Largest Medical Malpractice Verdict Worldwide

Largest Medical Malpractice Verdict Worldwide

by | Nov 27, 2024 | News

Kassi Foote |  KOB  | November 26, 2024

RIO RANCHO, N.M. – A jury just awarded a Rio Rancho man with what could be the largest medical malpractice verdict in history.

The Rio Rancho man ended up suing NuMale Medical Center at Wyoming and Paseo because of what he’s gone through and lasting medical consequences.

According to the lawsuit, the physician assistant in this case is Steven Chapman. The victim – Michael – told Chapman he was interested in testosterone replacement therapy to improve his energy and a medically managed weight loss plan.

But according to the lawsuit, Chapman brought up erectile dysfunction. Even though Michael said he was not interested in ED treatment, Chapman told him it was designed to work with the testosterone replacement therapy.

Ultimately, Michael purchased a plan which included testosterone pellet implants in his butt and at home penis injections.

When Michael felt the medications weren’t working, he went back to the office. The lawsuit states Chapman said Michael wasn’t doing it right, demonstrated the penis injection, and sent him home with a medically induced erection.

“This physician assistant injected the chemical into his penis because he couldn’t figure out how to do it, and he injected 75% more of the chemical and a stronger dose than he should have, and sent the patient home and said ‘Go show all your friends.’ This is what he said to a 66-year-old man,” said Nicholas Rowley, Michael’s attorney.

The lawsuit states Michael couldn’t get rid of the erection over the weekend and went back to the clinic. Medical staff tried painful and embarrassing procedures to help Michael, but it didn’t work.

Chapman reportedly told Michael to drive himself to the emergency room where he had emergency surgery. But the damage was done.

“His penis is dead. It’s actually, what it is now is it is much smaller than what it was, and it’s just a lump of scar tissue that doesn’t work in any way shape or form,” said Rowley.

Rowley says the urologist who treated his client claimed he’d seen cases like this before. But the close to half a billion dollar verdict will keep it from happening again.

He also wants this to be a reminder for people.

“If someone’s trying to sell you something medically, take a step back, ask other health care providers, get second opinions and third opinions. If there’s advertisements saying something’s going to be a quick fix for a problem, don’t trust it. Don’t trust it,” said Rowley.

The jury awarded Michael $412 million, but it could surpass $550 million once interest kicks in.

KOB 4 did get a statement from NuMale Medical Center’s president, Brad Palubicki. He says NuMale Medical Center is committed to high quality and safe patient care. They disagree with the verdict and intend to pursue all available legal remedies, including appeal.

 

View the entire article at KOB

Alvin A. Wolff, Jr.

Alvin A. Wolff, Jr.

by | Oct 21, 2024 | Of Counsel

Alvin A. Wolff, Jr.

Alvin A. Wolff, Jr.
BAR ADMISSIONS


Colorado
Missouri

 

PREVIOUSLY ADMITTED PRO-HAC VICE

California
Florida
Illinois

EDUCATION

Washington University In St. Louis
-B.A.

St. Louis University School of Law
-J.D. Juris Doctor

Bio

Alvin A. Wolff, Jr.

Alvin A. Wolff, Jr. is a distinguished Managing Partner at Wolff Trial Lawyers in St. Louis, Missouri, with over four decades of experience in personal injury and medical malpractice law. A graduate of St. Louis University School of Law (J.D., 1979) and Washington University (A.B. in Political Science, 1976), Alvin has established himself as a leader in his field through his extensive legal practice and commitment to advocacy.

Throughout his career, Alvin has been a prominent member of several legal associations, including the Colorado Bar Association, the Missouri Bar Association, and the American Association for Justice. He has also been board-certified trial advocate by the National Board of Trial Advocacy and held specialized certification in medical liability from the American Board of Professional Liability Attorneys.

Alvin’s contributions to legal literature are substantial, with numerous publications addressing critical issues in trial advocacy, medical malpractice, and personal injury law. He has authored articles for esteemed legal journals and presented at numerous conferences nationwide, sharing his insights on topics ranging from cross-examination techniques to jury bias in medical malpractice cases.

In addition to his practice, Alvin is dedicated to education, having served as an adjunct professor at St. Louis University and as an instructor at the Keenan Ball College, where he taught advanced trial law and mediation techniques. His teaching extends to modern platforms, including podcasts, where he discusses lessons from his extensive legal career.

Recognized for his excellence in law, Alvin has received numerous accolades, including the Albert Einstein Leadership Award and multiple honors from Super Lawyers and Best Lawyers in America for over 10 years, including being named Lawyer of the Year for Plaintiff’s Medical Malpractice in St. Louis in 2015.

Outside of his professional achievements, Alvin is actively involved in community service and legal education initiatives, aiming to inspire the next generation of trial lawyers.

