We finally did it.

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  • SoCalCoug
    Ragnar Lodbrok Descendant
    • Nov 2008
    • 5214

    #1

    We finally did it.

    I joined up with my former employer a couple of years ago to form a new firm with each of us as a principal. He does plaintiff's personal injury, while I'm trying to build up a family law practice. It's been really tough lately - he's had some health issues, and we just went through a string of difficult losses at trial and arbitration. And I've had to spend so much time on the personal injury stuff that I haven't been able to pay enough attention to family law.

    When I came on with him, he had a birth injury case that he was trying to pawn off on another firm. He'd already had one decline it. I looked at it and convinced him to keep it. The defendant doctor was employed through a federal program, so it was in federal court with the U.S. as a defendant - judge trial, not a jury trial.

    He tried it in May and June, and we just got the opinion: We won, with a total award of $5 million (in fact, the exact numbers we asked for in our closing brief to the judge). He talked to the defense attorney, and it sounds like they're not going to appeal. Also, it appears (we're trying to confirm this) that because it's under the federal tort claims act, our fee is 25%, not the (essentially) 15% we were anticipating under California law for medial malpractice (thanks to tort reformers).

    Honestly, had we lost, there was a huge possibility we would have had to dissolve the firm and try something else. So, we're flying pretty high right now.
    If we disagree on something, it's because you're wrong.

    "Somebody needs to kill my trial attorney." — Last words of George Harris, executed in Missouri on Sept. 13, 2000.

    "Nothing is too good to be true, nothing is too good to last, nothing is too wonderful to happen." - Florence Scoville Shinn
  • I.J. Reilly
    Nobody's Fool
    • Apr 2009
    • 2949

    #2
    Great win for you guys! It's good to see something you've built with your own hands grow. Here's to success!

    Comment

    • falafel
      loves to talk on things
      • Mar 2009
      • 38021

      #3
      That's great news! Congratulations, SoCal!
      Ain't it like most people, I'm no different. We love to talk on things we don't know about.

      Dig your own grave, and save!

      "The only one of us who is so significant that Jeff owes us something simply because he decided to grace us with his presence is falafel." -- All-American

      "I know that you are one of the cool and 'edgy' BYU fans" -- Wally

      GIVE 'EM HELL, BRIGHAM!

      Comment

      • TripletDaddy
        sweet triple
        • Nov 2008
        • 58186

        #4
        nice. congrats.
        Fitter. Happier. More Productive.

        sigpic

        Comment

        • Donuthole
          Official Outgayer
          • Nov 2008
          • 25282

          #5
          That is awesome. Congratulations.
          Prepare to put mustard on those words, for you will soon be consuming them, along with this slice of humble pie that comes direct from the oven of shame set at gas mark “egg on your face”! -- Moss

          There's three rules that I live by: never get less than twelve hours sleep; never play cards with a guy who's got the same first name as a city; and never go near a lady's got a tattoo of a dagger on her body. Now you stick to that, everything else is cream cheese. --Coach Finstock

          Comment

          • thesaint258
            aka Benito Hazard
            • Jan 2009
            • 3005

            #6
            It takes a lot of guts to go out on your own. I'm glad you guys got a win.
            Not that, sickos.

            Comment

            • Art Vandelay
              Striving for mediocrity
              • Jul 2009
              • 10516

              #7
              That is great for you and your firm. However as a member of the medical community seeing these huge payouts always makes me cringe. I would do everything in my power to convince my kids to never go into OB or anesthesia due to the associated risks involved.

              You seem like a great guy Socal, enjoy your victory.

              Comment

              • New Mexican Disaster
                Suomalainen
                • Nov 2008
                • 4549

                #8
                Congrats and good for you and for the child and his or her family.

