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Case Results

  • 34,000,000.00 Personal Injury

    Mason v. Texaco, 948 F.2d 1546 (10th Cir. 1991). Otis Mason died of leukemia caused by exposure to benzene, an industrial solvent and gasoline component, for which the jury awarded $34 million.

  • 23,600,000.00 Personal Injury

    Darcy Aves was severely injured during birth, resulting in severe mental and physical retardation, blindness and seizures from Cerebral Palsy. Darcy’s twin sister, Danna, was born healthy. The jury awarded $23.6 million, the largest jury verdict in Kansas and one of the largest personal injury verdicts in the nation.

  • 15,000,000.00 Personal Injury

    Graham v. Wyeth Labs, 666 F.Supp. 1483 (D. Kan. 1987). Michelle Graham had a severe neurological reaction to Wyeth Labs’ DPT vaccine and suffered severe brain damage. The jury awarded $15 million. Wyeth thereafter purified the vaccine.

  • 11,200,000.00 Personal Injury

    O’Gilvie v. International Playtex, 821 F.2d 1438 (10th Cir. 1987). O’Gilvie died from Toxic Shock Syndrome after using Playtex super-absorbent tampons. The jury’s $11.2 million verdict led to the removal from the market of Playtex’s super-absorbent tampons and addition of warnings to packaging.

  • Personal Injury
    Johnson v. American Cyanamid Co., 239 Kan. 279, 718 P.2d 1318 (1986). Emil Johnson contracted polio from his newly-vaccinated granddaughter and died from respiratory paralysis. The jury awarded $10 million, but a split Kansas Supreme Court, in a 4-3 decision, threw out the verdict. Despite this setback, the manufacturers began warning of the potential for contracting polio through personal contact.
  • With pre-judgment interest. Personal Injury
    Barrett v. St. Francis Hospital, Case No. CJ 85-4966, Tulsa, Oklahoma District Court. Seven year-old Elaina Barrett was injured in August 1983 when a horse she had been riding fell on her head, fracturing her skull. She underwent surgery to remove a blood clot in her head. All expected her to recover fully. Yet St. Francis negligently-handled her sudden respiratory problem post-anesthesia in the recovery room. As a result of St. Francis’ negligence, Elaina was left permanently brain damaged, wheelchair bound , and requiring 24-hour care for the remainder of her life.
  • Personal Injury
    Gregory v. Carey, et al., 246 Kan. 504 (1990). In 1985 Mark Marquette was just 31 years old when he entered St. Joseph Hospital in Wichita, Kansas, for a routine arthroscopic surgical procedure on his knee. Defendant Carey administered anesthesia drugs and left Mark Marquette unattended in a pre-operative area where he had a reaction to the drugs. Twenty minutes later a nurse discovered that Mark Marquette had stopped breathing and that his heart was not beating. Thereafter, and until his death in 2003, Mark Marquette remained in a persistent vegetative state. The $6.3 million jury verdict provided Mark Marquette with the opportunity to remain living at a rehabilitation center instead of being transferred to a nursing home.
  • 4,750,000.00 Personal Injury
    Wooderson v. Ortho Pharmaceutical Corp., 235 Kan. 387, 681 P.2d 1038 (1984). Carol Wooderson lost both kidneys to a blood disorder caused by birth control pills and underwent two kidney transplants. The jury awarded $4.75 million. The manufacturers subsequently reduced the level of estrogen in birth control pills and added consumer information to their packaging.
  • Personal Injury
    Linnstaedter, et al., v. McFarland. Michael McCulley died as a result of a nine month delay in diagnosing his pancreatic cancer. The defendant, a local radiologist, never made an offer to settle the case. A Sedgwick County, Kansas, jury awarded $3.997 million to the family of Mike McCulley.
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