Cleveland and Columbus, Ohio, medical malpractice, wrongful death, and personal injury attorneys and lawyers dedicated to vigorously representing the injured.

$30,000,000. Actually, in excess of $30,000,000 was awarded to women and their families represented by Brown & Szaller who had been injured by the Dalkon Shield IUD. During the enormous product liability litigation, Brown & Szaller hired a dozen full time registered nurses to assist in the evaluation and compilation of medical records. The firm also engaged the professional services of three obstetricians/gynecologists, two pathologists, a surgeon, an economist, a biostatistician, an epidemiologist, and a pediatric neurologist to assist in the presentation of claims in arbitration, mediation and trial.

(While it is impossible to draw an analogy between any product liability injury you may have and the massive Dalkon Shield litigation, information about Brown & Szaller’s efforts representing Dalkon Shield victims is presented to give visitors to LawAndHelp.com an indication of Brown & Szaller’s diligence, professionalism, and abilitities.  See Dalkon Shield IUD Litigation and Harvard Press Release.)

GRIFFITH V. BOOHER, ET AL. (FRANKLIN COUNTY)

$2,500,000. Family of 20-year old boy sued son’s friend who accidentally shot him in chest with .45 caliber handgun, as well as Mt. Carmel East Hospital and its physicians for medical malpractice in treatment of wound. Jason Griffith went into shock and nearly bled to death after admission to the hospital before he was taken to surgery, as a result of which he suffered a cardiopulmonary arrest and brain damage. Jason lived for 13 months before dying of pneumonia.

Pretrial settlement demand was $2,250,000 and offer from medical defendants was $300,000. Case was settled on third day of trial for $2,500,000 with medical defendants paying $1,150,000.

$650,000. Settlement for the family of two young boys who tragically and needlessly died when swept by flood waters into an open unguarded storm sewer pipe covered by flood water. The wrongful deaths of the 7 and 8 year old boys were caused by the political subdivision’s gross negligence, according to the two engineers, the emergency room physician, and the economist hired by Brown & Szaller to testify on behalf of the families against the municipalities in the "premises liability" and "political subdivision" litigation.

HOMER ALLEN V. CLEVELAND CLINIC FOUNDATION, ET AL

$527,000. plus interest. The largest "informed consent" verdict ever awarded in Ohio. Mr. Allen, a Kentucky resident, sued a hospital and some of its physicians alleging that they failed to inform him of risks inherent in surgery performed upon him. During surgery, he suffered a neurological deficit and was rendered blind. The jury verdict was appealed by the defendants to the U.S. Court of Appeals, but the total jury verdict, plus interest, was nonetheless eventually paid to the Mr. Allen by the defendants.

$665,000. Settlement (policy limits) for personal injuries suffered by two airline employees injured in an automobile accident in the state of Georgia. The airline employees were Ohio residents, and after filing suit against the tortfeasor in Georgia, they also filed suit against their own insurance companies for underinsured motorist coverage. They also sought and obtained Workers Compensation benefits in the state of Illinois, where they were based as flight attendants. Brown & Szaller utilized the services of numerous experts, and represented the plaintiffs in all actions – in Georgia, in Ohio, and in Illinois, with the assistance of local counsel.

$850,000. Partial settlement for minor injured during resuscitation for neonatal distress. Evidence established that attempts to oxygenate were inadequate, that UAC catheter had been misplaced, and that improper medications were administered through the catheter. Case continues against neonatologist.

$665,000. Settlement of malpractice action on behalf of 39 year old man diagnosed in 1989 with testicular seminoma. Patient was improperly diagnosed as Stage I rather than Stage II based on CT scan abnormality. Inadequate radiation dosage and field employed, resulting in eventual recurrence of seminoma as pelvic mass. Mass was improperly resected rather than treated with radiation/chemotherapy, leaving patient with orthopedic disability in left leg.

$200,000. Settlement demand paid on morning of trial for death of newborn, despite testimony of eight local obstetricians that the care of the defendants complied with acceptable medical practice. Plaintiffs established that refusal of obstetricians to criticize local colleagues was a "conspiracy of silence," and that Plaintiff had not been informed of a safer way to manage her pregnancy, which would have avoided the death of her child.

$400,000. Settlement for a 72-year old woman who was involved in a motor vehicle accident and sustained multiple contusions and a badly comminuted supra and infra condylar fracture of the left humerus and fracture of the right index P.I.P. She underwent physical therapy to regain use of her left arm. An economist was retained to estimate loss of earnings (even though she was 72, the present value of household services and lost secretarial services was estimated).

PALMER V. STATE FARM, ET AL (Lorain County)

$60,000. Settlement for bicyclist injured in a cycling accident when she was grabbed by passenger in a passing automobile. The automobile fled the scene, and plaintiff brought suit against her own insurance company for an uninsured motorist claim. Injuries included neck and head, but some 16 months after the accident she suffered a herniated cervical disc. No surgery performed on the disc.

$860,000. Confidential settlement to patient who underwent a knee surgery performed by oral surgeons. Plaintiff suffered permanent and debilitating injuries as a result of the procedure.

$361,000. Verdict for plaintiff who occasioned two ectopic pregnancies because of her use of the Dalkon Shield IUD. Testifying on behalf of the victim was a pathologist from the Mayo Clinic, an ob/gyn with privileges at the Center for Disease Control in Atlanta, Georgia, and three additional experts retained by Brown & Szaller.

$822,026. Settlement for "wrongful birth" claim. Alexander was born with severe disabilities. His mom, who conceived Alexander despite her use of a birth control device touted by the manufacturer as being 99% effective (but which was known to the manufacturer to be only about 94% effective) received an offer to resolve her claim, and her son’s claim, for a few hundred dollars. She rejected the offer and filed a lawsuit in the U.S. District Court in Baltimore, Maryland, alleging that under Louisiana law (the place where the birth control device was inserted) the manufacturer of a birth control device could be held responsible for wrongful birth. After numerous depositions in New Orleans, Louisiana and Baltimore, Maryland, a settlement was reached. On behalf of the MacLeod’s, Brown & Szaller had retained an economist, two obstetrician/gynecologists, an epidemiologist, a biostatistician, and a pathologist to testify on the family’s behalf.

$85,000. Settlement for an 81 year old man involved in a motor vehicle accident who sustained a fracture of the anterior arch of the first cervical vertebra on the right side, and a fracture of the posterior arch along the left side. No surgery was necessary. However, a halo traction apparatus and cervical collars were worn during the rehabilitation period.

$300,000. Settlement when plaintiff’s esophagus was perforated during esophagoscopy resulting in, inter alia, laceration of the spleen, infection, necessitating gastrectomy and splenectomy.

$250,000. Settlement for failure to diagnose and treat a intracranial hemorrhage by the emergency room and treating physicians. Plaintiff suffered partial vision loss in left half of both eyes.

$150,000. Settlement to plaintiff who was a passenger in an automobile being driven by her husband. Plaintiff’s car was struck while turning left by an oncoming driver. Plaintiff sued the oncoming driver ($100,000 policy limits) and made an uninsured/underinsured motorist claim for negligence of husband. Settled against both defendants for $150,000. Husband later found not at fault in his tort claim against the oncoming driver. Damages: comminuted fractured, right femur.

COOK V. BETHESDA HOSPITAL (Hamilton County)

$760,000. Settlement on behalf of a minor child injured during birth. Child suffered shoulder dystocia as a result of a prolonged labor and delivery. Child’s shoulder became lodged in the birth canal, which went undetected by attending hospital personnel.