                Comment

                • SoCalCoug
                  Ragnar Lodbrok Descendant
                  • Nov 2008
                  • 5214

                  #9
                  Originally posted by Art Vandelay View Post
                  That is great for you and your firm. However as a member of the medical community seeing these huge payouts always makes me cringe. I would do everything in my power to convince my kids to never go into OB or anesthesia due to the associated risks involved.

                  You seem like a great guy Socal, enjoy your victory.
                  This was a pretty bad one - 48 hour labor, arrest of labor at 4:45 p.m. on the day of delivery (acknowledged by the doctor), mom had a 100 degree temperature, didn't order c-section until after 7:30 p.m. - baby still showing strong vitals at 4:45. Baby was delivered on the third day after membrane rupture. The doctor was grossly negligent, missed all the red flags, and ruined a child's life.
                  If we disagree on something, it's because you're wrong.

                  "Somebody needs to kill my trial attorney." — Last words of George Harris, executed in Missouri on Sept. 13, 2000.

                  "Nothing is too good to be true, nothing is too good to last, nothing is too wonderful to happen." - Florence Scoville Shinn

                  Comment

                  • SoCalCoug
                    Ragnar Lodbrok Descendant
                    • Nov 2008
                    • 5214

                    #10
                    Originally posted by New Mexican Disaster View Post
                    Congrats and good for you and for the child and his or her family.
                    The saddest part of this is that the father died while we were waiting for the opinion. It's now a single mother.
                    If we disagree on something, it's because you're wrong.

                    "Somebody needs to kill my trial attorney." — Last words of George Harris, executed in Missouri on Sept. 13, 2000.

                    "Nothing is too good to be true, nothing is too good to last, nothing is too wonderful to happen." - Florence Scoville Shinn

                    Comment

                    • WashingtonCoug
                      Monsters like me
                      • Jan 2009
                      • 1489

                      #11
                      Great to hear, congratulations!
                      "To the man who only has a hammer, everything he encounters begins to look like a nail."
                      —Abraham Maslow

                      Comment

                      • New Mexican Disaster
                        Suomalainen
                        • Nov 2008
                        • 4549

                        #12
                        Originally posted by SoCalCoug View Post
                        The saddest part of this is that the father died while we were waiting for the opinion. It's now a single mother.
                        that is sad. Well, you know that you all did good work for her and the child and that they will have much greater financial security and ability to make the child's life as pleasant as possible.

                        Comment

                        • cowboy
                          Homer Weems
                          • Dec 2008
                          • 5740

                          #13
                          If you don't mind me asking, what were the economic damage totals compared to the pain and suffering?
                          sigpic
                          "Outlined against a blue, gray
                          October sky the Four Horsemen rode again"
                          Grantland Rice, 1924

                          Comment

                          • landpoke
                            Never once baby snatched
                            • Nov 2008
                            • 4183

                            #14
                            Nice haul. Would you be interested in a high risk, high reward, all or nothing type investment? Because I've got just the thing.
                            There's no such thing as luck, only drunken invincibility. Make it happen.

                            Tila Tequila and Juggalos, America’s saddest punchline since the South.

                            Yesterday was Thursday, Thursday
                            Today is Friday, Friday (Partyin’)
                            …
                            Tomorrow is Saturday
                            And Sunday comes afterwards

                            Comment

                            • SoCalCoug
                              Ragnar Lodbrok Descendant
                              • Nov 2008
                              • 5214

                              #15
                              Originally posted by cowboy View Post
                              If you don't mind me asking, what were the economic damage totals compared to the pain and suffering?
                              Economic damages (all future) $4.7 million. Noneconomic (pain & suffering) $250,000. California law caps noneconomic damages in medical malpractice actions at $250,000. Thanks, tort reformers!
                              If we disagree on something, it's because you're wrong.

                              "Somebody needs to kill my trial attorney." — Last words of George Harris, executed in Missouri on Sept. 13, 2000.

                              "Nothing is too good to be true, nothing is too good to last, nothing is too wonderful to happen." - Florence Scoville Shinn

                              Comment

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