Diane Barry was hit by a car while working as a flagger at a roadside construction site.

We have a record of securing large financial awards on behalf of our clients. These are just a few of our successes:

• Jane and John Doe v. Hospital XYZ (King County, Washington) A 53 year old father suffered from an abdominal aortic aneurysm and underwent surgery to repair it. After being incubated, ventilated and placed in CCU, the client was under 24 hour care to monitor his tracheotomy. As the patient improved, he was transferred from CCU to a step down floor. Because of the ongoing development of mucus, which required suctioning of his tracheotomy, it was important that the patient be monitored, assessed and suctioned, if necessary, every two (2) hours by the attending nurses or respiratory therapists. After the patient's transfer to the step down floor, he was not regularly monitored and suctioned. Over one stretch, during his first night, the patient was not assessed or monitored, at one point, for over five (5) hours. As a result, the client through a mucus plug, could not breath and went into respiratory arrest and heart failure, nearly dying. The patient was revived but suffered catastrophic brain damage. He now requires care 24-7 by his wife. Settlement $2,500,000.

• Bond v. Valley Medical Center (King County, Washington) Michael Bond, a 37 year old construction worker, went into the hospital complaining of an ailment. Incidental films showed a mass and a follow up CT scan was read incorrectly to show it was cancerous. The attending surgeon, who held himself out as both a thoracic and general surgeon, ordered the patient to undergo a mediastinoscopy to biopsy this alleged mass. During this biopsy of the mass, the surgeon was exploring an area no where near the site of the alleged mass and perforated the esophagus. The patient was sent home and returned within one hour complaining of horrific pain. The client was admitted and the classic signs and symptoms of an esophageal perforation were not diagnosed and treated for over three days whereupon the patient was taken to the University of Washington for emergency surgery to repair and reconstruct his esophagus. The patient now has troubles swallowing, often regurgitates and has difficulty sleeping at night. According to plaintiff's experts, the surgeon misread the films as this mass was a cyst and did not need to be biopsied and that the surgeon performed the mediastinoscopy the wrong way.
The case settled for $1,200,000.

• The Estate of Jane Doe v. Hospital: A retired patient went in for heart surgery and removal of an intra-aortic balloon pump from her femoral artery in her leg. After the IABP was removed, the client bled internally. The retroperitoneal bleed was not timely diagnoses post surgery and the patient bled to death. The Estate settled for $750,000.

•The Estate of Jane Doe v. Dr . Anesthesiologist: A patient with obvious facial and neck deformities went in for a routine D & C. Preoperatively, the anesthesiologist treated the intubation as a normal one despite the patients apparent deformities and dysmorphic features. The physician proceeded to put the patient to sleep with conventional intubation but was unable to find an airway. Because the patient was overly sedated, the doctor was unable to timely awaken the patient from the paralytic drugs, which were used to put the patient to sleep, after she was unable to intubate and establish an airway in a timely fashion. As a result, the patient suffered severe hypoxia and brain damage and died one week later. The matter settled for $750,000.

• Jane Doe v. John Doe and Budget Rental Car company: Snohomish County Superior Court No. 03-2-09292-2 . A 35 year old woman after a motor vehicle accident underwent multiple injections in to her cervical and lumbar spine, under went radiofrequency treatments to her spine along with a rhizotomy but still had limitations and discomfort after 4 years of treatment. Total Settlement $210,000.

• Jane Doe v. John Doe driver: King County Superior Court No. 02-2-26432-8 Seattle recovered $500,000 as a total settlement after her fibromyalgia was aggravated in a car accident of May 2000. She contended that as a result of the MVA, she suffered from spinal injuries to her neck and low back, radiculopathy, and a worsening of her pre-existing fibromyalgia. As an employee at Microsoft with a stellar record, she was forced to miss about one year of work off and on over 4 years. According to her rheumatologists, she could not return to such a high stress job as the extra hours and demands of being bent over a computer for most of the day made her injuries worse and caused her to lose sleep due to discomfort. The combination of the job aggravating her injuries from the MVA and resulting loss of sleep caused her fibromyalgia to worsen so that the treating doctors told her to find a 30-40 hour a week job rather than a 50-60 one as at MSFT for her health. Given that she was a large wage earner, the insurer agreed to pay it’s half million dollar policy limit to settle the case. 2004 settlement for $500,000.

• Judy Doe v. a pay day loan John Doe Company: Snohomish County Superior Court. 40 year old woman, who had worked for this national company for 5 years finally had enough harassment from a number of men in an old boys network of locations within a company. As one of the highest ranking women in this company, once she said enough, she was told to take a vacation, her email was cut off, and she was told not to call anyone in this company. Plaintiff considered this retaliation and a constructive discharge. Settlement for $175,000 in 2004. Employment Discrimination and wrongful discharge.

