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2015 - Fourth Quarter

January 1, 2016

Trial Numbers

  • MVA - Plaintiffs won 6/10.
  • Medical Malpractice - Plaintiffs won 1/3.
  • Underinsured Motorist - Plaintiffs won 3/3.
  • Assault - Plaintiffs won 0/1.
  • General Negligence - Plaintiffs won 0/1.

Notable Trials

Kamalahasan v. Providence Health and Services, Multnomah County Case No. 1312-17148

In January of 2012 Plaintiff Kamalahasan was having her blood drawn at a Providence facility.  She felt a shooting pain run up her arm when the needle was inserted.  She told the phlebotomist about the pain but rather than withdraw the needle, the phlebotomist moved it around to continue the blood draw.  Kamalahasan claimed that she suffered a permanent nerve injury as a result. She had to stop working for a year and a half.  She sought $27,176.45 for past medical expenses, $16,000.00 for lost wages, and $750,000.00 in non-economic damages.

Defendant Providence admitted that Kamalahasan had her blood drawn on the date alleged but denied that there was ever any complaint about shooting pain or that Kamalahasan was injured as a result of the blood draw.

Total Verdict - $537,176.45.

Sherman v. Lay, Multnomah County Case No. 14CV14651

Plaintiff Sherman attended Game 6 of the 2014 NBA Western Conference Playoff series between the Portland Trailblazers and Houston Rockets at the Moda Center. Defendant Lay was at the game seated in the row directly behind Sherman.  The game ended in a game winning shot by Damian Lillard.  Sherman alleged that Lay was drunk and as they stood to cheer Lay fell, knocking her down a flight of stairs.  Sherman claimed that Lay was negligent in becoming drunk and unable to control her body.  She alleged injuries including a torn rotator cuff and bone bruising in her leg and knee. Sherman sought $14,090.00 for past medical expenses, $70,139.00 for future medical expenses, $6,700.00 in lost wages, $513,871.00 in diminished earning capacity and $145,000.00 in non-economic damages.

Lay admitted falling forward during the burst of excitement.  She claims she was bumped by another person causing her to lose her balance.  She denied being intoxicated.  She disputed that the fall was the cause of Sherman’s injury, pointing out that the injury pre-existed the fall, and she disputed Sherman’s damages.

Defense Verdict

Johnston v. Stence et al., Multnomah County Case No. 14CV17818

Plaintiff Johnston was a passenger in her friend Dobrinski’s car when it was struck in an intersection by Defendant Stence. Johnston alleged that Stence was negligent for running a stop sign and speeding. Johnston alleged injuries including fractured teeth and damage to the muscles and ligaments of her neck, back, shoulder, hip and arm. She sought $22,705.10 for past medical expenses, $120,000.00 in future medical expenses and $300,000 in non-economic damages.

Stence denied liability and brought a 3rd party action against Dobrinski alleging that he was speeding and not keeping a proper lookout.

Total Verdict - $102,188.02.

Martin v. OHSU, Multnomah County Case No. 1401-00960

In November of 2011, Plaintiff Martin was diagnosed with a basilar tip brain aneurism. She was admitted to OHSU for surgery in 2012. She had a stroke as a result of the surgery and is now permanently wheelchair bound. She also suffered a collapsed lung as a result of the placement of a feeding tube.  Martin alleged that she did not give informed consent for the procedure and that the feeding tube was negligently placed. She sought $1,000,000.00 in economic damages and $3,000,000.00 in non-economic damages.

Defendant OHSU responded that Martin had three separate meetings with doctors to discuss the procedure, risks and alternatives. Defendant also asserted that plaintiff signed an informed consent form which specifically listed “stroke” and “neurologic deficits” as known risks of the procedure. Defendant OHSU denied negligence in the feeding tube placement.

Defense Verdict

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