Verdicts & Settlements
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HEAD-ON COLLISION INVOLVING A FATHER OF THREE
A 50-year-old father of three was killed on a dangerous roadway when another driver crossed the center line. The experts we had on our side could not be challenged. A settlement was reached prior to starting a lawsuit. $9,400,000.00
YOUNG BOY RUN OVER BY A SCHOOL BUS
After exiting a school bus, a young boy was tragically killed when the bus driver failed to verify the children were safely on the curb and way from the bus. Walsh & Gaertner recovered the full amount of the statutory cap for a wrongful death claim against a municipality. The bus was owned by the City of Minneapolis and the family received $3,000,000.00
CORPORATE EXECUTIVE ON MASERATI JOYRIDE
On a warm August evening in rural Wisconsin, two cousins in their mid-20s were driving their Volkswagen Jetta into town to meet with friends. As they approached the edge of town, a Maserati, operated by a Fortune 500 corporate executive, came up over the hill from behind the Jetta at a speed nearing 146 mph. The Maserati collided with the rear of the Jetta in an explosion, jettisoning the small vehicle through the air, snapping mature pine trees in half. The cousins were airlifted from the scene and later diagnosed with multiple extremity fractures, internal injuries and a traumatic brain injury. The Maserati was owned by the corporation and the driver was charged with DUI. The cases settled at mediation for approximately $1,000,000.00.
TEENAGE GIRL PARTIALLY PARALYZED IN AUTO ACCIDENT
A19-year-old girl was ejected from the back seat of a car as it went off the road and into a small pond. She was trapped underneath the submerged vehicle until she was rescued and pulled to safety. After being airlifted to the hospital, the young woman was diagnosed with a serious spinal cord injury resulting in partial quadriplegia.
At the time of the accident, the at-fault driver maintained a minimal insurance policy with liability limits of $50,000. The client had underinsured motorist coverage with limits of $250,000. At the time of the accident the girl’s parents believed they had a $1 million-dollar umbrella policy in effect with Farmers Insurance Group. It was later discovered that while an application for the umbrella policy had been filled out, it was never submitted by the Farmers Insurance agent in order to procure coverage. Walsh & Gaertner was able to recover $600,000 of the $1 million umbrella from Farmers Insurance for the policy that was never put into effect and no premium had ever been paid on. $900,000.00
3-YEAR-OLD BOY SUFFERS BRAIN INJURY AS PASSENGER
A three-year-old boy was riding in the back seat of his sister’s vehicle when they were broadsided by a car traveling 40 miles per hour. The boy was thrown violently in the back seat, resulting in a traumatic brain injury and several broken bones. His medical expenses exceeded $320,000 with a medical subrogation lien of nearly $300,000. Walsh & Gaertner was able to negotiate a reduction of the medical subrogation lien to $57,500 and obtain a structured settlement for the young boy worth over $820,000.00.
REAR-END COLLISION BEHIND MTC BUS AT A RAILROAD STOP
A 33-year-old man on his way to a job interview was rear-ended while he was stopped behind a bus at a railroad stop. He sustained a disk herniation requiring surgery. The case settled before trial for $500,000.00.
AN OUT-OF-STATE ACCIDENT WITH A FARM TRUCK
A husband and wife sustained arm fractures, bruising, abrasions and chipped teeth during an accident with a farm truck. The accident changed their lives and forced early retirement. The case settled for $500,000.00.
MOTORCYCLE PASSENGER INJURED IN BUS COLLISION
A high school student was riding on the back of a motorcycle that collided with a school bus. Plates and screws were needed to repair her arm fractures. Her jaw was broken, and she sustained numerous cuts and bruises. The case settled for before trial for $312,000.00.
PASSENGER EJECTED FROM CAR THAT WAS RACING ILLEGALLY
A high school girl was ejected from a vehicle during a head-on collision. She sustained a lacerated liver, a broken leg, dental injuries, a concussion, and several other lacerations. The case settled on the eve of trial for $287,000.00.
YOUNG BOY STRUCK BY CAR WHILE CROSSING THE STREET
A four-year-old boy was struck by a car while crossing the street near a park. The police report said he darted out into the roadway. A Walsh & Gaertner investigator located a witness who testified that the driver was speeding and that the boy did not dart out into the road. A structured settlement was set up by Walsh & Gaertner which will pay the boy over $250,000.00.