 

$63 Million Jury Award for a Man Who Developed Cancer

$63 Million Jury Award for a Man Who Developed Cancer

by | Jul 9, 2024 | News

John Roemer | Daily Journal | June 26, 2024

Toxic tort cases where plaintiffs’ injuries arose decades ago are notoriously difficult to prove and win. But attorneys from Ernst Law Group APC and Trial Lawyers for Justice — enduring what one called “scorched earth litigation” from a deep pockets defendant now owned by Chevron Corp. — prevailed and obtained a $63 million jury award for a man who developed cancer more than 25 years after living over an old oilfield sump pit.

The award included $41 million in punitive damages. Making matters harder for the plaintiff’s lawyers was the complication that their client’s multiple myeloma was in remission at the time of the 23-day trial. Wright v. Union Oil Co. of California, 21CV00925 (S. Barbara Sup. Ct., filed March 8, 2021).

“We had to work for our facts. They didn’t want to give us any discovery. They violated court orders,” said M. Taylor Ernst, the founder of San Luis Obispo’s Ernst Law Group, who brought on Trial Lawyers for Justice to try the case. Co-counsel Brian J. Ward, of Trial Lawyers for Justice’s Ventura office, said that along with seeking justice for client Kevin Wright, the team was motivated by a wish to document the history of the oil and gas industry’s abuse of California’s environment.

“And that’s what we did,” Ward said. “Going deep into the history books we found our client’s injury came at the epicenter of the industry that began in the 1890s in the Santa Maria oil fields. We treated the courtroom like a public square where we could expose an industry that has long ducked accountability here.”

Joining Taylor Ernst and Ward were Don A. Ernst and Terry J. Kilpatrick of Ernst Law Group and Erin L. Powers of Trial Lawyers for Justice. That firm’s Jakob Z. Norman of Bozeman, Mont., was also on the team. They faced off with defense lawyers from Alston & Bird LLP and King & Spaulding LLP.

At one point early in the trial the defense violated a court ruling they’d sought that barred use of the term “big oil.” Ward said, “So they started out by saying, ‘Who has a problem with big oil?” Superior Court Judge James F. Rigali asked the plaintiffs if they wanted a new trial. “We declined, based on our faith and pride in our case,” Ernst said.

He likened the trial to a war. “There was no mediation. There was no high low agreement. There was no settlement conference.” The defense offered $50,000 to end the case, he said. Cross-appeals are in progress.

Wright had lived on the contaminated premises for two years and was diagnosed 27 years later with a cancer known to be associated with benzene exposure. The defense denied everything, and the court excluded evidence that Chevron had made remedial efforts to clean the property in 2016.

The plaintiff team found old aerial photos of the oil field showing the location of a chemical sump pit the size of an Olympic swimming pool — “literally underneath our client’s bedroom,” Ernst said. After the trial’s liability phase, Ward said the team was uncertain about quantifying punitives. “But the jury found a way. They made it a million dollars for every year the place went without a cleanup.”

–John Roemer

Arrest of Stanford student journalist covering barricaded pro-Palestinian protest gets pushback

Arrest of Stanford student journalist covering barricaded pro-Palestinian protest gets pushback

by | Jun 25, 2024 | News

Suzanne Phan | ABC 7 News | June 21, 2024, 11:45 PM PST

STANFORD, Calif. (KGO) — When pro-Palestinian protesters occupied the office of Stanford’s president, a student journalist followed them inside.

That student reporter did what journalists do–documented the news as it happened.

However, the journalist could now face criminal charges. His attorney and free speech organizations are pushing back.

“His job was to report. He had no criminal intent,” said Nick Rowley, the attorney representing Stanford student Dilan Gohill.

Police arrested the 19-year-old freshman on June 5 as he was covering a protest for the school newspaper, the Stanford Daily.

Police say a dozen pro-Palestinian protesters barricaded themselves inside the university president’s office and did extensive damage.

The protesters were arrested and booked on suspicion of felony burglary, vandalism and conspiracy.

Gohill, who was reporting and wearing his press badge at the time, could also face charges.

“Charges have not been filed. But Stanford is pushing to have charges filed against him, which is wrong. It’s unethical. It’s unconstitutional,” Rowley said.

On Thursday, the First Amendment Coalition based in San Rafael, along with two dozen journalism groups sent a letter to Santa Clara District Attorney Jeff Rosen, asking him not to prosecute the student journalist.

“It was clear that Mr. Gohill was there at the scene to cover the news. There’ s no evidence he was there conspiring with any of the protesters or that he was there for any other reason other than to report the news,” said David Snyder with First Amendment Coalition.

ABC7 News reached out to Stanford University for comment but did not hear back. In a statement previously released, the university said:

“We believe that the daily reporter reporting from inside the building acted in violation of the law and university policies.”

The DA’s office says it has not received the case yet and cannot comment.

Gohill’s attorney says this case is straight forward.

