Google+ Past Cases
Friday, January 19, 2018

Worker's Compensation: Represented gentleman who sustained a head injury resulting in severe loss of vision and depth in his left eye. The injured worker was evaluated by both a neuro-ophthalmologist, and neuro-psychologist before undergoing an independent medical examination. The parties reached a settlement based on approximately 60% body as a whole after the IME resulted in a 28% body as whole rating. While the injured worker was released to work with no restrictions and the IME failed to place any restrictions on the claimant, it was argued that the claimant did have some limitations that prevented him from receiving a promotion that limited his future earnings.

Medical Malpractice: Represented a gentleman who was diagnosed with a protruding disc who underwent surgery to repair it. The patient symptoms worsened post-surgery until he lost the use of his arms and legs. It was then discovered that the patient had a tumor that impinged on his spine that was the real cause of the back pain. This tumor was present on the original MRI both the radiologist and surgeon used to diagnose the bulging disc. While the patient recovered the use of his arms and legs, he underwent significant pain and discomfort from both the misdiagnosis and the unnecessary back surgery. A settlement was obtained in the amount of $850,000.

Worker's Compensation: Represented client with traumatic amputation of multiple fingers and bilateral carpal tunnel with extreme PTSD. There was questionable RSD in the amputated extremity. We successfully negotiated a confidential settlement with the employer and their insurance carrier that included a lump sum payment to the injured worker as well as funds for retraining and/or re-education.

Worker's Compensation: Represented injured worker with dominant right-hand injury. Company initially refused to accept case as work related. After claim was filed employer and their insurance carrier were convinced to accept case as work related. Multiple alternate care petitions were filed to either change treating physicians and/or require the employer and/or their insurance carrier to provide continuing medical care. The claim resulted in a favorable "body as a whole" confidential settlement for the injured worker.

Products Liability: Represented the estate of MS, a 5 year old girl who was killed in the presence of her family when a pick-up manufactured by Nissan rolled back and from a parked position rolled over her.  We sued Nissan on behalf of M's estate and her family claiming that the inadvertent roll back was due to a product defect in the gear shift mechanism of the vehicle.  We obtained a confidential settlement on behalf of M's estate and her family.

Automobile Negligence-Wrongful Death: Represented the estate and children of MS who was killed in a motor vehicle accident where MS was a passenger and was chased by another vehicle at high speeds through downtown Des Moines before striking a utility pole.  We obtained a confidential settlement with a structure so that the children's portion would be protected through the use of an insurance funding product.

Civil Rights-False Arrest: Represented DA on a criminal matter where he allegedly interfered with the official acts of Des Moines police officer MS.  After obtaining a "not guilty" verdict, we brought an action against Officer SM for false arrest and false prosecution in federal court.  We settled the lawsuit with the City of Des Moines on favorable confidential terms.

Automobile Negligence-Child on Bicycle: Represented DW, a minor who was struck by a vehicle while riding his bike.  DW sustained severe internal injuries as a result of the accident.  The probate court approved a settlement for the insurance policy limits of the negligent driver and under-insured motorists coverage.  The settlement was placed in conservatorship after having been structured through the use of an annuity.

Civil Rights-False Arrest: Represented JT, a promising race car driver against a local police officer who had just received "Officer of the Year" award. JT was arrested during a high profile promotional event at Pizza Hut (one of JT's sponsors) in Indianola, Iowa for allegedly attempting to assault that officer with his race car at the Warren County Fair.  We obtained a very favorable confidential settlement on JT's behalf on the basis of a false arrest claim through mediation.

Clergy Malpractice: Represented SC in a religious malpractice claim against a church in Earlham, Iowa where her pastor allegedly made unwanted sexual advances towards her and used his position to obstruct her marital relationship.  This case exposed corruption within the church and we obtained a very favorable confidential settlement for SC and her husband through mediation.

Automobile Negligence with Medical Malpractice: Represented DH in a motor vehicle accident case with a medical malpractice component.  DH was struck from behind by a semi truck and sustained serious injuries to his back resulting in failed back syndrome.  The surgeon lanced DH's iliac artery during a second back surgery.  We obtained a settlement on David's behalf in the amount of $900,000.00.  We obtained a second confidential settlement again the surgeon for the medical malpractice.

Employment - Wrongful Public Policy Discharge: Represented LC, a correctional officer for the State of Iowa on a wrongful discharge in violation of public policy claim.  LC had exposed corruption within the prison system and was fired after she exposed the sexual misconduct of a fellow officer.  After a 6 day trial, a Polk County jury awarded LC $100,000.00.  This was one of the first wrongful discharges in violation of public policy verdicts in Iowa outside of the worker's compensation context.  This was the first in a series of cases against the State where we represented employees and inmates who were the victims of corruption or who were fired for exposing corruption.

