Wrongful Death Case Results

We are California's premier personal injury law firm. Our San Francisco personal injury attorneys have recovered hundreds of millions of dollars for injured plaintiffs throughout California and Nevada, in individual claims as well as class actions and mass tort litigation.

You can view a sampling of some wrongful death cases we have handled or contact us now for a FREE CONSULTATION to discuss your personal injury or wrongful death case.

FULL LIST OF WRONGFUL DEATH CASE RESULTS

Uterine Rupture - Confidential Settlement

The Walkup law firm medical malpractice/obstetrical injury lawyers resolved this birth injury case, in a confidential amount, on behalf of the parents of a two-day-old infant who died after his mother's uterus ruptured during labor. The mother was admitted to the hospital with contractions but was sent home several hours later because the nurses felt she was not progressing. Once home, she began to experience severe abdominal pain. By the time doctors realized that the infant was outside the uterus in the abdominal cavity, an emergency cesarean section was unsuccessful in delivering the baby before it suffered severe compromise. The child died two days later. Our attorneys demonstrated that the mother should never have been sent home from the hospital, and that had she been monitored properly, her impending uterine rupture would have been recognized, and a timely cesarean section would have been performed. The claim of our clients sought damages for the wrongful death of their daughter as well as the mother's personal injuries.

Birth Trauma - $4.1 Million Arbitration Award

Our team of attorneys obtained a binding arbitration award against the Kaiser Foundation Health Plan following negligent delivery at the Kaiser Hospital in Redwood City, California. Our attorneys proved that the child endured a severe hypoxic injury when his mother's uterus ruptured during labor because the attending midwife negligently managed the mother's delivery and failed to reduce or stop the administration of Pitocin, a labor-enhancing drug. Our team also demonstrated that the nurses left the mother unattended before the uterine rupture, which resulted in their failure to timely note the ominous signs of fetal distress.

Skull Fracture During Delivery - Confidential Settlement

Our medical negligence wrongful death lawyers negotiated a confidential settlement on behalf of the parents of an infant who died from skull fractures he sustained during delivery. Our deposition exam of the defendant obstetrician revealed that he recognized that the infant's ability to pass through the birth canal was compromised. Rather than proceeding to a cesarean section, the physician employed metal forceps to engage the infant's head to advance the delivery. Imaging studies showed massive cranial fractures, and the infant died shortly after birth. The father had witnessed the horrific delivery, and a portion of the settlement was attributed to his claim for emotional distress.

Unsafe Scaffold - $2 Million Settlement

Our construction litigation team obtained a cash and annuity settlement with a value in excess of $2,000,000 on behalf of the survivors of a sheet metal worker who fell four stories to his death through a defective scaffold railing at a construction site near San Francisco, California. The decedent was working as an independent contractor on a re-roofing project at a large private residence. Our attorneys demonstrated that the building, which had been entirely scaffolded by a subcontractor, was in an unsafe condition. Using experts in construction site management, scaffold erection and forensic economics, our wrongful death attorneys proved that the scaffold and its cross arms had not been properly secured and that it was this error that resulted in the decedent's death.

Wrongful Death of Child - $2.25 Million Settlement

Walkup wrongful death trial lawyers represented the parents of a 14-year-old eighth grader who drowned in an East Bay public pool when three lifeguards on duty failed to see him submerged in six feet of water. The swim center, operated by the local park district, was supposed to have provided competent lifeguards.

The drowning occurred during a junior high school year-end picnic. At the time, dozens of eighth graders were in the pool. In spite of accepted industry standards obligating life guards to scan their assigned pool zone every 30 seconds or less, none of the three lifeguards ever saw the youngster directly in front of them.

At deposition, none of the lifeguards were able to explain how the drowning occurred or why they did not see the boy sooner. A junior high school student, not a lifeguard, was the first person to notice that our clients' son was under water.

Dangerous Tree Fall - $2.7 Million Settlement

Our wrongful death attorneys obtained a $2,700,000 settlement on behalf of the husband and two adult children of a 54-year-old woman who was killed when a Monterey pine tree fell on her car as she drove in San Francisco. Our wrongful death specialists were able to prove that the owner of the adjacent property, from which the tree fell, had conducted inspections in the past and knew that such an incident was potentially likely to occur. The professional management company responsible for maintaining the trees claimed that the tree tragedy was a "freak accident." Our wrongful death lawyers were able to find a former manager of the apartment complex from where the tree fell who testified that she had requested funds on more than one occasion to have the dangerous trees removed.

