Case Results

With over $750 million dollars recovered on behalf of our clients, our attorneys at Bostwick & Peterson, LLP. are prepared to assist you in recovering what you have lost. We have been ranked as one of the premier law firms in California and conveniently serve clients across California, including: San Francisco, Los Angeles, San Diego, & the Inland Empire.
  • $21,000,000
    Auto/Truck Accident Largest California non-punitive verdict for single individual, including interest and costs, Zivic v. Winterland 2001. Involved auto/truck accident with claimed brake failure defense. We recently tried an interesting case in San Francisco County Superior Court. We represented a 56-year-old woman who was injured when her car was struck from behind by a Mack truck at the Fourth Street off-ramp off Highway 280. She was waiting at a stop light when the truck hit the car behind her and then pushed her car into the car in front of her. The driver of the truck claimed that his brakes failed at the last minute. At the scene of the accident she did not seem to be seriously injured; nevertheless, she was taken to the hospital where they discovered she was bleeding into her brain. She was admitted to the hospital for an emergency craniotomy to evacuate a large subdural hematoma. She was in a coma for three days and woke to a partial paralysis. Several months later she had recovered her motor abilities, but had residual cognitive deficits including memory, concentration and the ability to perform multiple tasks simultaneously. She attempted to return to work eight months after the accident as an executive search recruiter, however she was unable to perform the demanding aspects of her job. The defense contended that she was obviously bright, articulate and therefore should be able to work. They also contended that the brake failure could not have been anticipated. We convinced the jury that she was not able to return to her previous employment and there was not a brake failure. The defendant offered $3,500,000 in settlement, which was rejected. The jury awarded $19,631,000. The judgment was entered for this amount plus past interest and costs for a total of $21,000,000. Our investigation indicates that this may be the largest net compensatory (non punitive) award of its type for an individual in California state history.
  • $11,000,000
    Neonatal Injury Settlement for Neonatal blindness injuries to premature triplets after failure to diagnose condition in a timely manner. This case involved neonatal blindness injuries to premature triplets from retinopathy of prematurity. One child was almost completely blind; one child was almost completely blind in one eye and had partial loss of vision in the other eye; and the third child had some functional diminution of vision, primarily in one eye. Retinopathy of prematurity (what used to be called rebrolentna fibroplasia can be treated if timely diagnosed. It is a common problem in premature infants. We contended that the hospital, neonatologist, and pediatricians failed to properly follow up and screen these children and failed to diagnose the condition in a timely manner. The defendants contended that the mother had been properly warned about the condition and failed to obtain an eye exam in a timely fashion after the triplets were discharged from the hospital. This confidential settlement is believed to be the largest of its type in the history of the state of occurrence.
  • $10,680,000
    Birth Injury This California birth injury settlement is a state record. The defendants failed to monitor this fetus during critical times before the birth and when they did resume monitoring the child was in distress. The baby suffered profound cerebral palsy and will require 24 hour care for the remainder of its life. The value of the confidential settlement is based on the cost of an annuity to fund the settlement amount plus the cash agreed upon.
  • $10,000,000
    Birth Injury Record settlement for an obstetrical case. Our birth injury specialist recently settled a case for $10,000,000 for birth injuries to a child now 3 years of age. The 17 year old mother had a normal pre-natal course, was admitted to the hospital for a trial of labor with normal fetal heart tones on the monitor strip. Rupture of membranes later revealed clear fluid and thereafter, a pattern of variable and late decelerations developed with retained variability. In the early morning hours, the late and variable decelerations continued with diminished variability. The baseline became tachycardic with diminished variability with persistent significant mixed late and variable decelerations with slow recovery. This continued for approximately four hours to the birth. The mother developed a fever or 38.5 after the epidural was given. The baby demonstrated a similar after birth with a pH of 6.98 with a base deficit of 15.4. The defendants contend that there was not sufficient loss of variability to justify intervention. They contended that the cord gas did not evidence significant metabolic acidosis and the child course after birth was more consistent with intrauterine infection, bacterial infection than interpartem hypoxia. Plaintiffs contended that there was clear evidence of non-reassuring fetal heart tones suggestive of metabolic acidosis which required earlier intervention. Plaintiffs contended that the baby’s presentation after birth was classic for interpartum asphyxia and met most of ACOG’s guidelines for hypoxic ischemic encephalopathy from interpartum events. The child is a spastic quadriplegic, tube fed with global delays, including severe cognitive deficits. Defense contented life-expectancy was limited. Plaintiffs contended life expectancy was near normal. This is believed to be a record settlement for an obstetrical case. This confidential settlement is considered to be a record settlement or verdict in the state where it was obtained.
  • $9,960,000
    Medical Malpractice This case against UCSF Medical Center was the largest medical malpractice settlement in California history at the time. Our wrongful death attorneys in San Francisco settled a case involving the death of an athletic 38-year-old executive, who stopped at a UCSF clinic at the airport complaining of chest "tightness," which was relieved by Advil. The EKG was normal; there were no cardiac risk factors. The doctor diagnosed chest muscle strain and allowed the decedent to fly on to Colorado and then Mexico where he died 7 days after the clinic visit. Unfortunately, his tissue was severely decomposed when it was returned to the United States. There was no evidence of infarction, but there was an 85% sclerotic lesion in the right coronary artery and congenital narrowing of the left coronary artery. We contended that the decedent died of cardiac ischemia. Defendants argued that the decedent appeared healthy and in no distress and therefore the clinic symptoms were not cardiac and his death was probably from some other cause. Our wrongful death attorneys believe that this was the largest pre-judgment medical malpractice settlement in California history as of 2002.

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