• Jane Doe v. Health Care Center (Superior Court - confidentiality settlement). Patient suffered from horrific headaches, "worst headache ever", nausea, vomiting, blurred and double vision and was told she had the flu. Over several weeks no imaging studies were ordered of the patient's brain to rule out an intracranial bleed or subarachnoid hemorrhage. Because of the failure of multiple healthcare providers to consider a subarachnoid hemorrhage and to rule one out by ordering a CT or MRI scan of the brain, the patient's aneurysm ruptured causing a massive hemorrhage and permanent brain damage. Total settlement $2,500,000+

• John Doe v. Hospital and Doctor, (Superior Court - Confidentiality Settlement) Baby suffered from hypoxia and traumatic brain injury during birth caused by negligence of treating doctor and hospital nursing staff.  Baby was born cortically blind and with cerebral palsy and other multiple birth defects. Plaintiffs contended this was caused by medical negligence during birthing. Total settlement $2,825,000.

• John and Jane Doe v. HMO facility: The health care provider failed to diagnosis an intracranial aneurysm which ruptured and caused permanent brain damage to a 54 year old mother, grandmother and house wife. She will never work again and need care 24/7. Case settled one month before trial for $2,500,000+.

• Dalgado v. Cosmos Shipping Lines (Federal Court of Canada Court No. T-1601-98) (Vancouver, Canada)  An unsecured gangway nearly drowned a merchant marine. He was awarded $2,300,000 for lost wages, medical bills, and compensation for his head injuries. The client suffered a traumatic brain injury.

• Construction Roofer Injured, He Recovered $968,000 - John Doe v. ABR, (King County Superior Court Cause No. 99-2-03965-3 SEA) in which a roofer recovered $965,000 in a pretrial settlement agreement after he fell off a roof due to the negligence of a roofing supplier in securing bundles of shingles onto the top of a roof, all of which broke loose, striking the client and catapulting him to the ground below. Mr. Doe underwent spinal fusion of L5-S1; a two level cervical fusion; and a partial meniscectomy in his knee.  You can click here for more details on this case.

• Gutierrez v. Marumanji, et. al. (Lewis Co. Superior Court Cause No. 95-2-00497-9)  During a labor and delivery of the baby Armondo, the attending hospital and doctor failed to recognize that the baby was in fetal distress and deliver the baby sooner. To compound the neurological damage to the baby during the labor and delivery, the baby was severely burned when a hospital nurse improperly used a heating pad. Five years later, the child remains deeply scarred on his back. His family was awarded a total of $925,000 for medical negligence and a defective product e.g. the heating pad.

•Pierce v. Reliance: A commercial truck driver suffered a brain injury and underwent spinal surgery with placement of steel rods in his back. Mr. Pierce was awarded $750,000 in settlement prior to an Uninsured Motorist Arbitration.

• Jane Doe v. Scheister Truck Co: Jane Doe was rear ended by a truck and trailer and suffered a mild traumatic brain injury without any objective findings. The matter settled for $325,000.

• John Doe v. Trans-America Insurance, Commercial Dump Truck Driver recovers $650,000 on his Uninsured Motorist Claim against his employer's insurance company. John Doe suffered a hip injury and permanent nerve damage to his foot.

• Barry v. Shane, et. al. (King Co. Superior Court Cause No. 97-2-00825-5)  A construction flagger struck by a motorist was awarded$620,000 by a jury. Our client was compensated for her disability, many hip surgeries, pain and suffering and the risk of a future hip replacement.

• John Doe v. State of Washington, (King County Superior Court) Plaintiff recovered $600,000 from State of Washington after he was hit by a Department of Transportation (DOT) vehicle while standing on the sidewalk. Plaintiff underwent a shoulder arthroscopy and is living with the prospect of two hip replacements, in addition to the loss of his construction career.

• Early v. Hess, et. al. (King Co. Superior Court Cause No. 97-2-31551-4)  Motor vehicle crash - Plaintiff recovered compensation in a settlement for $425,000 for a knee surgery and permanent injury, along with compensation for the risk of a future knee replacement.

• Jeffries v. State of Washington, et. al. (King Co. Superior Court Cause No. 99-2-04898-9)  Sexual harassment - Plaintiff recovered compensation, as well as a raise and promotion from the state of Washington by reason of its failure to stop a coworker's sexual harassment in the workplace.

• Wallace v. Sajner, et al, (Case No. : CV 98-11789)  A pedestrian hitchhiker from Phoenix, Arizona was struck by a vehicle going through an intersection as he was crossing the roadway to pick up some metal debris in the road. We obtained a settlement and a recovery for Mr. Wallace, short of trial, for $410,000. Given the fact that there was evidence that our client stepped out in front of a car, this recovery was an excellent result.

• Staub v. CIG Corporation, (King County Superior Court Cause No. 97-2-10022-4)  The injured worker fell in excess of ten feet to a concrete floor below because he was not given fall protection. The worker suffered a traumatic brain injury. Because we pursued a third party claim for the worker, we RECOVERED an additional settlement for him, in addition to L&I/worker's compensation benefits, in an amount of $335,000.

