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Representative cases tried by members of
Corneille Law Group, LLC.
Decision Date: 05/17/10
Case No: 08-CV-2516
State of Wisconsin/Circuit Court/Rock County
Jury Trial
In this case, the Corneille Law Group defended Harris Ace Hardware of
Beloit, Inc. and one of its employees in a lawsuit brought by a store
patron. The patron claimed that he suffered injuries to his right
shoulder, right arm, back and right hip after he was involved in an
altercation with an employee of Harris Ace Hardware. Defendants
vehemently denied these allegations, arguing that such an altercation
never took place and that plaintiff therefore suffered no injuries.
Prior to trial, the defendants moved for the dismissal of plaintiff’s
claim for medical expenses. This motion was granted. Consequently,
plaintiff was only permitted to seek compensation for his alleged pain
and suffering. In closing argument, plaintiff requested an award of
$10,000. After approximately ten minutes of deliberation, the jury
returned a unanimous verdict of no negligence on the part the employee
of Harris Ace Hardware. Plaintiff was therefore awarded nothing.
Decision Date: 03/11/10
Case Number: 07-CV-175
State of Wisconsin/ Circuit Court/ Brown County
Jury Trial
CLG was co-defense counsel in the successful defense of a physician in
a wrongful death medical negligence action. The patient appeared for
her annual OB/GYN examination at the office of the defendant, her
primary care provider. The patient testified during an evidentiary
deposition she had left breast abnormalities present on that date. The
history recorded in the chart stated that breast abnormalities had
existed prior to the patient visit, but had resolved by the day of the
exam. The physician conceded that if the breast abnormalities
described by the patient had been present at the time of the office
visit, the standard of care would have required an immediate referral
to a surgeon to evaluate the patient for the possibility of breast
cancer. The patient’s husband and numerous family members described
breast abnormalities both before and after the office visit. They,
along with the patient, testified that once the abnormality began, it
was present continuously. When the patient’s breast cancer was
diagnosed approximately 12 months later, it was resistant to all forms
of treatment. The patient argued that earlier diagnosis would have led
to a different outcome, and the defense asserted that the patient’s
aggressive cancer precluded a change in outcome with earlier
diagnosis. The plaintiff’s cancer eventually caused her demise. Her
husband sought damages in the amount of $350,000 for loss of society
and companionship and $1,000,000 in damages on behalf of the estate
for pre-death pain and suffering. The jury returned a verdict in favor
of the defense and awarded no damages.
Decision
Date: 02/24/10
Case No: 07-CV-664
State of Wisconsin/Circuit
Court/Sauk County
Jury Trial
In this case, the Corneille Law Group defended the
driver of a motor vehicle who collided with plaintiff’s vehicle
when pulling out of a gas station into traffic. Plaintiff
complained of continued pain as a result of injuries to her neck
and upper back. In closing argument, plaintiff requested an
award of $9,097 for medical expenses and $60,000 in pain and
suffering. The jury apportioned 25 percent of the liability to
plaintiff and awarded her $285 - the cost of her initial visit
to the emergency room. Plaintiff received no pain and suffering
award.
Decision Date: 02/17/10
Case No: 08-CV-697
State of Wisconsin/Circuit Court/Grant County
Jury Trial
In this case, the Corneille Law Group defended the driver of a
motor vehicle who rear-ended another vehicle. Both vehicles were
a total loss as a result of the accident. Plaintiff alleged
permanent injuries to her neck and back and her alleged injuries
were supported the testimony of medical treaters. In final
argument, plaintiff requested an award of $43,230 which included
compensation for past and future medical expenses as well as
past and future pain and suffering. Defendant requested an award
of $15,180. The jury returned a verdict of $23,722.
Decision Date: 12/09
Case No: Case No. 08-CV-195
State of Wisconsin/Circuit Court/Oneida County
Jury Trial
In this premises liability case, CLG successfully defended a
hospital that had been sued after an elderly woman tripped and
fell on a sidewalk defect outside a rehabilitation entrance. The
plaintiff had suffered extensive injuries including rotator cuff
tear, fractured wrists, and severe bruising and contusions to
the face and chest. After obtaining dismissal of the plaintiff’s
safe place statute claim on summary judgment, the case was tried
to a jury on the issue of negligence. The plaintiff produced
evidence that the hospital had known about this hazard for a
number of years and had been warned by former employees about
the danger it presented. CLG argued that the sidewalk reasonably
safe regardless of the sidewalk defect. The jury returned a
defense verdict finding no negligence on the part of the
hospital.
M.D.
Decision Date: 10/16/09
Case No. 07-CV-59
State of Wisconsin/Circuit Court/Door County
Jury Trial
In this wrongful death case, CLG represented a family practitioner
who, along with a cardiologist and a radiologist, were alleged to have
failed to diagnose the patient's coronary artery disease which
resulted in the patient's death. The patient had presented to his
family practitioner with complaints of chest pain, and the family
practitioner performed an EKG and referred the patient for an exercise
stress test. The family practitioner then referred the patient to a
cardiologist, who determined the patient's chest pain was most likely
musculoskeletal. A few months later the patient returned to the family
practitioner for a routine physical. The patient complained of chest
pain, and the family practitioner recommended other modes of treatment
based on the cardiologist's report that the problem was not cardiac in
nature. When those treatment methods were unsuccessful the family
practitioner scheduled a follow-up visit with the patient, but the
patient died before this visit. The plaintiff's expert testified that
the family practitioner should have questioned the cardiologist's
report and should have sent the patient back to a cardiologist. The
plaintiff's expert was impeached with his testimony from a cardiac
case where he testified on behalf of the defendant. The defense
experts testified that the family practitioner met and exceeded the
standard of care. The jury returned a verdict in favor of all the
defendant physicians with no damages awarded.
This defense verdict was named a “2009
Significant Defense Victory” by the Wisconsin Law Journal.
Decision Date: 10/09/09
Case No. 07-CV-130
State of Wisconsin/Circuit Court/Lincoln County
Jury Trial
In this wrongful death, medical negligence case, CLG
successfully defended a heart and lung surgeon and a physician
assistant from claims that they failed to properly prepare and
inspect a vein used for coronary artery bypasses. It was
undisputed that the patient died 5 hours after the bypass
operation due to bleeding from the bypass. The key dispute
centered on whether the bypass was bleeding at the time of
surgery and should have been recognized by the surgeon and
physician assistant or if the bleeding started shortly before
the patient’s death. The plaintiff sought damages in excess of
$1 million. The plaintiff conceded at trial that the physician
assistant was not negligent and that issue did not go to the
jury. After a five-day trial, the jury found that the surgeon
was not negligent.
Decision Date: 08/11/09
Case No. 06-CV-305
State of Wisconsin/Circuit Court/Rock County
Jury Trial
In this medical negligence case, CLG represented
a surgeon who performed a hernia repair on a patient who contended that repair
was improperly performed. He claimed
that the repair caused chronic groin pain, pain and suffering, wage loss and
medical expenses. The plaintiff’s wife
asserted a claim for loss of society and companionship. Plaintiff relied solely
on testimony from a subsequent treater who performed a re-operation and
testified that the initial procedure was done improperly. The defense
responded with testimony from the defendant surgeon regarding his extensive
experience performing this type of surgery and testimony from two expert
witnesses who testified that the defendant surgeon had met the standard of care.
The plaintiff’s credibility was an issue at trial with the defense presenting
evidence of non-compliance with regard to medical appointments, as well as
negative evidence about the plaintiffs’ marital relationship. The jury
deliberated for 30 minutes and returned a unanimous verdict in favor of the
defendant physician with no damages awarded.
This defense verdict was named a “2009 Significant Defense Victory” by the
Wisconsin Law Journal.
Resolution
date: 07/08/09
Case No.