Employment-Wrongful Public Policy Discharge: Represented BT, a correctional officer for the State of Iowa on a wrongful discharge in violation of public policy claim.  BT was involved in exposing sexual misconduct of high ranking corrections officials and we brought suit on her behalf when she was fired in Polk County District Court.  We obtain a favorable settlement with attorney fees in excess of $100,000 plus reinstatement of her job with full benefits and status.  BT has since been promoted through the State system.

Civil Rights - Sexual Misconduct by Prison Guard: Represented PR, an inmate with the women's prison in Iowa in a federal court claim of sexual harassment and assault.  After a seven-day trial, a federal jury awarded Pam $45,000.00 against the warden and security director for failure to protect and the court awarded an additional $60,000.00 against the correctional officer.  The court awarded additional monies to PR in attorney fees.

Civil Rights - Sexual Misconduct by Deputy: Represented PR in a federal court sexual harassment and assault case against a jailor in Waterloo, Iowa.  We obtained a favorable settlement on behalf of PR for $45,000.00 through mediation.

Civil Rights - Medical Indifference: Represented GC, an inmate with the women's prison in Iowa in a federal court case alleging deliberate indifference to her serious medical needs for failing to properly treat her when she went into labor at the prison.  Fortunately, the baby and mother were not injured.  A federal judge awarded over $20,000 in damages and attorney fees.

Civil Rights - Sexual Misconduct by Prison Guard: Represented inmates SMF, MH and YD in federal court cases against the Warden and Security Director of the Mount Pleasant Correctional Facility as well as former Corrections Officer, KP, for sexual harassment and failure to protect.  The prisoners obtained a partial settlement through a confession of judgment for the case against the Warden and Security Director for $85,000.00. The case against KP, the alleged perpetrator, survived the settlement and the court awarded an additional $85,000.00 in punitive damages for a total award of $170,000.00.

Employment - Sexual Harassment: Represented SW in an employment case in federal court against her local newspaper in Ottumwa, Iowa.  SW alleged that she was forced to engage in sexual acts with her supervisor as a condition of continued employment.  We obtained a confidential settlement through a federal court mediation process with the federal magistrate judge.

Negligence - Slip & Fall: Represented PA on a slip-and-fall claim against the Marriott Hotel in West Des Moines, Iowa.  PA slipped when she entered the hotel that had moisture accumulated on the floor just inside the entrance.  PA broke her foot as a result of the accident and sustained serious soft tissue damage as a result.  We obtained a very favorable settlement for the client that is confidential.

Negligence - Ski Patrol: Represented BB on a ski resort liability case where BB was struck by a snowmobile operated by a ski patrolman working for VS Resorts.  BB sustained 2 meniscus tears, a fractured patella and an ACL injury as a result of the accident.  We brought a lawsuit on behalf of the client, the terms of which are confidential.  A separate claim for loss of spousal consortium was brought in Summitt County, Colorado, and was settled at the same time as the federal lawsuit.

Civil Rights - Sexual Misconduct by Prison Guard: Represented EH, a former inmate in Colorado who was sexually assaulted by a private transport officer in New Mexico.  We brought suit in New Mexico federal court and obtained a favorable confidential settlement on behalf of our client through a private mediation process in Albuquerque.  The transport officer was also convicted of sexual assault in connection with this and another similar incident.

Civil Rights - Deliberate Indifference Child Abuse: Represented the M Children in an action in federal court against an Iowa DHS agent for failing to protect the children when she supported placing the children with their father and his paramour who we alleged should have known of their dangerous propensity for physical abuse.  The children were subjected to both physical and emotional abuse by the father and his paramour.  We obtained  a settlement through private mediation on behalf of the children for $352,000. This was one of the first cases of this nature filed in Iowa.

Defamation - Slander: Represented G and LS in a libel defamation case against the Point Blank weekly newspaper over an article that falsely accursed Mr. S of using crack cocaine.  The initial publication was commented on in several Des Moines Register news articles.  After several months of litigation and a motion for summary judgment where the defendant attempted to portray Mr. S as a public figure, this case was settled on mutually agreeable financial terms.  This case involved a rare instance where the majority of the litigation centered around Mr. S's public figure status and the potential requirement to prove actual malice or reckless disregard.  Mr. S prevailed on that issue at the summary judgment proceedings and the case settled shortly thereafter.

