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MEDICAL NEGLIGENCE: ZERO DOLLARS Case name: Nett v. Dr. W. Case type: Medical negligence Case number: 05-CV-642 Court: Winnebago County Judge: Thomas Gritton Original amount sought: The following damage amounts were the subject of stipulation: Future loss of earnings: $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 ...

MEDICAL NEGLIGENCE: ZERO DOLLARS Case name: Shepherd v. Dr. D and Hospital Case type: Medical negligence Case number: 04-CV-3971 Court: Dane County Judge: James Martin Injuries alleged: Hypoxic ischemic encephalopathy leading to cerebral palsy causing permanent cognitive and neurologic damage. Original amount sought: In final argument, the plaintiff requested an award for future medical and health care expenses in the ...

PERSONAL INJURY: $209,000 Injuries claimed: Torn biceps tendon muscle on dominant arm. Court: Milwaukee County Case name: Patrick Moore v. Angela Palmer and Safeco Ins. Case number: 06CV7198 Judge: John DiMotto Verdict & settlement: Jury returned plaintiff verdict Original amount sought: $80,000 Original offer: $40,000 Award: $209,000 net verdict Date of incident: Aug. 9, 2003 Disposition date: Sept. 11, 2008 ...

DISCRIMINATION: $686,192 Case number: 07-C-0213S, Western District of Wisconsin; 08-1110, 7th Circuit Court of Appeals Verdict & Settlement: Settlement Settlement amount: $686,192 Disposition date: Sept. 8, 2008 Plaintiffs attorney (firm): Marilyn Townsend, Frederick B. Wade, and Robert J. Kasieta Plaintiff counsel’s summary of the facts: In October 2007, a federal court jury in Madison, Judge John Shabaz presiding, found that ...

PERSONAL INJURY: ZERO DOLLARS Case name: Kristin M. Hinkel, et al. vs. American Family, et al. Court: Dane County Circuit Court Case number: 07-CV-1061 Judge: C. William Foust Verdict & settlement: Jury returned defense verdict Injuries claimed: Right broken clavicle Original amount sought: $45,000 Original offer: $20,000 Award: Zero dollars; plaintiff: 63 percent causally negligent; defendant: 37 percent negligent Date ...

PERSONAL INJURY: $375,000 Case name: Craig R. Winkler v. Lake-side International Trucks Court: Portage County Circuit Court Insurer(s): Progressive Plaintiff attorney: David E. Sunby, Habush Habush & Rottier, S.C. Date of incident: March 7, 2007 Plaintiff’s negligence theory: Failure to have control, speed too fast for conditions Defendant’s position: Plaintiff had lost control at some spot — possible no negligence ...

PERSONAL INJURY: $2.2 MILLION Case name: Darryl L. Scheel v. Thomas Mielke Court: Dodge County Circuit Court Insurance: West Bend Mutual Insurance Plaintiff’s attorney: Timothy Trecek, Habush Habush & Rottier, S.C. Date of incident: April 16, 2005 Plaintiff’s injuries: Amputation of right leg below the knee, facial injuries, forehead lacerations, cracked/missing teeth, fractured right forearm. Plaintiff’s experts: Skogen Engineering Past ...

PERSONAL INJURY: $457,500 Case name: Tracy Olson v. Progressive Insurance, et al. Court: Taylor County Circuit Court Case no.: 06-CV-90 Judge: Gary Carlson; mediator: Stephen Hansen Liability insurer(s): Progressive Insurance Plaintiff attorney: Brenda K. Sunby, Habush Habush & Rottier Defendant attorney: Spencer Davczyk, Davczyk & Varline Date of incident: May 6, 2006 Plaintiff’s negligence theory: Gate should not have been ...

PERSONAL INJURY: $850,000 Case name: Patrick J. Pollack v. Pepsi Cola Co. of Antigo Court: Shawano County Circuit Court Case number: 07-CV-86 Mediator: Skip Beisenstein Plaintiff attorney: David E. Sunby, Habush Habush & Rottier Defendant attorney: Thomas L. Williams, Gabert, Williams & Farb Date of incident: Jan. 26, 2005 Plaintiff’s negligence theory: Regular failure to yield case Defendant’s position: Some ...

PERSONAL INJURY: $1.4 MILLION Case name: Thomas C. Ritchie v. Speedway Sand & Gravel Inc. Court: Dane Count Circuit Court Case Number: 06CV2584 Mediator: John R. Teetaert Insurer(s): Cincinnati Insurance Company Plaintiff attorney: Craig A. Christensen, Habush Habush & Rottier S.C. Defendant attorney: Brian C. Hough, Axley Brynelson LLP Date of incident: Oct. 30, 2003 Plaintiff’s injuries: Knee contusion, Chronic ...

MEDICAL MALPRACTICE: $18.2 MILLION Injuries claimed: Brain damage due to lack of oxygen during birth, causing cerebral palsy and developmental delays Court: U.S. District Court, Eastern District of Wisconsin Case name: Jessica Fonseca, et al. v. United States of America Case number: 01-C-544 Judge: Lynn Adelman Original amount sought: $7.3 million Original offer: Less than $7 million Award: $18.2 million ...