07-CV-2751
State of
Wisconsin/Circuit Court/Dane County
Jury Trial- Settlement
In this construction case, CLG defended a
general contractor who was sued by the owner of a large
commercial building. The building owner claimed to have
suffered damages from an alleged water leak resulting from a
defective roof drain system. The subcontractor responsible for
the installation and repair of the roof drain system was also
named as a defendant in the lawsuit. Throughout the case, the
subcontractor and its insurer took the position that the general
contractor should be held responsible for the water leak,
regardless of fact that the general contractor did not design,
install or repair the roof drain system. The highest settlement
offer made by the subcontractor prior to trial amounted to only
a fraction of the general contractor’s offer. Nevertheless, the
general contractor did not alter its settlement position and the
case proceeded to trial. After the third day of what was
scheduled to be a five day trial, the subcontractor re-evaluated
its position and increased its settlement offer to an amount
substantially greater than the highest settlement offer made by
the general contractor. The offer was accepted and the case
resolved prior to the conclusion of trial.
Decision date:
07/07/09
Case No. 06 CV 352
State of Wisconsin/Circuit Court/Columbia County
Supreme Court Decision
2009 WI 67, 769 N.W.2d 481
CLG obtained an order from the circuit court dismissing this
medical malpractice wrongful death case involving a retained
sponge on statute of limitations grounds. CLG then successfully
defended the appeal in the Court of Appeals and the Wisconsin
Supreme Court. The Supreme Court held that the patient’s date of
injury for purposes of triggering the three-year limitations
period was the date the sponge was left in the patient’s body;
that a patient’s condition need not be untreatable before an
injury occurs to trigger the limitations period; that a surviving
spouse’s derivative claim for damages due to wrongful death
arising from medical malpractice is controlled by the statute of
limitations for the medical malpractice claim; and that a
surviving spouse’s wrongful death claim arising from medical
malpractice accrues on the same day the medical negligence claim
accrues, regardless of when the patient’s death occurs.
Decision date: 05/19/09
Case No. 06-CV-3502
State of Wisconsin/Circuit Court/Dane
County
Jury Trial-Dismissed After Verdict
In this case, CLG successfully defended American Family against
claims for business loss from a chiropractor whose office had been
damaged by an errant motorist resulting in property damage and
loss of business to the chiropractor’s office. During arbitration,
American Family settled the property damage claim in full and
provided $20,000 to the plaintiff to compensate him for lost
business. The plaintiff believed that he was entitled to more
money for lost business, thus this claim proceeded to trial.
During closing argument, plaintiff’s counsel asked the jury award
$75,640 in damages and interest. The defense argued that the jury
should limit the lost business claim to the three-month period
during which the reconstruction took place and award $5,022. The
jury found that the plaintiff did sustain a business loss and
awarded $14,258. Because this total was less than the amount
already provided by American Family to the plaintiff during
arbitration, the case was dismissed.
Decision date: 04/23/09
Case No. 04-CV-001361
State of Wisconsin/Circuit Court/Milwaukee County
Jury Trial
In this three week medical negligence case, CLG successfully
defended a Milwaukee area hospital from claims that hospital
staff delayed in responding to patient respiratory problems due
to a plugging of his tracheostomy tube. The case was also tried
against a resident physician who was represented by separate
counsel.
The plaintiff’s tracheostomy tube was placed after he
was involved in a motorcycle accident and suffered traumatic
brain injury. Three weeks after the plaintiff was admitted to
the hospital for injuries sustained in the motorcycle accident,
he was transferred to the rehabilitation unit of the hospital.
At trial, the plaintiff contended that when he
had difficulty breathing, the inner portion of his tracheostomy tube
should have been removed or that the tracheostomy tube should have
been replaced. Plaintiff also claimed that a code should have been
called earlier. Medical experts for the plaintiff testified that as a
result of the delay, the plaintiff suffered additional brain injury
which allowed a bone condition known as “heterotopic ossification” to
worsen resulting in plaintiff’s confinement to a wheelchair for the
remainder of his life.
In
final argument, plaintiff's counsel suggested that the jury find both
the hospital and resident physician negligent and apportion the
negligence with the hospital staff 70% at fault and the resident
physician 30% at fault. Plaintiff’s counsel requested an award for
$1.1 million in past medical expenses and additional “millions” in
pain and suffering.
The
jury found no negligence on the part of the hospital staff. The jury
found the resident physician negligent and awarded over $2.1 million
in damages.
The finding of no negligence on the part of
the hospital staff was included in the “2009 Significant Defense
Victories” by the Wisconsin Law Journal.
Decision date: 04/21/09
Case
No. 08-CV-1586
State
of Wisconsin/Circuit Court/Dane County
Jury
Trial
In this medical negligence case, CLG successfully
defended a physical therapist and physiatrist against allegations that
the plaintiff injured his back during physical therapy. The plaintiff
had recently undergone spinal fusion surgery that involved the
installation of instrumentation in his lumbar spine. The plaintiff
claimed that ten days after the surgery he was asked to perform a
physical therapy maneuver which caused the pedicle screws which had
been inserted into his spine to become dislodged. At trial, CLG
successfully argued that the physical therapy maneuver was appropriate
and not the cause of the plaintiff’s injury. The jury returned a
verdict in favor of the defense, finding that neither the physical
therapist nor the physiatrist were negligent. Consequently, no amount
was recovered by the plaintiff.
Decision
Date: 03/13/09
Case No. 05-CV-77
State of Wisconsin/Circuit Court/Iron County
Jury Trial
In
this wrongful death medical negligence case, CLG successfully defended
a family practice physician against claims that he failed to timely
refer the patient to a cardiologist. The plaintiff claimed that the
physician should have considered the patient’s symptoms as high risk
for cardiovascular disease and referred him to a cardiologist
immediately. The patient died of a sudden heart attack before being
referred to a cardiologist. The physician had begun treatment of the
patient’s symptoms of hypertension and acid reflux and his symptoms
were responding to the treatments. The defense argued that these were
appropriate steps before referral to a cardiologist. After a five-day
trial, the jury found that the physician’s care and treatment was not
negligent.
Decision Date: 03/12/09
Case No. 06-CV-066
State of Wisconsin/ Circuit Court/ Sauk County
Jury Trial
CLG unsuccessfully defended a hospital in a wrongful death
medical negligence case where the patient died shortly after
being discharged from the hospital following appendectomy
surgery. The physician who performed the surgery was also a
defendant the case and was represented by other counsel. The
central issue in the case was whether the patient should have
been discharged by in light of abnormal vital signs the morning
of discharge. At trial, the physician testified that he was
unaware of the vital signs the morning of discharge and,
moreover, he questioned their accuracy. The hospital staff
testified that the vital signs were accurate readings. The jury
found in favor of the plaintiff against the physician and the
hospital.
Decision Date: 02/09
Case No. 06-CV-03336
State of Wisconsin/Circuit Court/Brown County
Jury Trial
CLG defended a motor vehicle driver who had run a red light, striking
the plaintiff’s vehicle in the intersection. The plaintiff was an
elderly woman who had experienced an exacerbation of a compression
fracture requiring repeated epidural steroid injections for the rest
of her life. The trial focused on the extent of the plaintiff’s
damages and future medical expenses. The plaintiff’s statutory demand
was $150,000 and she requested over $300,000 in final argument. The
jury awarded $107,000 for all categories of damages.
Decision
date: 01/28/09
Case No. 06-CV-474
State of Wisconsin/Circuit Court/Grant County
Jury Trial- Dismissed
In
this medical negligence case involving claims against a hospital and
its emergency room physician, CLG’s clients were dismissed after only
two days of trial. The plaintiff alleged that the hospital and its
employees were negligent in delaying his transfer, after he was
diagnosed as having suffered an acute myocardial infarction. The
issues of causation, standard of care, and damages were contested.
After the emergency room physician provided testimony on adverse
examination, plaintiff’s counsel agreed to dismiss this action against
the hospital while continuing the case against a co-defendant.