DRUNK DRIVER REAR-ENDS SPECIAL NEEDS TEACHER
A special needs teacher and her husband were shopping in Woodbury, Minnesota, when they were rear-ended by a drunk driver in the middle of the afternoon. At the moment of impact, the teacher was turned to her left speaking with her husband. The teacher damaged several disks and vertebra in her neck and back. Over the course of several years, she had multiple injections in her neck, and underwent several radio frequency medial branch neurotomies. The injuries prevented her from finishing out her career as a special needs teacher. Walsh & Gaertner worked to settle the case at mediation for $250,000.00.
CAR ACCIDENT IN NORTHERN MINNESOTA
On his way to a lunch meeting, a recent college graduate was struck by a vehicle that failed to stop at an intersection. The young man suffered a rotator cuff tear and a torn hip labrum. After a long battle over who was at fault for the collision, the liability insurance company was forced to pay the policy limits of $100,000.00. This payment opened the door to a full recovery from the underinsured motorist’s insurance company ($50,000.00) The client’s workers’ compensation insurer paid all the medical bills and wage loss.
CHILD HIT BY CAR WHILE CROSSING STREET AT BUS STOP
A third-grade girl was struck by a car after being dropped off by her school bus. The driver of the car was uninsured however, our investigation revealed that the bus driver dropped the girl at the wrong intersection only for his own convenience. Walsh & Gaertner pursued a claim against the bus company for the driver’s failure to stop at the correct bus stop. The case resolved and the little girl will receive more than $100,000.00 when she turns 18 years-old.
STUDENT INJURED RIDING ON THE BACK OF A MOTORCYCLE
A young college student was injured while riding on the back of a motorcycle. She was told the motorcycle driver was at fault and he did not have insurance. Walsh & Gaertner hired an accident reconstructionist who determined that another vehicle involved in the accident was at fault for the collision. The case settled before trial for $100,000.00.
CAR PUSHED OFF THE ROAD AFTER REAR-END COLLISION
A man was rear-ended while stopped in rush hour traffic. He tore his rotator cuff, which was surgically repaired. The case settled for $90,000.00.
NEGLIGENCE AT CARE FACILITY
A care facility refused to provide a vulnerable adult transportation to an area hospital when she was complaining of severe abdominal pain. The patient died the next day. The lack of witnesses made this a difficult case. However, a timely investigation showed facility policies, protocols and procedures were not followed. The facility was found negligent for failing to call 911 and check on the patient. A CONFIDENTIAL SETTLEMENT was reached with the facility.
MISMATCHED HIP PARTS
A middle-aged man underwent a total hip replacement. After the surgery, he had new problems with his hip. This resulted in three more hip surgeries. During one of the follow-up surgeries, it was discovered that the hospital used mismatched hip parts. The difficulty in this case was showing who was wrong for the mismatched parts. Walsh & Gaertner discovered the hip parts were sent in a box that was labeled incorrectly. A CONFIDENTIAL SETTLEMENT was reached with the manufacture of the mislabeled hip parts.
Labor And Delivery Error
During delivery, a baby became distressed, and the hospital personnel ignored the monitors. This error caused the baby to be born with cerebral palsy. Published medical literature was used in order to help resolve the case. $2,000,000.00
Failure To Diagnose Eye Abnormalities
A young girl was having difficulties with her eyesight. At school, she could not read the black board. After being examined at school, the school recommended she be seen by an eye doctor. An optometrist prescribed glasses. The young girl continued to have problems while wearing glasses. She was sent to an ophthalmologist who tried a few treatments but nothing seemed to work. Over time, the girl developed a permanent loss of vision. It was discovered that a simple field of vision test could have diagnosed the problem. The case went to trial and the jury awarded $1,500,000.00
Misdiagnosis Of Pneumonia
A woman who worked in construction was having problems with shortness of breath. After a chest X-ray was taken, she was given some antibiotics and told she was probably having the breathing problems because she is a smoker. The X-ray clearly showed an abnormality in the lungs. The failure to diagnosis the pneumonia resulted in extensive lung surgeries and a permanent disability. Walsh & Gaertner’s efforts convinced the insurance company for the doctor to pay $500,000.00.
ONLY SUCCESSFUL MALPRACTICE VERDICT AGAINST MAYO CLINIC
There is only one successful verdict received in Rochester Courts against the Mayo Clinic. Cliff Knippel obtained this verdict, which is still talked about by his peers to this day. The case involved an ICU nurse who delayed needed treatment after the patient experienced complications from an IV. After undergoing various treatments and surgeries, the woman’s hand could not be saved. No offers were ever extended to settle the case. A jury returned a verdict of $450,000. The case eventually settled prior to an appeal with a confidential settlement.