PERSONAL INJURY: $1.15 Million Case name: Jill A. and Jeffrey A. Farvour v. American Family Mutual Insurance Company Injuries claimed: Comminuted fractured hip, fractured ankle, lacerated knee, bilateral rotator cuff tear, fractured wrist and fractured index finger. Original amount sought: $1,150,000 Settlement amount: $1,150,000 Verdict/settlement: Settlement reached prior to filing a cause of action. Past medical expenses: $257,944 Future medical ...

PERSONAL INJURY: $7,697 Case name: Ginger Gates v. Samuel Goodall and American Family Mut. Ins. Co. Court: Dane County Circuit Court 06CV1732 Injuries alleged: Right shoulder, neck and arm pain Original amount sought: $49,000 at mediation Highest offer: Defendants’ statutory offer for $9,000, plus costs Amount won: $7,697 Judge: Juan B. Colas Verdict/settlement: Jury returned a defense verdict Disposition date: ...

MEDICAL MALPRACTICE: $2 Million Injuries claimed: Cognitive injuries and left-sided weakness (paralyzed left hand and weakened left leg) Court: Fond du Lac County Case name: Thomas Jandre vs. Therese Bullis, M.D. Case number: 04CV363 Judge: Robert Wirtz Verdict & Settlement: Verdict in favor of plaintiff Original offer: No offers of settlement from defense Award: $2,011,185 Special damages: Plaintiff’s past medical ...

MOTOR VEHICLES: $1.1 MILLION Injuries claimed: Permanent neck and backCourt: Racine County Circuit CourtCase name: John H. Anderson vs. Randy Sexton, Cass Trucking, Inc. and West Bend MutualCase number: 07-CV-1064Judge: Emily MuellerVerdict & settlement: $1,145,000Original amount sought: $250,000 – $350,000Original offer: Defendants offered $75,000Award: Past medical expenses: $45,000; past pain, suffering and disability: $225,000; future medical expense: $100,000; future pain, ...

Summary of the facts: Plaintiff claimed defendant’s dog knocked her to the ground as she walked past defendant’s house on a city sidewalk. Plaintiff did not receive a bite. Defendant’s son claimed he was watching the dog and plaintiff was not present and the dog did not knock anyone down. Defendants took the position that plaintiff was not injured by ...

Defense counsel’s summary of the facts: This case arose out of a motor vehicle accident where plaintiff was rear ended by Hoover. Plaintiff was pushed into the car in front of her. She did not complain of any injury at the scene but later that day she sought treatment at an Urgent Care clinic. Plaintiff did not personally make a ...

Defense counsel’s summary of case: This medical negligence case involved claims against both a family practitioner and a cardiologist that they were negligent for failing to properly diagnose and treat the patient’s coronary artery disease, leading to the patient’s death.

Highest offer: $500,000Verdict: No negligenceVerdict date: March 30, 2007 (This matter is presently before the Wisconsin Court of Appeals.)Defense attorney law firm: Corneille Law Group, LLC, by Barrett J. Corneille and Colleen L. Meloy, on behalf of Dr. B.; Bell, Gierhart & Moore, S.C., by David McFarlane, on behalf of Wisconsin Injured Patients and Families Compensation FundPlaintiff experts: Dr. William ...

Injuries claimed: The plaintiff claimed to have suffered a neurologic injury to his upper extremity causing pain and weakness. Original amount sought: Plaintiff’s counsel requested the following awards from the jury during final argument: Past health care expenses: $96,000 – $129,000Past loss of income: $75,000Future loss of income: $375,000 – $502,000Past pain and suffering: $300,000Future pain and suffering: $300,000Highest offer: ...

Special damages: past medical expenses: $135,694; past wage loss: Contested issue; plaintiff argued past wage loss somewhere in the neighborhood of $250,000-$300,000; defendant argued past wage loss was somewhere between $30,000 and $80,000; future medical expenses: $35,787; future loss of earnings: Plaintiff argued there was a number of different ways that future loss of earning capacity could be computed. Plaintiff ...

Defense counsel’s summary of the case: This case arose out of a low velocity traffic accident on Jan. 7, 2004 at 4:45 p.m. in Janesville. An uninsured driver, Kristin Ransom, rear-ended Scott Weadge’s truck at a stop light. No one claimed injury at the scene of the accident and law enforcement was not called to the scene; however, the accident ...

Plaintiff counsel’s summary of the case: Mary Whitehead was a passenger in a van operated by the defendant, Michael Willson, when it left I-80 in Iowa and crashed. Mr. Willson apparently fell asleep at the wheel.

Plaintiff counsel’s summary of the case: Deante Calvin was a passenger in his grandmother’s car. In a construction zone where temporary stop signs had been placed in an unusual configuration, the truck driver failed to see the signs requiring him to stop. Deante’s grandmother had stopped at her stop sign which was set back some 70 feet from the actual ...

Plaintiff counsel’s summary of the facts: An automated storage system at Quad/Graphics’ printing plant in Lomira collapsed after two months of use while carrying less than 42 percent of its required weight capacity. The collapse started a fire in the stored paper materials, which burned for three weeks. Quad/Graphics’ property insurer, Industrial Risk Insurers, paid $59,000,000 for the resulting property ...