Decision Date: 01/09/09
Case No. 07-CV-481 State of Wisconsin/ Circuit Court/ Manitowoc County
Jury Trial
In this hospital negligence case, CLG successfully defended an adult
day center against allegations that a participant’s fall was caused by
the negligence of the nursing staff. The plaintiff had gait
instability, chronic obstructive pulmonary disorder and other chronic
conditions. Two nursing assistants were assisting the plaintiff
ambulate to the bathroom when he began having breathing difficulties.
He requested that one of the nursing assistants get his inhaler. While
the nursing assistant was obtaining the inhaler, the plaintiff tripped
and fell when entering the bathroom with the assistance of the other
nursing assistant. At trial CLG successfully argued that the plaintiff
did not require a two-person assist to safely ambulate. Evidence was
presented that the plaintiff ambulated with a walker or with the
assistance of one when at home. The jury returned a verdict in favor
of the defense, finding that the nursing assistants were not
negligent.
Shepherd v. M.D
Decision date: 11/07/08
Case No. 04-CV-3971
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this two week medical negligence case, CLG successfully defended a
maternal fetal medicine specialist from claims that a delay in
delivery led to a child's cerebral palsy. The plaintiff contended that
as a result of the delayed delivery, the plaintiff suffered hypoxic
ischemic encephalopathy which in turn led to cerebral palsy. It was
conceded that the plaintiff had a normal life expectancy and that he
would be wheelchair bound and cognitively disabled for life. This was
a complex medical negligence case, with approximately 70 motions in
limine and 19 experts identified by the parties. The issues of
standard of care, causation and damages were contested. In final
argument, plaintiff's counsel requested an award for future medical
and health care expenses in the amount of $2.6 million. This amount
was conceded by the defense. Plaintiff's counsel sought an award for
future loss of earning capacity in the amount of $3.4 million. The
defense suggested an award of $1,538,000 for that category.
Plaintiff's counsel declined to suggest an award for past and future
pain, suffering or disability. The defense suggested a starting point
for those awards of $100,000 for past pain, suffering and disability,
and $500,000 for future pain, suffering and disability. By unanimous
verdict, the jury found in favor of the defendant physician and
hospital, and no damages were awarded.
This defense verdict was named a “2009 Significant Defense Victory” by
the Wisconsin Law Journal.
Barton v
M.D.
Decision date: 09/11/08
Case No. 03-CV-0150
State of Wisconsin/Circuit Court/Rusk County
Jury Trial
In this Circuit Court case, CLG successfully defended an
anesthesiology team, including an anesthesiologist and CRNA, against
claims of negligence. Plaintiff alleged that during a back surgery,
various defendants failed to appropriately monitor the patient.
Plaintiff claimed that as a result, the patient suffered
post-operative bilateral blindness. At the end of the seven day trial,
plaintiff asked the jury to award $4-$8 million for past and future
pain and suffering. The jury found that the various defendants,
including the anesthesiology team, properly monitored the patient and
found in favor of the defense.
Kleeman v. M.D.
Decision date: 07/11/08
Case No. 06-CV-216
State of Wisconsin/Circuit Court/Green County
Jury Trial
In this Circuit Court case, CLG successfully defended an obstetrician
in a lawsuit alleging negligence during the labor and delivery
process. Plaintiff alleged negligence as to the timing of the delivery
and the use of instruments including forceps and vacuum. Plaintiffs
also raised claims regarding informed consent for the delivery plan.
The trial lasted 10 days. Plaintiff's demand in closing arguments was
for $10 million for future medical bills, $1 million in loss of
earning capacity and for at least another $11 million for pain and
suffering. The jury found for the defense, concluding that Defendant
acted within the standard of care during the delivery and provided
acquired appropriate informed consent for the treatment.
Borowski
v. Nurse Practitioner
Decision date: 07/11/08
Case No. 06-CV-255
State of Wisconsin/Circuit Court/Oneida County
Jury Trial
In this medical malpractice case, CLG successfully defended a nurse
practitioner from allegations that he failed to notify the plaintiff
that a radiology report showed evidence of a potential aneurysm in his
leg. The plaintiff did not obtain further treatment to verify the
existence of the aneurysm, which later clotted and resulted in loss of
the leg above the knee. At trial, CLG successfully argued that the
nurse practitioner had provided the information, but that the
plaintiff chose not to undergo the recommended additional testing.
Plaintiff also made a claim for informed consent which the trial court
dismissed on a motion for partial summary judgment finding that the
informed consent law does not apply to nurse practitioners.
Nett v. M.D.
Decision date: 06/24/08
Case No. 05-CV-642
State of Wisconsin/Circuit Court/Winnebago County
Jury Trial
In this medical negligence case, CLG successfully defended a
neurosurgeon who was alleged to have been negligent in failing to
identify an epidural abscess. The alleged negligence led to the
plaintiff being rendered a paraplegic and wheelchair bound for the
rest of his life. The defense was that this was a difficult diagnosis,
and that even though the neurosurgeon had identified the abnormality
on the films, a reasonable neurosurgeon would not have made an earlier
diagnosis of the cause of the abnormality. The following damage
amounts were the subject of stipulation: Future loss of earning:
$33,529; Household services: $60,710; Future medical expenses:
$90,000; Miscellaneous expenses: $8,000. Plaintiff's counsel requested
past medical expenses in the amount of $304,000. The defense requested
the jury award $161,000. Plaintiff's counsel requested the jury award
between $750,000 and $1 million for past pain, suffering and
disability. He requested $1.3 million to $1.6 million for future pain,
suffering and disability. The defense suggested an award for those two
categories totaling $500,000. The jury found that the neurosurgeon met
the standard of care and no amount was recovered by the plaintiff.
This defense verdict was named a “2009 Significant Defense Victory” by
the Wisconsin Law Journal.
Meyer et al v. Hughes
Decision date: 05/28/08
Case No. 07-CV-2274
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this Dane County case, CLG successfully defended a driver alleged
to have injured the plaintiff in a motor vehicle accident.
Specifically, plaintiff claimed to have sustained nearly $9,000 in
medical specials, stemming from injuries she suffered from, over a
period of 4 years. The nature of plaintiff's injuries and the duration
of her healing period was supported by plaintiff's treating
physicians. Prior to trial, plaintiffs had filed a statutory offer of
$19,500, and defendants filed a statutory offer of $7,000. The jury
returned a defense verdict of $6,700 after CLG was able to
successfully argue that plaintiff's injuries were minor and resolved
shortly after the accident.
Erickson v. M.D.
Decision date: 04/11/08
Case No. 05-CV-239
State of Wisconsin/Circuit Court/Green County
Jury Trial
In this medical negligence case, CLG successfully defended a surgeon
who was alleged to have been negligent in performing a wrong-site
hernia repair necessitating a second hernia repair. Plaintiff claimed
to have suffered pain and suffering, as well as emotional distress,
related to the incident, and had most recently demanded $20,000 to
settle the case. At trial, the jury awarded only $5,000 in damages.
(Defendants had offered to settle the case for $5,000 early in the
litigation.) During trial, and in motions after verdict, CLG filed
motions to dismiss, based on the fact that plaintiffs had no expert
witness, and that the court had improperly given the res ipsa loquitor
instruction. Plaintiffs subsequently decided to dismiss the case
rather than respond to CLG's motions, resulting in complete dismissal
without any judgment being entered.
Marzofka v. M.D.