• John Doe v. John & Jane Doe, M.D., Mr. John Doe recovered compensation for a below the knee amputation. BKA This was caused due to the failure of the health care provider to properly care for and treat a diabetic foot ulcer, a condition on the heal of his foot, which led to total contact casting. The health care provider negligently asked the patient to return in 2 weeks rather than 3-5 days to check the cast and the foot. The delay caused a loss of blood flow and circulation to his foot. Gangrene set in and this led to the amputation. Suit was filed and a confidential settlement was reached short of trial.

• Jon Doe v. John Doe Entity , A young adolescent was injured in a playful accident and presented to the emergency department at a hospital. A physicians assistant examined the young teen and ordered a series of x-rays of his foot. The x-rays were read as negative but, in fact, showed a fracture. The boy was sent home and allowed to walk on his foot for 1-2 months until he returned in continued pain. An orthopedist at the same facility read the film and diagnosed a fracture. In the interim, post traumatic arthritis set in which eventually led to a 4 joint fusion in the foot. A confidential settlement was reached for $450,000 short of trial.

• Jane Doe v. John Doe Entity, Mrs. Doe complained of a growth on her left breast which was read as benign. No biopsy was taken or suggested. Over the next year or two it continued to grow but the patient was reassured it was nothing to worry about. Eventually the patient went and sought out a second opinion. The health care provider ordered a biopsy which was malignant. This diagnosis led to a mastectomy and stem cell transplant. All medical bills were assumed by the negligent provider. Just on the eve of trial, this action settled for a confidential amount in excess of $450,000. The prognosis for the client is excellent.

• Mr. & Mrs. Jane Doe v. Drs. Doe, Mrs. Doe was 37 weeks pregnant. While hospitalized, it was noted that her baby was in acute fetal distress. The FHR tracings were not reassuring but worrisome. A decision was made by a covering OB-GYN not to deliver a partner's full term baby. The mom was sent home. Several days later, mom spontaneously ruptured and delivered a still born. Suit was filed in which it was alleged that the health care providers were negligent in failing to deliver a full term baby and instead taking the mom off of FH monitoring and sending her home. A confidential settlement was reached because of the failure to induce labor in a full term baby which was in acute fetal distress as noted in the fetal heart monitoring strips.


• Witter v. Fireman's Fund : $300,000 recovery in UIM arbitration, June, 2002 Plaintiff recovered $300,000 in an uninsured motorist arbitration against his employer's insurance company. No money was offered and claimant was forced to litigate this matter all the way through UIM arbitration. Mr. Witter suffered from a fractured wrist and faced multiple wrist surgeries in the future caused from progressive post-traumatic arthritis.

• John Doe v. Hospital and Doctor (Superior Court - confidentiality settlement). Retired gentleman suffered from diabetes and peripheral neuropathy. The patient had multiple ulcers and skin evulsions on his foot. The treating podiatrist recommended contact casting. Without scheduling a follow up appointment, days after casting, to make sure the patient was fine, the follow up visit was not scheduled for over two weeks. As a result, patient developed gangrene and which resulted in a below the knee amputation. Case settled for a confidential amount.

• Jane Doe and Baby v. Multiple Doctors  (Superior Court - confidentiality settlement). Baby was born still born after mom was discharged from the hospital and taken off the fetal monitoring for ominous fetal heart strip readings. Doctors felt baby had stabilized and there was no need for further monitoring. Within days, mom returned and delivered a stillborn baby. Plaintiff contended this was caused by medical negligence in that mom and baby should have been discharged from the hospital, should not have been taken off fetal monitoring and induction should have begun before mom left hospital due to ominous fetal heart strip readings. Case settled for confidential amount.

• $700,000 Eye Injury at school to boy in gym class.
A 16 year old boy lost his right eye after another two students were kicking around a tape ball and their activities were not supervised or stopped by two gym instructors in the immediate area.

The tape ball struck the boy in the eye as he sat down tying his shoe. The case settled at mediation.

• $350,000 Multilevel cervical fusion settled at mediation 

A mother was shopping with her daughter, son in law and granddaughter. She reached won to select a spice bottle from a grocery shelf and the shelf system collapsed on her head and neck causing neck and upper back injuries.

The client suffered cervical injuries and underwent a double level cervical fusion with hardware and bone graft from her hip.

The supplier, grocery store and manufacturer of the spice product each contributed to the settlement.

• $1,200,000 Medical Malpractice-Esophageal perforation during biopsy.

A young man presented to the emergency department at Valley Medical Center in Renton, Washington for a biopsy of a mass in his mediastinum.

The mass was biopsied but the surgeon mistakenly lacerated the esophagus and this condition remained undiagnosed for several days.  After the biopsy, the patient left the hospital in pain and returned several hours later in with horrific low back pain and crepitus in his neck.

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