Failure to Provide and Maintain Smoke Alarms - $2 Million Settlement

Our wrongful death premises liability specialists obtained a settlement in the amount of $2,000,000 against a property manager and building owner who were responsible for the maintenance of an apartment's smoke alarms. Our client's wife was killed in a fire at the rented apartment when a fire broke out. No smoke alarm sounded. Fire investigators determined that there were no batteries in any of the smoke alarms of an unburned "mirror-image" unit upstairs. Our attorneys claimed that the failure to check the batteries and make sure that all smoke detectors were operative was negligent. Because the smoke alarms were not functioning, the decedent was not awakened until the fire had consumed most of the apartment and the only exit door had been sealed by melted plastic from a wall-mounted doorbell chime.

Residential Fire - $1.5 Million Settlement

Our premises liability team represented the mother and father of a 23-year-old college student who needlessly and tragically died when the rented apartment in which he slept, owned by a Bay Area landlord, burned because the landlord negligently left a sofa over a floor furnace and failed to equip the home with functioning smoke detectors. Our attorneys proved that the landlord, who owned more than 60 properties, had failed to make required and proper inspections and to make certain that smoke detectors were in working order. After the fire, our attorneys, through investigators, demonstrated that not a single operational smoke detector was present on the second floor of the dwelling unit where our clients' son perished. The settlement, in the amount of $1,500,000, was paid by the insurance company for the property owner.

Falling Store Display - Confidential Amount

Our wrongful death specialists obtained a settlement in a confidential amount, including both cash and future annuity payments, on behalf of the parents of a 3-year-old child killed when a display fell on her at the defendant's store. The child was present at the home center store with her grandmother when the accident occurred. The store owner claimed that the accident was caused by the grandmother for failing to supervise the child. The display, which fell, incorporated a door jamb and was advertising the availability of replacement home doors. Our attorneys proved that the child's actions had not in any way increased or caused the problem but that the display made it likely it would fall on any adult patron who brushed against it.

Fatal Failure to Diagnose Pulmonary Embolus - Confidential Settlement

Walkup attorneys obtained a confidential settlement on behalf of the siblings of a 49-year-old man who died as a result of undiagnosed and untreated pulmonary embolism at Kaiser South San Francisco. The man had previously suffered a pulmonary embolism and informed Kaiser of the history of pulmonary embolism when he reported to the emergency department at Kaiser South San Francisco. In addition, he presented with a heart rate of 120 and elevated pulse rate, shortness of breath and chest pain. Kaiser diagnosed asthmatic bronchitis despite the fact that the man had no history of asthma. He was given albuterol and no testing for pulmonary embolism was done. Walkup attorneys successfully argued that the man's history of acute pulmonary embolism in conjunction with the man's symptoms necessitated a differential diagnosis of pulmonary embolism

Failure to Diagnose Breast Cancer - Confidential Settlement

Walkup attorneys negotiated an undisclosed settlement after Kaiser failed to timely diagnose and treat breast cancer in a 56-year-old woman. By the time the breast cancer was discovered, it was in Stage III, and the woman's prospects for survival were grim.

The woman presented to Kaiser Oakland with breast lumps and was diagnosed with Stage I breast cancer in two different locations in her left breast. She underwent treatment for one area of lumps; however, she was discharged without any follow-up to the lumps in the other area of her breast. She saw several Kaiser physicians over the next two years, and although the lumps were recorded in her medical chart, no Kaiser physician ever followed up with her about them. Over this period of time, the breast cancer developed from a highly treatable Stage I to Stage III from where it eventually metastasized to her brain. In addition to the failing to follow-up on the previous findings of lumps, Kaiser also negligently misread a mammogram as negative during this two-year period.

Failure to Diagnose Infection

Walkup attorneys prosecuted arbitration on behalf of the surviving children of a 34-year-old male who went to the emergency room at Kaiser Oakland complaining of flu-like symptoms, fever, pain and weakness so pervasive that he had difficulty walking from his car to the urgent care center at the Kaiser facility. On arrival, a nurse, rather than a doctor, evaluated the patient. The nurse incorrectly determined that he was not in need of medical care and discharged him home without treatment. The next day the patient returned to the emergency room again, now with worsening pain and weakness and a new symptom: unusual spotting on his fingers. He was again sent home with orders to report to the clinic that afternoon. When he returned as ordered, the doctor who saw him gave no significance to the odd spots and attributed all of the patient's complaints to a viral illness. The member was discovered dead two days later. An autopsy demonstrated that he had been suffering from overwhelming sepsis, which should have been treated sooner with immediate medical attention and IV antibiotics. Walkup attorneys retained specialists in emergency room medicine, nursing, infectious disease and economics to demonstrate that the Kaiser personnel who saw the decedent had breached the standard of care and caused economic loss to the survived children, aged 9 and 8.