“Dilan didn’t do anything wrong. He didn’t vandalize anything. The protesters, they may have committed crimes. That’s for a jury to decide they had the intent. They wanted to barricade themselves in. This is a young reporter who got stuck in the middle of it all–trying his best to ethically do his job. He didn’t do anything of those things,” Rowley said.

 

Stuart R. Fraenkel

Stuart R. Fraenkel

by | Jun 18, 2024 | Of Counsel

Stuart R. Fraenkel

Stuart Frankel
BAR ADMISSIONS

California Supreme, Appellate and Trial Courts

United States District Court for the District of Arizona 

United States District Court for the Eastern, Central, Southern and Northern Districts of California 

United States District Court for the Southern District of New York 

United States District Court for the Western District of Washington 

United States Court of Appeals for the Ninth Circuit 

United States Supreme Court 

 

EDUCATION

Bachelor of Science, Embry-Riddle Aeronautical University, 1989

Juris Doctorate, Southwestern University School of Law, 1994

National Transportation Safety Board, Aviation Accident Investigators School

Associate Adjunct Professor for Embry-Riddle Aeronautical University

Bio

Stuart R. Fraenkel

Mr. Fraenkel has a broad range of experience in civil litigation, including complex, high profile aviation, admiralty/maritime, auto, bus, truck, motorcycle, premises, personal injury, wrongful death, products liability, insurance bad faith, business litigation, mass tort, patent and entertainment matters.

Having handled numerous high-profile personal injury and wrongful death cases throughout his career with notable results, Mr. Fraenkel’s litigation experience has spanned the World, including Africa, Asia, Canada, Central America, Europe, Mexico, the Middle East, South America and just about all 50 states of the U.S. He is well versed in State and Federal Tort claims procedures and requirements in addition to being an authority in national and international conflicts and choice of law issues. He has reached the height of professional excellence and is recognized for the highest levels of skill and integrity as a “preeminent-rated” attorney through the prestigious Martindale-Hubbell ® Peer Review Ratings™.

Mr. Fraenkel has litigated numerous international and domestic airline, commuter, military and general aviation crash cases. He was a member of the Plaintiffs’ Steering Committee on the China Airlines, Singapore Airlines and Korean Airlines cases. Mr. Fraenkel was one of the lead attorneys in the landmark Silk Air matter.

Mr. Fraenkel has also handled numerous general and commercial aviation cases involving Airbus, Boeing, McDonnell Douglas, Aero Vodochody, Aerospatiale, Beech Cessna, Citabria, Foland, Gulfstream, Icon, Marchetti, Mitsubishi, Pilatus, Piper, Westwind, and various experimental fixed wing airplanes, Augusta-Westland, Bell, Eurocopter, and Robinson helicopters, and blimps.

The military accidents Mr. Fraenkel has handled involved Sikorsky CH-53 Super Stallion, EH-101 Merlin, McDonnell Douglas F/A 18 Hornet, Agusta Westland EH 101 Merlin, and UH-1N Huey aircraft.

Some of the more high-profile general aviation matters Mr. Fraenkel worked on were the:

  • 1989 Chuck Norris movie, Delta Force 2 helicopter crash, Tagaytay, Philippines;
  • 1990 Stevie Ray Vaughn helicopter crash, near Elkhorn, Wisconsin;
  • 1991 Col. Donald Madonna, Foland Gnat crash, Shreveport, Louisiana;
  • 2010 Senator Stevens plane crash, Dillingham, Alaska;
  • 2012 Michael DeGruy, Robinson R44 crash, Berry NSW, Australia.

Mr. Fraenkel is also often called upon to participate as an aviation and legal source by numerous media, radio and television companies worldwide and has been quoted in various publications on numerous occasions. An article featuring Mr. Fraenkel was written for the Cessna Pilot’s Association magazine and another for an ABA TIPS publication. Mr. Fraenkel was also featured as an aviation law expert on a special NBC segment on Hawaiian Air Tour Safety.

Mr. Fraenkel is a United States Marine Corps veteran. He served as a CH-46 Sea Knight crew chief and A-4 Skyhawk plane captain, receiving numerous commendations during his tour. He also has extensive experience in aviation and vehicle maintenance—including combustion, diesel and turbine engines, electrical systems, hydraulics, structures, avionics systems, ejection systems and airframes. It is this extensive avionic background that has helped Mr. Fraenkel successfully litigate numerous international and domestic airline, commuter, military and general aviation crash cases during a career that has spanned more than two decades.

Mr. Fraenkel has also litigated numerous first party bad faith actions in cases arising out of the failure of insurance companies to defend and/or indemnify its insured, low-balling, fire loss, etc. Specifically, he was part of the team that received the landmark settlement against State Farm arising out of the Northridge Earthquake.

Mr. Fraenkel was also part of the team that litigated the famous, landmark case against PG&E which ultimately was made into the academy award winning movie, “Erin Brokovich.”