispenser was not iced tea. She discovered that, in fact, the employee who had been responsible for cleaning the dispenser had failed to empty the cleaning solution from the dispenser. The cleaning solution caused damage to our client's throat and vocal chords. She is a local school teacher and had to use a special microphone so her students could hear her after she was hurt. The injuries required special treatment. She had @$23,000.00 in medical bills. The case was tried to a jury and resulted in a $250,000.00 verdict in favor of our client.

Case Number Thirteen:

Our clients became violently ill after eating at a local restaurant. Investigation revealed that all clients had consumed the same entrée, Amberjack fish, in the same time period. A leftover sample was sent to the FDA for analysis which revealed that the fish was contaminated with the neurotoxins that cause ciguatera poisoning. Research revealed that this toxin is common in large predatory fish and is prevalent in areas such as Hawaii where local diets are comprised of such species. Our clients eventually recovered from their illnesses, but some were left with symptoms that included extreme fatigue and reversed temperature sensitivity. We sued the restaurant and the fish supplier for failure to warn the customers and test the fish. Eventually, the company responsible for catching the fish was also named in the suit. We settled the case for a confidential amount that was satisfactory to all of our clients.

Past results afford no guarantee of future results, every case is different and must be judged on its own merits.

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