Decision date: 04/10/08
Case No. 06-CV-368
State of Wisconsin/Circuit Court/Wood County
Jury Trial
In this medical malpractice case, CLG defended a surgeon who
inadvertently struck the plaintiff's bowel while doing a laparoscopic
hernia repair. Recognizing the bowel was injured, the operation was
immediately transformed into an open procedure, and a bowel repair was
done with sutures on one side of the bowel. After extensive searching
for an additional bowel injury, nothing was found and the patient was
closed. Thereafter, the patient became septic and a subsequent
procedure revealed an additional bowel injury that the initial surgeon
did not find. One of the issues in the case was whether or not the
surgeon negligently repaired the bowel injury. As a result of the
delay in repairing the bowel injury, the 40 year old patient will be
required to wear a colostomy bag for the rest of his life. With two
dissents, the jury found liability on the defendant physician. Past
and future health care expenses were stipulated by the parties at
$175,000. Future health care expenses were stipulated at $64,000. Past
loss of earning capacity was requested by the plaintiff, and conceded
by the defense in the amount of $265,000, however the jury chose to
award $175,000. Plaintiff's counsel sought an award of $600,000 in
future loss of earning capacity, and the defense conceded an amount of
$500,000. The jury awarded $300,000. For past and future pain and
suffering, plaintiff's counsel requested an award between $2 million
and $4 million. The defense conceded an award for those categories of
between $500,000 and $1 million. The jury awarded a total of $250,000
for the categories of past and future pain and suffering. The
plaintiff's attorney sought $250,000 from the jury for the wife's loss
of society and companionship. The defense argued that award should be
included within the award for the husband's pain and suffering. The
jury awarded $40,000.
Walker v. M.D.
Decision date: 03/27/08
Case No. 06-CV-1100
State of Wisconsin/Circuit Court/Rock County
Jury Trial
In this Rock County medical negligence case, liability was conceded.
The only issue at trial was reasonable compensation for pain,
suffering and disfigurement arising out of breast reduction surgery on
a 19 year old female. Past and future medical expenses were stipulated
in the amounts of $55,743 and $50,000, respectively. The unfortunate
outcome from the breast reduction surgery required the plaintiff to
undergo multiple reconstructive surgeries, some of which were
scheduled to take place after the conclusion of the trial. It was
unknown at the time of trial whether or not the plaintiff had lost her
ability to breast feed. In final argument, plaintiff's counsel
requested a jury verdict of $1.5 million for past pain, suffering and
disability, and $500,000 for future pain, suffering and disability.
The defense suggested a combined award of $250,000. The jury awarded
$650,000.
Hill v.
Social Worker
Decision date: 03/11/08
Case No. 06-C-0732-C
Federal Court/Western District of Wisconsin
Jury Trial
In this Federal Court case, CLG successfully defended a social worker
in a constitutional rights action filed by the estate of a Dane County
Jail inmate. The Plaintiff alleged that the defendant was deliberately
indifferent to a risk that the Plaintiff would attempt suicide and, as
a result, it was alleged that plaintiff took her own life. CLG was
able to successfully argue that there was no basis to conclude the
plaintiff would commit an act of self harm. The jury found in favor of
the defense and found that social worker was not deliberately
indifferent to the plaintiff's medical needs.
Yang v. American Family
Decision date: 03/08
Case No. 06-CV-174
State of Wisconsin/Circuit Court/LaCrosse County
Jury Trial
CLG defended American Family in a case involving a minor plaintiff who
was involved involved in a vehicle vs. pedestrian accident near a
school zone. CLG’s role was limited to representing American Family’s
interest in the trial as the insured had his own counsel.
Lipinski v. M.D.
Decision date: 11/02/07
Case No. 05-CV-70
State of Wisconsin/Circuit Court/Buffalo County
Jury Trial
In this personal injury case, CLG successfully defended a physician in
a case where it was alleged that he failed to properly assess the
plaintiff's condition at the time of the admission, and that the
nurses were aware of the deteriorating neurological status and ignored
it, resulting in plaintiff being wheelchair-bound with partial use of
his hands, and total loss of bowel and bladder control. Plaintiff's
attorney had requested a jury award of $14 to $19 million.
This defense verdict was ranked No. 1 by the Wisconsin Law Journal
for the “Top 10 Zero-Dollar Verdicts” in 2007.
McCarn v. M.D.
Decision date: 11/02/07
Case No. 05-CV-531
State of Wisconsin/Circuit Court/Eau Claire County
Jury Trial - No Liability
In this wrongful death case, CLG successfully defended an
anesthesiologist accused of medical negligence, and negligence in
providing informed consent. Plaintiff alleged the anesthesiologist was
negligent in the insertion of a transesophageal echocardiography
probe, which caused a tear the entire length of the plaintiff's
esophagus. The laceration resulted in the plaintiff's death two weeks
later. Plaintiffs requested an award of nearly a million dollars.
Estate v. Harbor
Village Owner's Association
Decision date: 09/27/07
Case No. 04-CV-4070
State of Wisconsin/Circuit Court/Dane County
Jury Trial - Obtained direct verdict in favor of defendant property
management company
In this property damage case, CLG successfully defended a condominium
property management company where it was alleged that the company was
negligent for failing to properly identify and repair the common areas
of the condominium, thus causing water infiltration into the
plaintiff's unit and resulting in mold. In closing argument, the
Plaintiffs requested damages over $200,000. At trial, the judge
directed a verdict in favor of the property management company,
finding the company was not negligent as a matter of law when it
worked with the plaintiffs and the condominium association to
effectuate repairs to the common areas.
Action Earthmovers et al v. Soderstrom
Decision date: 09/07/07
Case No: 07-CV-85
State of Wisconsin/Circuit Court/Grant County
Jury Trial - No Liability
In this property damage case, CLG successfully defended an excavation
company where it was alleged that the company negligently excavated
and caused over $30,000 in damage to the claimants. At trial, the jury
returned a verdict in favor of the excavation company and found that
the claimant owed the excavator money, due for the unpaid excavation
work.
Haferman v. M.D.
Decision date: 06/14/07
Case No: 02-CV-717
State of Wisconsin/Circuit Court/Sauk County
Jury Trial
In this medical negligence case, CLG successfully defended a family
practitioner in an obstetrics case where it was alleged that he was
negligent in his care and treatment during labor and delivery.
Plaintiff's attorney presented evidence that damages exceeded $10
million. The jury found the doctor not negligent.
Reeve v. Findorff and Staff Electric
Decision date: 06/14/07
Case No. 04-CV-3285
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this personal injury case, CLG successfully defended a construction
company in a case where it was alleged that it was negligent for not
marking an electrical line, leading to neurological injuries of the
plaintiff's upper extremities. Plaintiff's attorney had requested a
jury award of over $418,000.
This defense verdict was ranked No. 8 by the Wisconsin Law Journal
for the “Top 10 Zero-Dollar Verdicts” in 2007.
Wolters v.
Hospital
Decision date: 06/01/07
Case No. 04-CV-1358
State of Wisconsin/Circuit Court/Rock County
Jury Trial - No Liability
In this medical malpractice case, CLG successfully defended a
hospital, a surgical assistant and a resident physician in a case
where it was alleged that they were negligent in their care and
treatment of a patient before and after surgery, resulting in nerve
injury to the patient's shoulder. It was alleged that this negligence
caused the patient severe and permanent injuries. Plaintiff's attorney
had requested a jury award of over $1 million.
This defense verdict was ranked No. 4 by the Wisconsin Law Journal
for the “Top 10 Zero-Dollar Verdicts” for 2007.
Walton v.
M.D.
Decision date: 05/25/07
Case No: 04-CV-3848
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this medical negligence case, CLG successfully defended the
Wisconsin Injured Patient and Families Compensation Fund in an
obstetrics case where it was alleged that a family practitioner was
negligent in her care and treatment of her patient. Plaintiff's
attorney presented evidence that damages exceeded $1 million. The jury
found the doctor not negligent.
Parker v. M.D.
Decision date: 03/30/07
Case No. 04-CV-582
State of Wisconsin/Circuit Court/Rock County
Jury Trial - No Liability
In this medical negligence action, CLG successfully defended a general
surgeon who performed bypass surgery, which was followed by an above
the knee amputation of the plaintiff's leg. Plaintiff contended that
the defendant surgeon failed to obtain appropriate informed consent,
that the surgery was performed below the standard of care, and that
following the surgery, the patient should have been referred to
another institution. Plaintiff sought damages in excess of $3 million.
This case was appealed and the jury verdict was upheld by the
Wisconsin Supreme Court.