Failure to Diagnose Bladder Cancer - $1.3 Million Settlement

Walkup's Kaiser Malpractice attorneys negotiated a settlement in excess of $1,300,000 on behalf of a widow and two surviving children of a man who, over a period of more than two years, was repeatedly misdiagnosed with urinary tract infections instead of cancer.

The man reported to his primary care Kaiser physician complaining of frequent, painful and bloody urination. Although his symptoms suggested the possibility of bladder cancer, his Kaiser physician was convinced the problem was related to aging and an enlarged prostate. Kaiser sent the man home with medications to help with the patient's symptoms. Over the next two years, he repeatedly returned to Kaiser with no improvement in his bladder condition. Kaiser was given repeated opportunities to diagnose and begin treating the man's bladder cancer, which was developing at a rapid rate. By the time doctors finally diagnosed the man's bladder cancer, it was in Stage IV and had already metastasized to his other organs. The settlement was reached prior to mediation and consisted of both an annuity and lump sum cash payment.

Failure to Monitor Following Brain Surgery- $575,000 Settlement

Attorneys at Walkup, Melodia, Kelly & Schoenberger obtained a settlement in the amount of $575,000 on behalf of the heirs of a 62-year-old Kaiser member who died due to a failure by Kaiser Redwood City nurses to adequately monitor his neurological status following brain surgery.

The member underwent a resection of the third ventricle to remove a tumor. He came through the procedure in stable condition but developed increased intracranial pressure during the night following surgery. Nurses failed to adequately monitor his neurological status as required by existing protocols, and the swelling of his brain was not reported to the member's neurosurgeon until the following morning. That physician attempted to reduce the pressure caused by the swelling by performing an emergency shunt procedure, but it was too late, as the increased intracranial pressure had caused irreversible global brain damage. The member was comatose until his death three days later.

Failure to Diagnose Deadly Cervical Cancer - Confidential Settlement

Our medical malpractice lawyers successfully concluded a case on behalf of the two surviving daughters of a 35-year-old woman who died of cervical cancer. Our attorneys proved that both the women's primary care physician and a laboratory, which failed to follow up properly on biopsy slides, were responsible for the failure to diagnose and treat cervical cancer in its early stages. Through the testimony of experts in pathology, our attorneys demonstrated that pap smears were under-reported. Experts in cytology testified that the laboratory should have brought these abnormalities to the attention of the primary care physician. The confidential settlement included an initial cash payment and future installment payments to cover the surviving children's educational and other maintenance expenses through age 23.

Helicopter Crash - $3.1 Million Settlement

Our aviation litigation team negotiated a settlement in the amount of $3,131,000 on behalf of the heirs of a 41-year-old helicopter ski guide who was killed when the helicopter, in which he and three clients were riding, crashed in the Ruby Mountains near Elko, Nevada. Our aviation wrongful death attorneys were able to prove that the crash was caused by a flameout in the helicopter's jet engine as a result of defective design of its air inlets. Our wrongful death team also proved that the company that chartered the helicopter was negligent in its maintenance procedures and its failure to install proper engine inlet covers whenever the helicopter was grounded in snowy conditions. Our clients were the surviving wife and 2-year-old son of the deceased.

Private Plane Crash - $3 Million Settlement

Our aviation litigators obtained a $3,000,000 settlement on behalf of the widow and two surviving children of a 45-year-old missionary who died in a plane crash in Mexico. While traveling on a missionary relief effort, the cam shaft gear broke in the plane that the decedent was piloting. The Walkup wrongful death litigators successfully brought a wrongful death claim against the manufacturers of the engine, demonstrating that the engine contained both design and manufacturing flaws.

Commercial Air Crash - $2 Million Settlement

Our airline wrongful death litigation team obtained a settlement in excess of $2,000,000 on behalf of the grandparents of a 7-year-old child who died on Alaska Airlines Flight #261 when the plane crashed en route from Puerto Vallarta, Mexico to San Francisco. Our wrongful death lawyers, working in conjunction with attorneys for other plaintiffs in the case, proved that Alaska Airlines did not take all necessary measures to perform required maintenance, overlooked signs of potential problems and thereby assumed responsibility for the deaths.