RESCUE DOG ATTACKS 6-YEAR-OLD GIRL IN DAKOTA COUNTY
A six-year-old girl was attacked by a rescue dog in suburban Dakota County. While playing in her neighborhood, the six-year-old girl saw the dog on a walk. She asked if she could pet the dog and when she did, it attacked her biting off a 2″ section of her right cheek. The canine was being harbored by a “foster family” at the time. The animal rescue company attempted to conceal the true history of the dog by claiming it was rescued from a Native American reservation in South Dakota.
Through our investigation, Walsh & Gaertner was able to locate the animal’s original owner of the dog on a farm in rural North Dakota. At his deposition, the prior owner testified that the animal had very aggressive tendencies toward strangers and that he was not able to control the animal any longer. The owner took the dog to a vet and paid to have it euthanized. Unbeknownst to the prior owner, the vet clinic contacted the rescue company who had the dog transported to the foster family in Dakota County. The rescue company never informed the foster family of the aggressive nature of the animal. After a tough discovery battle, Walsh & Gaertner forced the insurance company to pay the little girl over $500,000.00between her 18th and 32nd birthdays.
DOG ATTACKS DEPUTY SHERIFF
An off-duty Olmsted County Sheriff Deputy was attacked by a neighbor’s black lab after being invited into the neighbor’s house. As the Deputy entered the house, the animal struck without warning biting the Deputy in the scrotum and causing a 6 cm laceration exposing his right testicle. After three surgeries the Deputy Sheriff had to quit his job because he was unable to perform its physical requirements. After several rounds of negotiated settlement talks the case settled for $220,000.00.
VETERAN LETTER CARRIER ATTACKED BY DOG
A 20-year veteran of the post office was attacked and bitten by a dog on his lower leg. Locating the owner of the dog was a challenge, but we succeeded. The case settled and the mail carrier received fair compensation for the scar on his leg in the amount of $90,000.00.
ELDERLY WOMAN FALLS ON ICY SIDEWALK
A senior citizen fractured her leg, requiring surgery. The claim was denied by the property owner’s insurance company. Walsh & Gaertner were retained and pushed the case toward trial. With only days to go before trial, the insurance company came to the table and the case settled for $160,000.00
WRONGFUL DEATH OF A LAWYER
A lawyer who was allergic to specific foods began experiencing shortness of breath at a restaurant. He was taken to the hospital where he told the emergency room doctor of his allergies to food. The doctor gave him Benadryl even after he told the doctor Benadryl would not work. His inability to breath was ignored, and he eventually died. A CONFIDENTIAL SETTLEMENT was reached with the hospital and negligent doctor.
FATHER KILLED IN TRAGIC MOTOR VEHICLE CRASH
After their Dad was killed in a motor vehicle collision, the family tried to handle the wrongful death claim on their own. A well-intentioned family friend and lawyer who did not practice in the area of wrongful death, told them they did not need a lawyer and the insurance company would “just pay.” Unfortunately, that was not the case and after a six-month battle with the insurance company, the insurance company adjuster recommended to the family they hire Walsh & Gaertner. We discovered two insurance policies that the family did not realize applied to the death of their father. These policies helped increase the overall distribution to the family of over $400,000.00.
HUSBAND, FATHER OF 2 TEENS KILLED ON MOTORCYCLE
On a county road in Farmington, Minnesota, a 44-year-old cement truck driver was killed by an unlicensed and uninsured driver only feet from his home. After a full day of riding his Harley Davidson, he was run over from behind as he was turning into his driveway. After a tough legal battle over the insurance coverage, Walsh & Gaertner succeeded in the end and was able to resolve the case for the family with a settlement that will pay them a several hundred thousand dollars through a structured settlement over the next several years.
FARM ACCIDENT SEVERELY DAMAGES HIRED MAN’S ARM
During a busy harvest season in a southwest Minnesota farming community, a 28-year-old farmhand was cleaning out the inside of the combine. After announcing to his coworker that he was entering the belly of the combine’s hopper, he jumped down to finish clearing out the remaining soy beans. Without warning the coworker fired up the combine’s auger which caught the sleeve of the young man’s jacket. His arm was pulled into the auger resulting in severe muscle, ligament, nerve, and bone damage. The injuries are permanent and have altered his earning potential, daily activities, and lifestyle. The case was resolved with the insurance company of the farmer for $1,500,000.00.