This defense verdict was ranked No. 3 by the Wisconsin Law
Journal for the “Top 10 Zero-Dollar Verdicts” for 2007.
Tidmore v. Midwest Trailer Sales,
Inc.
Decision date: 02/15/07
Case No. 05-CV-3498
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this personal injury case, CLG successfully defended the trailer
company in a case where it was alleged that the trailer was defective
and unreasonably dangerous as a result of numerous substandard welds
that were utilized to attach the rear axle assembly of the trailer,
resulting in plaintiff being a paraplegic. Plaintiff's attorney had
requested a jury award of over $12 million.
This defense verdict was ranked No. 2 by
the Wisconsin Law Journal for the “Top 10 Zero-Dollar Verdicts”
for 2007.
Chobanian v. Hospital
Decision date: 02/07/07
Case No: 04-CV-484
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this medical malpractice case, CLG successfully defended a hospital
in a case where it was alleged that the hospital nurses were negligent
during the labor and delivery of the plaintiff and her baby.
Plaintiff's attorney presented evidence that damages exceeded $25
million. The jury found the defendant hospital negligent, but also
found that the negligence did not cause any injury.
Cain v. M.D.
Decision date: 02/02/07
Case No. 05-CV-1131
State of Wisconsin/Circuit Court/Rock County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended both a
family practitioner and a cardiologist in a case where it was alleged
that they were negligent for failing to properly diagnose and treat
the patient's coronary artery disease. It was alleged that this
failure caused the death of the patient. Plaintiff's attorney had
requested a jury award just under $1 million.
This defense verdict was ranked No. 5 by the Wisconsin Law
Journal for the “Top 10 Zero-Dollar Verdicts” for 2007.
State Auto Insurance Company v.
Ubersox
Decision date: 01/04/07
Case No. 05-CV-85
State of Wisconsin/Circuit Court/Lafayette County
Jury Trial
In this insurance coverage case, CLG successfully argued that an
individual who caused extensive property damage after driving a
borrowed vehicle into a house was not covered under the vehicle
owners' insurance policy. The plaintiff claimed that the driver
had permission to use the vehicle on the night of the accident
because he had used the vehicle on numerous prior occasions. At
trial, the jury returned a verdict that the driver exceeded the
scope of the vehicle owners' permission when he used their
vehicle on the night of the accident.
Kelley v. American Family
Decision date: 10/17/06
Case No. 04-CV-781
State of Wisconsin/Circuit Court/Rock County
Jury Trial
CLG successfully defended a driver alleged to have caused a
rear-end motor vehicle accident. The plaintiff claimed to have
suffered soft-tissue injuries which were permanent in nature as
a result of the accident. At trial, the jury returned a defense
verdict after CLG was able to successfully argue that
plaintiff's personal injuries were minor and resolved shortly
after the accident.
Rossing v. B
Decision date: 05/10/06
Case No: 03-CV-1587
State of Wisconsin/Circuit Court/Dane County
Trial to Court
CLG successfully defended a hunter who mistakenly shot an
individual in the woods. After hearing the victim scream, the
defendant covered his cartridge shell with leaves and fled the
scene. He was later apprehended and confessed his error.
Thankfully, the plaintiff was not critically injured. He sought
punitive and compensatory damages. The Judge awarded less than
the defense Offer of Judgment and no punitive damages.
Brauschweig v. Monona Plumbing
Decision date: 04/27/06
Case No: 04-CV-1838
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this case, CLG defended a driver forced to move into an
intersection to see around a stopped vehicle on the side of a
country road. The stopped driver was on the shoulder using his
cell phone. After moving into the intersection from a stop sign,
the defendant was struck by plaintiff's vehicle, which was
moving at highway speed. Although the damage award was less than
CLG had recommended for settlement, the jury rejected the
defense argument that the stopped driver was substantially at
fault for causing the accident.
Kolman v. Clinic
Decision date: 03/30/06
Case No. 03-CV-147
State of Wisconsin/Circuit Court/Richland County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended a
clinic in a case where it was alleged that a nurse practitioner
and a physician's assistant failed to diagnose a pulmonary
embolus. It was alleged that this failure caused the death of
the patient. Plaintiff's attorney had requested a jury award in
excess of $1 million.
Stauff v. M.D.
Decision date: 02/16/06
Case No. 04-CV-574
State of Wisconsin/Circuit Court/Rock County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended a
cardiac surgeon accused of failing to properly monitor a patient
after coronary bypass surgery. It was alleged that this failure
resulted in a failure to treat a volvulus, thus causing the
patient's death. Plaintiff's attorney had requested a jury award
in excess of $200,000.
Ristau v. American Family
Decision date: 01/24/06
Case No. 05-CV-51
State of Wisconsin/Circuit Court/Grant County
Jury Trial
CLG successfully defended a driver alleged to have caused a
side-impact motor vehicle accident. The plaintiff claimed to
have suffered soft-tissue injuries which were permanent in
nature as a result of the accident. At trial, the jury returned
a defense verdict after CLG was able to successfully argue that
plaintiff's personal injuries were minor and resolved shortly
after the accident.
Mislang v.
Hospital
Decision date: 10/13/05
Case No. 03-CV-674
State of Wisconsin/Circuit Court/Washington County
Jury Trial
This was a wrongful death case involving the death of a wife and
mother of two, after the nurses allegedly failed to properly
monitor the patient's pulmonary status. CLG defended the
hospital and its nurses.
Early in the trial, a co-defendant physician criticized the
nursing care. Thereafter, in excess of $350,000 was offered in
settlement on behalf of the hospital for its nurses. This amount
as well as a lesser amount tendered by the physician, were
rejected and the jury returned a verdict finding neither the
physician nor the nurses/hospital negligent.
Fuller v. American Family
Decision date: 10/04/05
Case No. 01-CV-641
State of Wisconsin/Circuit Court/Dane County
Jury Trial
CLG defended a driver alleged to have caused a rear-end motor
vehicle accident. The plaintiff claimed to have suffered not
only physical soft-tissue injuries, but also traumatic
psychological injuries from the incident. The jury determined
that the plaintiff suffered absolutely no injury and found for
the defense.
Gobin v. Hospital
Decision date: 06/07/05
Case No. 03-CV-130
State of Wisconsin/Circuit Court/Crawford County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended a
hospital accused of improperly caring for a pregnant woman after
an automobile accident. It was alleged that the improper care
led to the stillbirth of plaintiff's baby. Plaintiff's attorney
had requested a jury award in excess of $300,000.
Jansen v. General Contractor
Decision date: 03/02/05
Case No: 04-C-0344-S
Federal Court/Western District/Wisconsin
In this case, CLG unsuccessfully defended the general contractor
of a luxury log home against a dissatisfied customer.
Mortensen v. M.D.
Decision date: 12/14/04
Case No. 02-CV-3388
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this medical negligence action, CLG was successful in
defending a local orthopedic surgeon whose carpal tunnel
procedure resulted in neurologic injury to the patient's median
nerve. Although the nerve injury occurred, the defense was
successful in persuading the jury that this complication arose
in the absence of negligence.
McNabb v. Hospital
Decision date: 11/18/04
Case No. 02-CV-07
State of Wisconsin/Circuit Court/Wood County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended a
hospital accused of failing to properly treat an elderly
patient. It was alleged that because of improper administration
of an antibiotic and improper follow-up care, the patient
developed a bleeding ulcer. Plaintiff's attorney had requested a
jury award in excess of $400,000.
Boyance v. M.D.
Decision date: 11/08/04
Case No. 02-CV-244
State of Wisconsin/Circuit Court/Wood County
Jury Trial
In this case, CLG successfully defended a radiation oncologist
who was accused of misdiagnosing a spinal infection, leading to
a permanent neurologic sequelae.
Schroeder v. M.D.