Auto vs. Truck Collision - $1,265,000 Settlement

Our automobile accident attorneys obtained a settlement on behalf of the mother, wife and children of a 38-year-old Daly City man killed when the car he was riding in was struck by the defendant's truck. The car was being driven by a friend, who lost control and rolled his vehicle, ending up in the middle of the number one and two lanes of southbound I-5. During the rollover, a dust ball was kicked into the air, obscuring the vision of oncoming drivers. All oncoming traffic except for the defendant truck driver slowed. The defendant's truck barreled into the car at more than 40 miles an hour. Experts retained by our auto liability lawyers testified that the truck driver's reactions were too slow, and his vehicle speed too fast, for prevailing conditions. The defense contended that the truck driver was faced with an emergency and that his efforts to avoid the collision were as good, or better, than anyone might expect. The case was settled at mediation just prior to trial.

Debris on Highway - $1.9 Million Settlement

Our wrongful death auto accident team recovered on behalf of the husband and three adult children of a wife and mother who was killed while driving home from her nursing job at a local hospital. This head-on collision occurred on a curvy, undivided, two-lane section of Highway 116 between Petaluma and the town of Sonoma. Both drivers' were killed as a result of the collision.

Defendants blamed the accident entirely on the negligent driving of the vehicle that crossed the centerline and struck the decedent. However, the post accident CHP investigation identified multiple plastic containers littering the roadway in the vicinity of the accident scene, which had spilled kerosene across the roadway. Through pre-trial discovery, we established strong circumstantial evidence that the containers belonged to the defendant disposal company, who vigorously denied ownership or control.

Discovery also revealed that several years prior to this collision Caltrans had studied this roadway and recommended several changes to decrease the likelihood of such head-on collisions. As of the date this accident, Caltrans had not put into place any of its own recommendations.

Bus Accident - $1,139,700

Our bus accident team successfully recovered wrongful death damages on behalf of seven adult children of a 60-year-old woman who was killed when the bus she was taking from Arizona to Mexico experienced brake failure as it descended a freeway off ramp in Phoenix. The high speed crash killed the driver and severely injured several other passengers. The bus company had a principal place of business in Los Angeles, and the lawsuit was successfully filed and kept in Los Angeles Superior Court. Shortly after the lawsuit was filed, the defendant company declared bankruptcy. Plaintiffs obtained a relief from the bankruptcy stay by stipulating that the amount of any recovery would be limited to the amount of the insurance policy limits of five million dollars. As the case progressed through discovery, the bankruptcy attorney for the trustee filed an interpleader claiming that the insurance proceeds were assets of the estate. Our attorneys immediately recognized that the interpleader, if unopposed, would significantly diminish the policy limits because bankruptcy laws gave the trustee and the bankruptcy attorney's priority of payment over the injury claimants and filed an opposition to the interpleader complaint. The settlement was negotiated while a ruling on the opposition was pending.

Vehicle Collision - $3 Million Settlement

Our automobile accident wrongful death attorneys obtained a settlement comprised of both cash and future annuity payments, having a present cash value of over $3,000,0000, on behalf of the survivors of a 42-year-old man who was fatally injured when his truck struck a guardrail at a rural bridge crossing. On the morning of his death, the decedent's pickup truck drifted across the center lane of a two-lane road. After correcting back into his own lane, he struck and slid along a metal guardrail, which led to a bridge abutment. As he approached the bridge, there was a gap between the guardrail and the bridge rail. At the point of the gap, the front of the truck struck the abutment, which impaled the vehicle and its driver. Our wrongful death team demonstrated that the guardrail and bridge were not built in accordance with the original plans or specifications. The recovery included the future value of the decedent's wages, benefits and household services as well as a sum to compensate his heirs for the loss of his care, comfort and society.

SUV Rollover - $2.9 Million Settlement

Our vehicle stability team negotiated a settlement against the makers of the Chevrolet Blazer for the surviving husband of a woman who was killed when her Blazer overturned in a single-car Northern California accident. Our client's wife was driving to work when she inadvertently left the road surface, and in the process of correcting back onto the roadway, she overcorrected and her vehicle overturned. During the three rolls that followed, the roof collapsed, and she sustained fatal head injuries. Our attorneys demonstrated that the vehicle, as designed, was not sufficiently stable to protect drivers who found themselves in foreseeable and expected emergency driving maneuvers. The settlement was paid both in cash and in annuities. Under the terms of the court-approved annuities, the woman's surviving son will be provided periodic payments to cover the cost of high school and college and to provide security to him as a young adult.

