Some of our Defense Cases

Colorado:

  • Vale v. John R. Britton, M.D. et al. – Pediatric medical malpractice case due to encephalopathy in which VDI provided a Life Care Plan and deposition testimony . Settled prior to trial.
  • Unger, et al. v. PS Products, LLC, et al. – Traumatic Brain Injury case in which VDI provided earning capacity evaluation and Life Care plan and deposition testimoy. Settled prior to trial.
  • Borelli vs. Target Corpration – Slip and fall case in which VDI provided earning capacity evaluation and Life Care Plan. Settled prior to trial.

Arizona:

  • McNeel v. City of Phoenix (July 2011) – Case involving a motor vehicle accident resulting in great toe and back injuries; plaintiff employed as collections trainer at time of accident earning approximately $37,000 annually but had not worked in approximately 2 years at time of trial. Before trial, plaintiff vocational rehabilitation/economic expert presented damages of over $677,000+ in future medical care costs, $260,000 in future lost earning capacity, $93,000-123,000 in claimed lost value of household services and $82,700 in claimed lost value of “exertional exercise activities” (NOTE: this area of claimed damages is not to be found in any peer-reviewed literature or text and was the sole creation of plaintiff’s expert), for total claimed damages of $1,112,700-1,142,700. Before trial, VDI prepared an Earning Capacity Evaluation and Life Care Plan, critiqued plaintiff expert’s opinions and provided rebuttal of lost household services and “exertional exercise activities” arguments. Plaintiff dropped their entire claim for costs related to future medical care at time of trial and presented testimony in the other areas of damages. Robert H. Taylor of VDI testified effectively at trial regarding all areas of damages claimed by plaintiff and also successfully deflected last-minute questions and arguments during cross-examination by plaintiff’s counsel regarding hedonic damages that had not been previously addressed. Plaintiff demanded $900,000 in closing argument at trial. Jury awarded a total of $140,000 for past medical expenses, past lost wages and past pain and suffering; jury awarded nothing for future damages.
  • Aira v. Dever* – Traumatic brain injury case in which VDI provided an Earning Capacity Evaluation and Life Care Plan. Defense verdict.
  • Brogdon v. City of Prescott – Multiple orthopedic injuries case in which VDI provided Earning Capacity Evaluation and trial testimony. Defense verdict.
  • Laya v. Pima County – Spinal cord injury case in which VDI provided Earning Capacity Evaluation, Life Care Plan and deposition testimony. Defendants prevailed on summary judgment.
  • La v. Maricopa Unified School District – Pediatric spinal cord injury (cervical spine) case in which VDI provided Earning Capacity Evaluation, Life Care Plan and deposition testimony. Case settled prior to trial.
  • Pellegrini v. L.A. Fitness*– Spinal cord injury case in which VDI provided Earning Capacity Evaluation, deposition testimony and trial testimony. Defense verdict.
  • Reynolds v. Burwell – Spine injury/chronic pain case in which VDI provided Earning Capacity Evaluation, Life Care Plan and trial testimony. Jury verdict of $20,000, less 50% for contributory negligence for a total verdict of $10,000, which was significantly less than demanded by plaintiff at trial, and nothing was awarded for future loss of earning capacity. The court then awarded defendant fees and costs of $28,462.70.
  • Vigil v. Starwood Hotels & Resort Worldwide, Inc. – Lyme disease case in which VDI provided Earning Capacity Evaluation, Life Care Plan, deposition testimony and trial testimony. Defense verdict.
  • Wilson v. Schofield - Case involving a motor vehicle accident resulting in Plaintiff alleging lumbar soft tissue injuries with residual pain requiring pain management. Defendant admitted negligence but argued causation. Defendants argued Plaintiff’s injuries were either related to his preexistent condition or a subsequent event, unrelated to the accident. Defendants relied on the testimony of Robert H. Taylor as the vocational economist. Plaintiff’s asked for just and reasonable compensatory damages; $99,000 medical expenses; plust $12,000 to $15,000 lost wages. Plaintiffs made a pretrial demand of $325,000. Defendants made a $175,000 offer of judgement. The jury unanimously awarded the Plaintiff $91,200 in compensatory damages.

* Reported in List of Top 10 Defense Verdicts of 2010 – Arizona Attorney Magazine, State Bar of Arizona

Nevada:

  • Barnes v. Campaige Place Limited – Traumatic brain injury case in which VDI provided a Life Care Plan and deposition testimony. Settled prior to trial.
  • Brady v. Osur – Multiple orthopedic injuries case in which VDI provided Earning Capacity Evaluation, Life Care Plan and deposition testimony. Settled prior to trial.
  • Drexel v. Grieder – Spine injury/chronic pain case in which VDI provided Earning Capacity Evaluation and deposition testimony. Settled prior to trial.
  • Johnson v. Moskal – Spinal cord injury/chronic pain case in which VDI provided Earning Capacity Evaluation, Life Care Plan and trail testimony. Jury verdict awarded plaintiff significantly less than demand.
  • Madison v. Timet – Spinal cord injury case in which VDI provided Earning Capacity Evaluation and Life Care Plan. Settled prior to trial.
  • Ortiz v. Sun Cab, Inc. – Spinal cord injury/chronic pain case in which VDI provided Earning Capacity Evaluation, Life Care Plan and trial testimony re: lost earning capacity, the value of lost ability to perform household services and future care needs. The jury awarded nothing in future lost earning capacity or future loss of household services.
  • Riel v. Badger Express – Multiple complex injury case in which VDI provided Life Care Plan and deposition testimony. Settled prior to trial.

Other Venues:

  • Mejia v. Orlando Regional Medical Center – Florida – Quadruple amputee medical malpractice case in which VDI provided Life Case Plan. Settled prior to trial.
  • Baldonado v. El Paso Natural Gas – New Mexico – Case in which 13 plaintiff firefighters claimed post-traumatic stress disorder following pipeline explosion. While the case resulted in a defense verdict, VDI completed assessment of 13 injured plaintiffs under short deadlines.
  • Gambeng v. Kauai Medical Clinic, Inc. – Hawaii – Pediatric birth injury case in which VDI provided Life Care Plan. Settled prior to trial.
  • Kanae v. Kauai Medical Clinic – Hawaii – Pediatric birth injury (brain injury) case in which VDI provided Life Care Plan. Settled prior to trial.
  • Lopez and Takemoto v. Nakamoto – Hawaii – Pediatric birth injury case involving brachial plexus injury in which VDI provided Earning Capacity Evaluation, Life Care Plan and trial testimony. Defense verdict.
  • Green v. Barnes -Jewish Hospital and Washington University – Missouri – Pediatric brain injury case in which VDI provided Earning Capacity Evaluation and Life Care Plan. Settled prior to trial.