Decision date: 02/25/04
Case No. 02-CV-108
State of Wisconsin/Circuit Court/Monroe County
Jury Trial
In this case, the defendant gastroenterologist injured the
patient while doing an ERCP. The sole issue in the case was
whether or not the defendant physician had provided appropriate
informed consent to the patient. Medical specials relating to
the incident were in excess of $900,000, although plaintiff's
counsel only submitted proof of $500,000 to the jury.
After a three day trial, the jury returned a verdict in ten
minutes in favor of the defendant physician.
Oster v. M.D.
Decision date: 02/20/04
Case No. 01-CV-988
State of Wisconsin/Circuit Court/Rock County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended an
obstetrician where it was alleged that the physician was
negligent in managing the labor and delivery of a pregnant
patient. It was alleged that the negligence had caused
neurological abnormalities in the newborn. Plaintiff's attorney
had requested damages in excess of $1 million.
Olson v. M.D.
Decision date: 02/06/04
Case No. 02-CV-507
State of Wisconsin/Circuit Court/La Crosse County
Jury Trial
In this very difficult defense case, CLG was unsuccessful in
defending a family practitioner's failure to diagnose coronary
artery disease, leading to a myocardial infarction and wrongful
death for the married mother of two.
Franke v. American Family
Decision date: 02/04/03
Case No. 01-CV-2019
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this jury trial, CLG successfully defended a motor vehicle
driver. The plaintiff received a special verdict award of
$30,626. Prior to trial, CLG had filed a statutory offer of
judgment for $100,000, and accordingly was entitled to tax costs
against the plaintiff. The lowest pre-trial settlement demand
was $240,000.
Phelps v. M.D.
Decision date: 01/29/03
Case No. 99-CV-7971
State of Wisconsin/Circuit Court/Milwaukee County
Bench Trial
In this medical negligence case arising from the death of a
baby, CLG defended a first-year, unlicensed medical intern
charged with failing to meet the standard of care of a licensed
obstetrical physician. In this trial to the Court, plaintiff's
counsel requested $4 million in damages, and the Court returned
a verdict of $990,000. The trial court judgment was reversed by
an appellate court which held that the first-year, unlicensed
resident should not have been judged by the standard of care of
licensed physicians.
Richland County v. Architectural
Firm
Decision date: 11/07/02
Case No. 93-CV-109
State of Wisconsin/Circuit Court/Richland County
Arbitration
In this construction negligence case, CLG defended an
architectural firm for allegedly failing to properly design a
natatorium building and for failing to properly supervise
contractors during construction. Prior to arbitration,
defendants offered $100,000 to settle. At arbitration,
plaintiff's attorney requested 1.2 million dollars. Arbitration
panel awarded $72,264. The court confirmed the arbitration
award.
Puckett v. M.D.
Decision date: 08/29/02
Case No. 00-CV-2361
State of Wisconsin/Circuit Court/Dane County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended an
obstetrician accused of failing to agree to a patient's request
for a caesarean section. There was also a claim for negligent
monitoring of the patient, both of which resulting in severe
neurological damage to the baby. Plaintiff's attorney had
requested a jury award of approximately 2.2 million dollars.
Daly v. M.D.
Decision date: 07/31/02
Case No. 98-CV-17
State of Wisconsin/Circuit Court/Green County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended a
psychiatrist in a six-week trial where it was alleged that the
doctor failed to properly diagnose and treat a patient with
multiple personality disorder. Plaintiff's attorney requested a
jury award of approximately $5.5 million.
American Family v. Plucinski
Decision date: 07/19/02
Case No. 01-CV-210
State of Wisconsin/Circuit Court/Jefferson County
Jury Trial
In this declaratory judgment case, CLG successfully represented
an insurance carrier contending that a homeowner committed arson
and misrepresented her proof of loss. The homeowner's attorney
had requested damages of approximately $200,000 for lost house
contents.
Boettcher v. M.D. and CRNA
Decision date: 06/11/02
Case No. 99-CV-0914
State of Wisconsin/Circuit Court/Dane County
Jury Trial - No Liability
In this medical negligence case, CLG successfully defended an
anesthesiologist and a CRNA, for allegedly using an
inappropriately mixed anesthetic agent, and failing to respond
in a timely manner to the cardiac arrest the agent caused.
Plaintiff's attorney had requested a jury award of approximately
4 million dollars.
This defense verdict was awarded Defense Verdict of the Year by the
Wisconsin Law Journal in 2002.
Erickson v. American Family
Decision date: 06/04/02
Case No. 01-CV-2116
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this personal injury lawsuit, CLG successfully defended the
defendant insurance company and its insured accused of negligently
operating her motor vehicle. The plaintiff claimed permanent back and
neck injuries, loss of future earning capacity and past wage loss.
Plaintiff's counsel had requested a jury award of approximately
$35,000 after the court dismissed several of the claims upon motions
by CLG. The jury found no cause and awarded a total of $1,900.
Sugden v. American Family Mutual
Insurance Company
Decision date: 01/31/02
2002 WI App 49, 251 Wis. 2d 344, 641 N.W.2d 693
Wisconsin Court of Appeals
CLG successfully argued to the Wisconsin Court of Appeals that an
anti-stacking clause in an insurance policy need not precisely mirror
the language of the statute permitting such a clause in order to be
enforceable and that an insurer does not waive its right to assert the
anti-stacking clause by stacking some coverages and erroneously
advising the insured that additional coverage is available.
Zummo v. M.D. and Clinic
Decision date: 11/29/01
Case No. 99-CV-0029
State of Wisconsin/Circuit Court/Rock County
Jury Trial
This medical negligence case arose from a sponge being left in a
patient during an open abdominal procedure. CLG defended both a
surgeon and a Clinic employee who was one of those responsible for
counting sponges at the time of the procedure. After a four-day trial,
the jury absolved the surgeon of any responsibility for the sponge
being left in the patient. Against the Clinic employee, the jury
awarded $25,000 for past and future pain, suffering and disfigurement.
Medical bills had been stipulated in the amount of $11,386. Past wages
had been stipulated in the amount of $596. The gross award by the jury
totaled $36,981.67. However, the hospital (which had already settled)
was found 75% at fault, leaving a recovery against the Clinic totaling
$9,245.42.
A formal offer of settlement had been made on behalf of the Clinic
prior to trial in the total amount of $17,500. Plaintiff's lowest
settlement demand against these defendants prior to trial was $50,000.
Secura Insurance Company v. Strang,
Inc.
Decision date: 10/11/01
Case No. 00-CV-1702
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this subrogation action, CLG represented the plaintiff insurance
carrier against an engineering firm which had designed a replacement
roof for a local mall. After the roof was completed, severe leakage
occurred, causing the insurance company to incur expenses in
compensating its insured store owner for damaged retail goods.
The engineering firm blamed the co-defendant general contractor for
the leakage and the general contractor blamed the engineering firm for
poor design.
A four day jury trial resulted in a verdict against the engineering
firm of approximately $145,000. Prior to trial, CLG had filed a formal
offer to settle in the amount of $132,445 and the verdict exceeded
that amount. The highest offer of settlement made by the defendants
prior to trial was $90,000.
This matter was settled after motions after verdict.
Gr. Ch. v. Petro Equipment Co.
Decision date: 08/31/01
Case No. 99-CV-157
State of Wisconsin/Circuit Court/Dodge County
Jury Trial
In this property damage case, CLG successfully represented a cheese
factory for property damages they incurred as a result of a fire at
its plant. The fire arose out of the faulty installation of components
to a propane alternate fuel system which allowed a valve to be closed
that caused the system to overpressurize which then allowed propane to
be released into a shed. The propane was ignited by a pilot light
within the shed. The components were installed by Petro Equipment
Company ("Petro"). Prior to trial, total damages were stipulated at
$63,422.53 and the case was tried on liability issues. The jury found
Petro 85% casually negligent for the fire resulting in an award of
$53,909.15 to the cheese factory. Petro's highest offer before trial
was $20,000.
Anderson v. M.D.