Cross-Median Accident - $2.75 Million Settlement

Our automobile accident attorneys obtained a settlement on behalf of the surviving wife and children of a 39-year-old San Francisco businessman who died when his car was struck head on by another vehicle that had catapulted over the center divider of northbound Highway 101. The accident occurred when a Jeep, traveling in the opposite direction, lost control and climbed up and over the median, striking our client's husband. The settlement was contributed to both the offending driver and the State of California. Our lawyers proved that the other driver was negligent, and that the median divider, as designed and built, was in violation of State of California design requirements.

Big Rig Head-On - $2 Million Settlement

Our truck accident team negotiated a settlement on behalf of the surviving wife and two children of a 42-year-old man who died when his automobile was struck head on by a semi-truck on State Route 65 outside of Lincoln, California. Our clients sought recovery for future and lost earnings as well as for the loss of love, comfort and society of their husband and father. As part of the settlement, our attorneys also worked with the workers' compensation carrier for the decedent. The case was settled after being filed in Sacramento County Superior Court.

Public Transportation Negligence - $2 Million Settlement

Walkup attorneys negotiated a combination cash and annuity settlement on behalf of a 16-year-old girl who was struck by a San Francisco Municipal Railway LRV. At the time she was struck, she was crossing the street with a green light. The settlement was paid on behalf of the municipality. Although the defense attempted to prove that the child should have heard the approaching vehicle, our attorneys demonstrated that the child had done nothing wrong and that the injury was entirely the fault of the Municipal Railway driver.

Highway Patrol Chase - Jury Verdict

Our wrongful death police liability specialists obtained a jury verdict in Santa Clara Superior Court against the California Highway Patrol for the death of a husband and father, which resulted from a high-speed chase that covered more than 50 miles. Our attorneys brought suit against the Highway Patrol after they chased a suspect from Contra Costa, across the Golden Gate Bridge, down Highway 280, to San Jose, where he collided with a car containing the decedent, who was on his way home from work. Our attorneys demonstrated that the CHP officers violated internal policy and procedure manuals and exposed the public to great danger by instigating a high-speed chase when the "suspect" was wanted for nothing more than a traffic violation. (As a result of this verdict, the legislature changed state law to immunize police departments from chase liability.)

Police Shooting - Settlement

Our wrongful death attorneys obtained a settlement on behalf of the surviving parents of a 20-year-old woman who was killed by police gunfire while she sat in the back seat of her car. Police had stopped the vehicle in order to speak with her boyfriend who was seated alongside her. The police claimed that the vehicle was moving, in an attempt to escape, when shots were fired. Our wrongful death team proved, through the use of expert witnesses, that the vehicle was not moving and that the police violated their internal shooting manuals as well as standard police training, in discharging their weapons at the unarmed vehicle occupants.

Police Misconduct - $1.5 Million Settlement

Our wrongful death specialists negotiated a settlement in the amount of $1,500,000 against a local police department for the wrongful death of a bank executive who was mistakenly arrested for being drunk in public. In fact, the decedent had fallen and suffered from a subdural hematoma. Under the police department's then-existing policy, "suspected drunks" were placed in holding cells until they sobered up. After the deceased could not be roused after five hours in a district station, medical personnel were summoned, but it was too late to prevent his death from global brain damage.

Mismatched Car and Trailer - $5.25 Million Settlement

Our product liability lawyers negotiated a cash and annuity settlement having a present value of $5,250,000 on behalf of the surviving widow and two minor children of a 42-year-old fire captain who was killed when his SUV rolled over on Highway 50 while pulling an "ultralight" travel trailer. Plaintiffs claimed that the defendant's motor home retailer inappropriately sold the family a trailer that was too large to be safely pulled by their small SUV. Plaintiffs also claimed that the retailer failed to advise them that if the travel trailer were loaded to its maximum capacity (as specified by the trailer manufacturer) the trailer would weigh 1,400 pounds more than the maximum weight recommended by the SUV manufacturer. While traveling on Highway 50, passing a semi-truck, the trailer was hit by a gust of wind causing it to fishtail, go out of control and roll over, pulling the towing SUV with it. Defendants claimed that had the decedent read the owner's manual for his vehicle and the trailer he would have observed warnings in both manuals regarding overloading, and, by weighing the vehicles, he could have avoided the situation which led to his death. The settlement was reached after three mediations.

