Onstad Blog

Jan 29

Written by: Rock Onstad
1/29/2010 11:29 AM 

 

In 2003, the Texas legislature put a cap on non-economic damages in healthcare liability claims. The intent of passing such a law was to prevent victims who did not have serious injuries resulting in permanent impairment from getting large amounts but, unfortunately, the catastrophically impaired got the same shake.
 
If you undergo a surgical operation for a routine matter, and wake up paralyzed or seriously brain damaged for the rest of your life, the maximum you could recover for past and future physical pain, mental anguish, impairment, and disfigurement is $250,000.  It does not matter that you will never walk again, never smile again, and will be dependent on others to clean you, feed you, and do the most menial tasks of day to day living.
 
If the same harm is caused by a negligent motorist in an auto accident, an 18-wheeler driver, a negligent airline, a medical device manufacturer, a rail road company, or any non-healthcare entity, that cap does not apply, and you are entitled to have a jury of your peers determine the value of all that has been taken away from you.
 
Why do surgeons and hospitals have such privileges and the ordinary motorist does not? I call it a “GET OUT OF JAIL FREE CARD.” Surgeons and hospitals can negligently cause paralysis and serious brain damage, and they do not have to pay the same consequences as the rest of us when we are negligent and make mistakes. Manufacturers spend significant resources to make products safer, in part because they do not want to be financially responsible for the results when poor products cause significant injury or death. Surgeons and hospitals in Texas no longer have that incentive to be careful with your life.
 
Most plaintiff lawyers are refusing meritorious cases against negligent surgeons and hospitals because the significant cost of bringing such actions is not justifiable when the maximum recovery may be limited to $250,000. 
 
Next, how tort reform changes to recovery of medical expenses has impacted a victim’s opportunity to be “made whole.”
 

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VERDICTS AND SETTLEMENTS in which Rockne W. Onstad was Lead Counsel or Co-Counsel

    Gross Amount  Client Recovery        Attorney Fee           Expenses Nature
$13,650,000 $8,055,000 $5,460,000 $135,000 Defective manufacture, military helicopter gear box, spinal cord injuries (settlement)
$9,200,000 $6,320,064 $2,760,000 $119,358 Defective design, airplane component, wrongful deaths (settlement)
$6,800,000 $4,473,334 $2,266,666 $60,000 Brain injury, defective water slide, amusement park negligence (settlement)
$4,800,000 $2,347,000 $2,400,000 $53,000 Hospital labor and delivery negligence, hypoxic ischemic encephalopathy (settlement)
$4,300,000 $309,000 $138,000 $13,000 Wrongful death, pilot error in airplace crash (jury verdict)
$3,850,000 $2,373,000 $1,425,000 $52,000 Birth asphyxia, cerebral palsy, obstetrical negligence, fetal distress (settlement)
$3,500,000 $2,028,000 $1,400,000 $72,000 Spinal cord injury, defective truck component – truck rollover (settlement)
$3,235,000 $2,361,250 $808,750 $65,000 Brain injury, federal tort claims act, FAA negligence (bench verdict)
$3,000,000 $1,724,000 $1,200,000 $76,000 Cauda Equina Syndrom, neurosurgeon negligence in spinal surgery (settlement)
$2,900,000 $844,000 $694,000 $26,000 Spinal & leg injuries, driver negligence (verdict/settlement-gross reduced on appeal)
$2,650,000 $1,804,667 $833,333 $12,000 Wrongful death, hotel fire (settlement)
$2,500,000 $1,644,667 $833,333 $22,000 Arm loss, product liability, defective design of farm tractor (settlement)
$2,300,000 $1,399,000 $960,000 $41,000 Brain injury, anesthesia negligence (settlement)
$2,300,000 $1,321,000 $920,000 $59,000 Spinal cord injury, 3 wheel all terrain vehicle defective design (settlement)
$2,200,000 $1,276,000 $880,000 $44,000 Brain injury, obstetrical negligence, pre-eclampsia, cerebral palsy (settlement)
$2,200,000 $1,267,000 $880,000 $53,000 Spinal injury, construction negligence & insurance bad faith (settlement)
$2,000,000 $1,303,334 $666,666 $30,000 Wrongful death, esophageal intubation, nurse anesthetist negligence (settlement)
$2,000,000 $1,106,887 $800,000 $93,111 Brain injury, radiologist negligence & product liability (settlement)
$2,000,000 $976,484 $976,482 $47,034 Brain injury, obstetrical negligence, forceps delivery, preeclampsia (settlement)
$2,000,000 $972,331 $972,669 $55,000 Brain injury, obstetrician negligence, UPI & IUGR (settlement)
$1,900,000 $905,000 $950,000 $45,000 Clinic failure to supervise impaired physician, four victims (settlement)
$1,700,000 $1,130,730 $565,363 $3,907 Burn injuries, defectively designed refueling nozzle, military aircraft (settlement)
$1,400,000 $718,689 $560,000 $121,310 Brain injury, shunt infection, neurosurgical negligence (jury trial & settlement)
$1,400,000 $818,000 $560,000 $22,000 Spinal cord injury, automobile driver negligence (jury trial & settlement)
$1,403,000 $848,221 $503,552 $51,227 Brain injury, obstetric negligence, Group B strep (settlement)
$1,300,000 $754,000 $520,000 $26,000 Retinopathy of prematurity, visual impairment, pediatric negligence (settlement)
$1,300,000 $341,000 $250,000 $33,189 Wrongful death, E.R. physician negligence, sepsis (jury verdict and settlement))
$1,237,000 $794,667 $412,333 $30,000 Brain injury, pedi-cardiologist negligence (settlement)
$1,167,000 $628,187 $466,800 $72,513 Wrongful death, E.R. physician failed diagnose infarct (settlement)
$1,150,000 $727,667 $383,333 $39,000 Brain injury, obstetric negligence, Group B strep, cerebral palsy (settlement)
$1,100,000 $634,004 $440,000 $25,996 Impaired survival, delayed diagnosis of breast cancer (settlement)
$1,060,000 $532,715 $478,991 $48,294 Brain injury, obstetrical negligence, breech delivery (settlement)
$1,000,000 $630,000 $333,000 $37,000 Wrongful death, military aircraft manufacturing defect, product liability (settlement)
$1,000,000 $566,116 $400,000 $34,884 Wrongful death, surgeon negligently injured bile duct (settlement)
$1,000,000 $477,500 $477,500 $45,000 Wrongful death, negligent bariatric surgery (settlement)
$1,000,000 $606,732 $350,000 $43,268 Brain injury, family practitioner negligence, preeclampsia (settlement)
$1,000,000 $514,000 $400,000 $86,000 Brain injury, Crawler crane track failure (settlement)
$1,111,000 $596,603 $444,000 $70,397 Heart attack, product liability, cardilogist negligence (settlement)
$2,950,000 $1,725,000 $1,180,000 $45,000 Defective helicopter design, wrongful deaths (verdict/settlement)
$2,800,000 $1,854,667 $933,333 $12,000 Wrongful death, hotel fire, premises liability (settlement)
$1,900,000 $73,000 Wrongful death, pilot error, helicopter crash (jury verdict-no insurance coverage)
$1,500,000 $947,000 $520,000 $33,000 Wrongful death, defective design military aircraft component (settlement)
$1,111,000 $594,975 $444,400 $71,625 Heart attack, product liability and cardiology negligence (settlement)
$500,000 $225,000 $250,000 $25,000 Wrongful death, defective design of hay baler (settlement)
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