Automobile Negligence - Intoxicated Driver: Represented AS in a personal injury accident against a drunk driver who struck the vehicle AS was a passenger in.  AS sustained cosmetic injuries to her face that required surgery.  A settlement was reached with the negligent driver for the limits of the insurance coverage within approximately 6 months after the date of loss.

Automobile Negligence - Car Hits Pedestrian: Represented  JAW in a personal injury accident against L for injuries she sustained as a pedestrian when she was struck by a company truck while working security at P in Des Moines.  JAW had preexisting end stage arthritis in the knee that was struck requiring her to have a total knee replacement that she otherwise would not have had.  We were able to obtain a settlement in the amount of $99,000.00 after having JAW's workers compensation carrier reduce their subrogation lien from $70,000 to $22,000 while also agreeing to leave the workers compensation case open for the purpose of settling the industrial disability claim and future medical expenses with no corresponding subrogation liability.

Workers Compensation: Represented MVD on a workers compensation claim against the State of Iowa.  Workers Compensation paid over $70,000 in indemnity (wages).  We were able to obtain an industrial settlement in the amount of $150,000 of new money with an agreement that the State of Iowa would waive their right to recover this amount in a subrogation action thereby allowing MVD to pursue an action against the negligent party (Wal-Mart) who he alleges caused the harm without any corresponding payback obligation.

Sexual Abuse: Represented LH, JM and SVA on a claim of jail sexual abuse.  The claims involved forced oral sex of 2 inmates and threats regarding the third.  Jail officials claimed consent and an attempt by the plaintiffs to set the guard up by JM settled their claims for $19,000 each for a total of $38,000 with SVA settling her claim for $5,000.00.

Sexual Harassment: BK sued CFI alleging that she was subject to a barrage of harassment including have a male co-worker shove his hands down her pants at the workplace, subjected to comments about her breasts and other body parts and multiple instances of unwanted touching.  The perpetrator also allegedly harassed 5 other women whose cases were settled on a confidential basis.  BK's case survived a massive summary judgment motion in federal court.  The judge allowed the case to survive notwithstanding that CFI did not have formal notice of the harassment due to the barrage and severity of the sexual misconduct that was occurring at the daycare center in the presence of children. This case was settled the week prior to trial on a confidential basis.

Corporate - Shareholder Dispute: Represented MM, a minority shareholder in a local advertising firm. The dispute was over the value of MM's shares and whether the company illegally issued new shares thereby diluting MM's interest without first offering those shares to the existing shareholders that included MM in violation of the parties' Buy-Sell agreement.  The lawsuit involved complex accounting principles requiring extensive use of financial (CPA) experts.  The parties reached a settlement agreement on all issues 2 days prior to trial.

Workers Compensation: Represented over-the-road trucker who was injured in a slip-and-fall accident on ice at a truck stop. Injured worker sustained a right ankle sprain, low back pain with radiculapathy and right foot drop. Employer’s directed care physician placed the injured worker at maximum medical improvement and issued low rating without taking into consideration factors set out in a functional capacity examination. We obtained a second opinion Independent Medical Exam that rated the impairment significantly higher. We obtained a favorable confidential settlement through mediation.

Workers Compensation: Represented former prison inmate injured from a fall while being thrown from a truck bed while at work for prison industries causing a clavular fracture. We obtained a favorable settlement through mediation based on the anticipated impairment plus costs associated with a potential future surgery. The settlement occurred prior to a rating being issued.

Workers Compensation: Represented a foundry worker who had a bilateral carpal tunnel syndrome. The injured worker also had a back issue that appeared to be attributed to over use over the course of several years but was unreported due to the employer’s conduct in deterring employees from reporting work injuries. During the course of the hand injury, we sent the injured worker for an evaluation of his back that was deemed by the independent medical examination to be work related. We obtained a confidential settlement on the hand injuries and subsequently obtained settlement for the back months later.

Workers Compensation: Represented truck driver who injured his neck and right shoulder causing him to develop chronic pain that aggravated his complex regional pain syndrome he had from a prior injury 2 decades previously. The treating doctor issued a rating of 8% body as a whole impairment. We are able to obtain a 48% body as a whole settlement to be paid out in a lump sum.

Workers Compensation: to both her lower and upper extremities. The treating physician issued a rating at 14% upper extremity (8% whole body) and 24% lower extremity (10% whole body) which under the AMA Guidelines equated to a 17%whole body rating. We achieved a lump sum settlement for 55% whole body impairment based on the injured workers restrictions.

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