Decision date: 08/02/01
Case No. 00-CV-1178
State of Wisconsin/Circuit Court/Dane County
Jury Trial
This jury trial lasted approximately five days. It resulted from a
cardiothoracic surgeon being sued when he lacerated the aortic arch
during a routine mediastinoscopy, resulting in the patient's death.
In final argument, plaintiff's counsel requested damages in excess of
$375,000.
The jury found in favor of the defendant physician on the issue of
negligence, and accordingly, no damages were awarded.
Taylor v. Greatway Insurance Company
Decision date: 07/06/01
2001 WI 93, 245 Wis. 2d 134, 628 N.W.2d 916
Wisconsin Supreme Court
CLG successfully argued to the Wisconsin Supreme Court that a
tortfeasor's vehicle did not fit the definition of underinsured motor
vehicle in an insurance policy; and that a reducing clause in the
policy was unambiguous, valid and enforceable and that the policy when
read in context clearly advised the insured that he had purchased a
fixed level of underinsured motorist coverage that was arrived at by
combining payments from all sources.
Kutchera v. M.D.
Decision date: 06/25/01
Case No. 98-CV-697
State of Wisconsin/Circuit Court/Marathon County
Jury Trial
In this case, CLG successfully defended an orthopedic surgeon who
severed the patient's median nerve while conducting a carpal tunnel
release. The surgeon was utilizing an instrument known as the "Indiana
Tome" and there were allegations that the design of the Indiana Tome
was a contributing factor to the damaged median nerve.
As a result of the damaged nerve, the patient developed RSD, which
affected her ability to earn income.
Plaintiff's counsel requested a jury award between $302,585 and
$325,785. The jury returned a verdict in favor of the defendant
orthopedic surgeon on the issue of negligence and in accordance with
that verdict, awarded no damages.
Nicholson v. American Family
Decision date: 06/18/01
Case No. 00-CV-139
State of Wisconsin/Circuit Court/Dane County
Jury Trial
CLG defended an electrician accused of negligently wiring the
plaintiff's hot tub. When the plaintiff stepped into the hot tub, he
was electrocuted with 120 volts of electricity for 30 to 60 seconds.
Plaintiff lost consciousness and fell out of the tub, further injuring
his shoulder. The jury awarded a total of $15,000 in damages.
Waisnen v. ATS
Decision date: 05/18/01
Case No. 98-CV-2052
State of Wisconsin/Circuit Court/Dane County
Jury Trial
CLG defended a heavy equipment training school after its employee
allegedly struck a student with his vehicle in the school's parking
lot. As a result of the collision, plaintiff claimed permanent neck
injuries, resulting in the need for surgery. The medical records from
the date of the accident revealed that the collision was not enough to
cause a bruise where the plaintiff was struck. Prior to trial, a
stipulation was entered into so that CLG's client would only have to
pay if the plaintiff's damages exceeded the limits of the employee's
auto insurance. A further stipulation was entered into on the issue of
liability and the case was tried on damages. The jury awarded the
plaintiff less than the limits of the automobile policy and CLG's
client did not have to contribute to the judgment.
Pronschinske v. M.D.
Decision date: 05/17/01
Case No. 99-CV-18
State of Wisconsin/Circuit Court/Jackson County
Jury Trial
This case involved a failure to diagnose a patient's myocardial
infarction, leading to the patient's death. Liability and damages had
been tried prior to this trial (the second trial) resulting in a
liability verdict against the physician and damages in excess of
$200,000. The Circuit Court Judge did not believe the evidence
supported casual negligence against the defendant physician, and the
second trial that took place in May of 2001 was limited to the issue
of causation.
In this second trial, CLG was unsuccessful in persuading the jury that
the defendant's negligence did not cause the patient's demise. The
Court of Appeals in the State of Wisconsin affirmed that verdict.
Konop v. M.D.
Decision date: 01/26/01
Case No. 99-CV-128
State of Wisconsin/Circuit Court/Portage County
Jury Trial
In this case, CLG represented a radiologist who was accused of
inappropriately interpreting an x-ray leading to the failure to timely
diagnose Ewing's Sarcoma in a young man. The alleged misreading of the
x-ray and delayed diagnosis resulted in the patient's death. During
final argument on day three of trial, plaintiff's counsel requested
damages in excess of $2,350,000 for the young man's death and
pecuniary loss. The jury found the defendant physician not casually
negligent, and therefore declined to award damages.
Willkomm v. M.D.
Decision date: 09/15/00
Case No. 99-CV-0259
State of Wisconsin/Circuit Court/Grant County
Jury Trial
This case resulted from a general surgeon's unsuccessful attempt to
remove a sacral tumor from an elderly female. During the course of the
procedure, the patient began to bleed uncontrollably. The surgeon, who
was defended by CLG, attempted to control the bleeding for many hours,
and the patient finally was Med-Flighted to a tertiary care facility.
While at the facility, the patient expired. In final argument,
plaintiff's counsel requested over $800,000 in damages. After a
four-day jury trial, the jury returned a verdict in favor of the
general surgeon and declined to award damages.
White v. American Family
Decision date: 09/07/00
Case No. 99-CV-128
State of Wisconsin/Circuit Court/Rock County
Jury Trial
In this case, CLG defended American Family Insurance Company on a
claim arising from a motor vehicle accident. Only the issue of damages
was litigated. As a result of the three-day jury trial, the jury
awarded damages of approximately $125,000, including damage categories
of past and future pain and suffering, medical expenses, and loss of
earning capacity.
The plaintiff argued that his soft tissue neck injury was permanent in
nature and that he was restricted to light duty work. The defendant's
independent medical examiner agreed that the plaintiff had suffered a
permanent injury. The award obtained by the plaintiff from the jury
was in excess of what had been offered by the defense.
Stoner v. M.D.
Decision date: 08/24/00
Case No. 00-CV-55
State of Wisconsin/Circuit Court/Barron County
Jury Trial
In this medical negligence action, CLG defended a general surgeon who
unsuccessfully attempted to repair the patient's shoulder utilizing a
technique known as "acromion split." This was the first time the
surgeon had attempted that procedure, and plaintiffs contended that
the surgeon failed to obtain appropriate informed consent prior to the
procedure, and after the procedure, referred to the patient as his
"guinea pig." The failed surgery resulted in the patient's total
disability.
In final argument, plaintiff's counsel requested damages in excess of
$650,000. The four-day jury trial resulted in a verdict in favor of
the defendant orthopedic surgeon, and accordingly the jury awarded no
damages.
Fox v. American Family
Decision date: 07/19/00
Case No. 99-CV-948
State of Wisconsin/Circuit Court/Dane County
Jury Trial
In this case, CLG defended an insurance company sued as a result of a
motor vehicle accident in which the defendant's insured rear-ended the
plaintiff's vehicle. The issues addressed by the jury were limited to
whether the low speed accident caused the plaintiff's injuries, and if
so, the amount of damages suffered by the plaintiff.
The lowest settlement demand made by plaintiff's counsel prior to the
verdict was $70,000. At the conclusion of the jury trial, the jury
found that the motor vehicle accident did not cause injury to the
plaintiff, and no damages were recoverable. Pursuant to Wisconsin law,
the jury was still required to calculate damages, and awarded $2,500
in medical expenses, $600 in lost wages, and $5,000 for past and
future injuries.
Yahnke v. M.D.
Decision date: 06/30/00
2000 WI 74, 236 Wis. 2d 257, 613 N.W.2d 102
Wisconsin Supreme Court
CLG successfully argued to the Wisconsin Supreme Court to adopt the
sham affidavit rule in Wisconsin, which provides that a party's
witnesses may not without explanation make a material change to their
sworn testimony, where that change in testimony would defeat a motion
for summary judgment brought by the opposing party.
Ash v. American Family
Decision date: 05/26/00
Case No. 98-CV-000534
State of Wisconsin/Circuit Court/Rock County
Jury Trial
In this auto accident case, which CLG defended, the only issue
considered by the jury was the issue of damages. The question was
whether the plaintiff had suffered "fibromyalgia," a permanent soft
tissue injury. Her medical bills were uncontested and totaled in
excess of $40,000. Plaintiff's counsel requested $544,000 in damages,
including future medical expenses in excess of $150,000 and loss of
earning capacity of $390,000.
