Window falls from Apartments.

An alarming number of children fall from windows each year. I learned this while representing Chris (false name, true case) beginning in 1999. Chris was an energetic little boy. Mom was in her bedroom upstairs, and Chris joined her on this scorchingly hot Oregon day. The windows were open, and the window screens were in place. Chris did something he'd never done before. Within seconds, he stepped onto the heater just 6 inches above the floor, boosted himself to a seat on the window ledge, then he immediately leaned back against the screen and fell to the concrete below.

Chris acquired a traumatic brain injury. The apartment owner and management company insisted that they had done nothing wrong.

I dug into all of the records of injuries from all of the apartments managed by this company. We found other instances where children had fallen. We took many depositions and prepared a videotape summary of what we would present at trial. This "mediation video" is a great technique for communicating directly with the insurance company, unfiltered by the defense lawyer.

Sure enough, the insurance company settled for $2.25 million, which, at the time, would have beaten the biggest verdict from the county where the injury happened.

One of the witnesses I'd contacted during my investigation was a mom whose daughter had also fallen from a window. Fortunately, her injury was much less severe. We represented mother and daughter and settled that case, too, for "six figures."

For more information on window falls, click here.

Pediatric Medical Malpractice.

It was supposed to have been a simple medical procedure. Seventeen year old John (false name; true case) went into the local Oregon hospital to get a cyst removed from his rear end. The doctors decided to anesthetize him. The anesthesiologist did not pay enough attention during this "routine" procedure. The result was inadequate oxygen to the brain. This caused John to acquire a hypoxic brain injury.

I hired an anesthesiologist to examine the records. He agreed that there was medical malpractice.

John's acquired brain injury was subtle. People who knew John knew that he now got frustrated often. Before, John had been easy going, but now angered easily and lashed out at people with minimal or no provocation. John went from being an average or above student to passing his final semester mainly through the kindness of his teachers.

I prepared a video outlining the evidence of damage, which mainly consisted of interviews of family and friends describing the difference in John's behavior.

I prepared a draft lawsuit, and sent it to the other side offering to try to settle even before filing the lawsuit. The hospital agreed to mediate, that is, attend a settlement conference with a judge. We settled the case for a good lifetime income with a multimillion-dollar "present value." The value of the case exceeded the largest known verdict for the county in which the injury arose.

Injury at Camp

Eight-year-old Andrew (false name, true case) was at camp. He needed to go to the bathroom after dark and started from his cabin to the toilet cabin. A tree branch hung low over the path, and it hit Andrew squarely on the eye. Andrew lost most of his eyesight in that eye, despite the best available medical care.

Our research showed that there are standards for path maintenance, which include keeping overhanging trees or other foliage at a certain height: much higher than the head of an eight year old. We sued the camp and settled for high, confidential amount and locked it away until Andrew was 18 years old.

It is important to protect children after the settlement, too. Even though Andrew's parents were professionals and married, a few years later, dad called thinking his son's money ought to be spent toward a new family home on the Clackamas River. Later still, I learned the parents divorced. Fortunately for the Andrew, we took care so that the money was there for Andrew when he became an adult.

Gymnastic injury

Jane (false name, true case) suffered a spiral fracture of the tibia during a gymnastic lesson. It appeared she would have long-term consequences. Jane's mom signed a waiver, or release, of her daughter's right to sue the school or instructor. Did she have any options?

Oregon law allows minors to disaffirm contracts that are not for necessary things. For example, if a 16 year old contracted to buy a motor bicycle, she could disaffirm the contract and not have to go through the purchase. On the other hand, if she needed medical treatment after falling off a bicycle, then she or her parents would be bound to pay for the medical treatment because the medical treatment is necessary.

A waiver or release of right to sue is merely a contract. Even though Jane's mom signed the waiver "contract," I asked the court to rule that Jane could disaffirm it. The court agreed with me. Once the court ruled, the school's insurance company was ready to settle.