The jury awarded the plaintiff and her husband over $140,000. This was
in excess of the amount offered by the defendant, and in excess of a
formal offer of settlement that had been made by the plaintiff.
Wollin v. Roach and American Family
Decision date: 04/27/00
Case No. 98-CV-140
State of Wisconsin/Circuit Court/Jefferson County
Jury Trial
In this case, CLG defended the insurer of the plaintiff in an
uninsured motorist claim. The plaintiff insured alleged that the
defendant driver was negligent. American Family Insurance Company took
the position that the plaintiff's negligence was a cause of her
injuries.
The plaintiff was a pedestrian wearing dark clothing, and walking
either on the roadway or off the roadway (depending on who you
believe) at the time of the accident. The accident resulted in severe
neurologic injuries to the plaintiff, requiring institutional care for
the rest of her life. Past medical expenses totaled $524,319. Future
medical expense was proven in the amount of 3 million dollars. In
final argument, the plaintiff's attorney requested an award for
personal injuries and future medical expenses in a range between 4 to
6 million dollars.
At the conclusion of a four-day jury trial, CLG was successful in
persuading the jury that the defendant driver was not at fault in
causing the accident. Although no damages were recoverable due to the
finding of no liability against the defendant, pursuant to Wisconsin
law, the jury still answered the damages questions, filling in
$500,000 for past and future personal injuries, and 1 million dollars
for future medical expenses. The past medical expenses had been the
subject of a stipulation.
Davis v. American Family
Decision date: 09/23/99
Case No. 95-CV-35
State of Wisconsin/Circuit Court/Polk County
Jury Trial
In this complicated case, CLG defended the insurance carrier accused
of bad faith handling of a claim. The claim arose out of a motor
vehicle accident that took place in the State of Minnesota. Numerous
legal issues were resolved in favor of the plaintiff in the underlying
suit and a verdict was obtained against the defendant American Family
Insurance Company by the plaintiff in the State of Minnesota far in
excess of the policy limits. A claim for the bad faith handling of the
Minnesota claims was asserted against American Family in the State of
Wisconsin.
Despite a request from plaintiff's counsel for a jury award for both
compensatory and punitive damages in the hundreds of thousands of
dollars, the jury found that the defendant did not exercise bad faith
in the handling of the claim, and accordingly awarded no damages.
Bjorklund v. M.D.
Decision date: 05/13/99
Case No. 98-CV-146
State of Wisconsin/Circuit Court/Eau Claire County
Jury Trial
In this case, CLG defended an OB/GYN specialist who had lacerated the
patient's aorta during a laparoscopic procedure. Past health care
expenses were stipulated in the amount of $35,217 and past wage loss
was stipulated in the amount of $2,400. In addition to those amounts,
the jury awarded the plaintiff and her husband approximately $115,000
in damages.
Koch v. M.D.
Decision date: 04/19/99
Case No. 97-CV-234
State of Wisconsin/Circuit Court/St. Croix County
Jury Trial
In this case, CLG defended a family practitioner who saw the plaintiff
for complaints of severe headache. The defendant physician diagnosed
the plaintiff's complaints as "a sinus headache." Shortly thereafter,
the plaintiff expired as the result of an undiagnosed subarachnoid
hemorrhage.
During the trial, plaintiff's counsel requested hundreds of thousands
of dollars in damages as a result of the untimely death of his client.
At the conclusion of the case, which lasted in excess of seven days,
the jury found in favor of the defendant physician on the issue of
negligence, and accordingly awarded no damages.
Wildenberg v. Lodi Golf Club, Inc.
Decision date: 01/27/99
Case No. 97-CV-267
State of Wisconsin/Circuit Court/Columbia County
Jury Trial
In this case, CLG successfully defended a golf course which was
alleged to have created a nuisance for the plaintiffs by failing to
appropriately protect their homes from errant golf balls. Damages
sought by the plaintiffs exceeded $50,000. The jury returned a verdict
in favor of the defendant, finding that there was no nuisance.
Clifton v. M.D.
Decision date: 02/13/98
Case No. 95-CV-360
State of Wisconsin/Circuit Court/Grant County
Jury Trial
In this case, a general surgeon was defended who lacerated the
patient's liver during a laparascopic cholecystectomy. There was an
allegation that the physician was not only negligent for damaging the
liver, but that he also failed to appropriately control the patient's
bleeding resulting in a severe post-operative infection.
Past medical expenses were stipulated at approximately $30,000, with
lost wages of $2,300. Plaintiff's counsel sought an award for the
plaintiff and her husband for pain and suffering and loss of society
and companionship in the amount of $150,000.
At the conclusion of the jury trial, the jury found in favor of the
defendant surgeon and awarded no damages.
Petrick v. American Family
Decision date: 05/20/97
Case No. 95-CV-95
State of Wisconsin/Circuit Court/Juneau County
Jury Trial
In this case, the plaintiff suffered severe and disabling personal
injuries as a result of a motor vehicle accident. American Family
contended that the plaintiff was the driver rather than the passenger
in the motor vehicle. Damages were not at issue and American Family
agreed to pay its policy limits if the jury agreed that the plaintiff
was a passenger in the one-car motor vehicle accident.
As a result of a two-day jury trial, the jury concluded that the
plaintiff was the driver of the motor vehicle, and thereby no damages
were recovered by the plaintiff.
Sullivan v. M.D.
Decision date: 04/18/97
Case No. 94-CV-639
State of Wisconsin/Circuit Court/Walworth County
Jury Trial
A general surgeon who did a laparoscopic cholecystectomy on the
patient was defended. A few days later a bile leak was discovered.
Thereafter, a laparotomy revealed that surgical clips placed by the
surgeon during the procedure were no longer in place. In addition to
the contention that the clips were negligently placed, the plaintiffs
also contended that the surgeon failed to properly identify portions
of the patient's anatomy during the procedure.
The only jury issue was the defendant's alleged negligence. At the
conclusion of the four-day jury trial, the jury found the defendant
surgeon not negligent.
Landfill Remediation Trust v. City
of Hudson
Decision date: 04/02/97
Case No. 96-C-0489-S
United States District Court for the Western District of Wisconsin
Trial of the Court
This case represents one of the few environmental CERCLA trials ever
conducted in the State of Wisconsin. The plaintiff was the
representative of those who had paid for the clean-up of a landfill
and was seeking additional remediation amounts from other landfill
users. Total clean-up costs at the landfill exceeded $7 million. Three
of the users who had not agreed to contribute the settlement amounts
demanded by the landfill remediation trust. The final pretrial demand
against the three defendants represented was as follows: City of
Hudson: $219,000; Village of North Hudson: $91,500; School District of
Hudson: $57,000.
The final offers prior to trial on behalf of those defendants was as
follows: City of Hudson: $38,000; Village of North Hudson: $12,000;
School District of Hudson: $7,500.
The Honorable John C. Shabaz awarded the following amounts against the
defendants at the conclusion of the trial: City of Hudson: $6,146;
Village of North Hudson: $1,973; School District of Hudson: $1,238.
Marks v. City of Columbus
Police Officers
Decision date: 02/27/97
Case No. 95-C-369-C
United States District Court for the Western District of Wisconsin
Jury Trial
This case arose as a result of a police drug raid on a tavern. The
plaintiff patrons were improperly searched and therefore, pursued this
civil rights claim. The court found as a matter of law that an
improper search had taken place. However, the jury awarded the
plaintiffs damages of $1 per person as a result of their
"unconstitutional detention."
The plaintiffs' final settlement demand prior to trial was $125,000.
The final settlement offer made on behalf of the defendants was
$42,500. The total jury award was $11. In addition, the Court awarded
the plaintiffs attorney fees, which resulted in a total recovery far
below the final settlement offer of the defendants.
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