Propane Explosion - $52 Million Jury Verdict

On January 20, 1996, at approximately 6:30 a.m., an explosion and fire occurred at the temporary residence of a Nevada family. In the explosion, the family's daughter, aged 4, was killed. Her parents and her 5-year-old brother were badly burned. Walkup's fire and explosion wrongful death litigators proved the fire and explosion were the result of a liquid petroleum gas leak when the father attempted to light a furnace, which had gone out during the night. The subsequent fireball entrapped all four victims and completely destroyed the 8 x 30 foot travel trailer the family was using as a residence. After three difficult years of litigation, the case proceeded to trial where the jury returned a unanimous verdict.

Defective Car Seat Belt - $5,769,000 Jury Verdict

Our wrongful death trial lawyers obtained a jury verdict against Honda Motor Corporation on behalf of the surviving wife and two children of a 43-year-old man who was killed when his seat belt failed to properly restrain him in a low-speed accident. The collision, which produced only minor damage to his vehicle, nonetheless resulted in fatal injuries when his seat belt fractured his ribs, punctured a lung and lacerated his spleen. The other driver in the accident was not hurt. Using experts in the field of car engineering and design, forensic economists, and medical experts, our wrongful death trial lawyers showed that the design of the car was faulty and caused the wrongful death. The verdict followed a three-week trial, and at the time, was one of the largest in California for an automobile seat belt defect. The recovery included compensation to the heirs for the loss of the love, care and society of the decedent as well as a sum to compensate them for his lost future earnings.

Private Plane Crash - $3 Million Settlement

Defective Hot Tub - $2.5 Million Settlement

Our attorneys negotiated a settlement on behalf of the parents of a 4-year-old girl who was burned over 80 percent of her body while bathing in the family hot tub. Our attorneys demonstrated that the manufacturer of the hot tub had installed a defective thermostat, permitting the water to become unreasonably hot. The child survived for 61 days following the incident. The settlement was paid by the manufacturer of the hot tub.

Defective Heart Stent - Confidential Settlement

Our attorneys represented the surviving wife and children of a man who died after undergoing heart catheterization using a recently invented stent. The stent caused a massive blood clot, which resulted in a fatal myocardial infarction. Our medical device team was able to find experts in the field who showed that the manufacturer's pre-market investigation and testing were inadequate and that the instructions given to operating surgeons regarding the use of blood-thinning medications in association with the device were not strong enough to adequately educate prescribing physicians.

Helicopter Crash - $3,100,000 Wrongful Death Settlement

Our California aviation litigation team negotiated a settlement in the amount of $3,131,000 on behalf of the heirs of a 41-year-old helicopter ski guide who was killed when the helicopter in which he and three clients were riding crashed in the Ruby Mountains near Elko, Nevada. Our aviation wrongful death attorneys were able to prove that the crash was caused by a flameout in the helicopter's jet engine as a result of defective design of its air inlets. Our wrongful death team also proved that the company that chartered the helicopter was negligent in its maintenance procedures and its failure to install proper engine inlet covers whenever the helicopter was grounded in snowy conditions. Our clients were the surviving wife and 2-year-old son of the deceased.

Private Plane Crash - $3,000,000 Wrongful Death Settlement

Commercial Air Crash - $2,000,000 Wrongful Death Settlement

Our airline wrongful death litigation team obtained a settlement in excess of $2,000,000 on behalf of the grandparents of a 7-year-old child who died on Alaska Airlines Flight #261 when the plane crashed en route from Puerto Vallarta, Mexico to San Francisco. Our wrongful death lawyers, working in conjunction with attorneys for other plaintiffs in the case, proved that Alaska Airlines did not take all necessary measures to perform required maintenance, overlooked signs of potential problems, and thereby assumed responsibility for the deaths.

Air Ambulance Crash - Seven-Figure Confidential Settlement

Our aviation team of wrongful death lawyers concluded a Federal Court wrongful death case on behalf of the survivors of a 40-year-old mother and her 1-year-old daughter who died 45 minutes after boarding a Cessna King Air ambulance for transport of the child to a regional medical center. Shortly after takeoff the plane crashed killing all passengers and crew members. Walkup's aviation lawyers argued that the pilot was not properly trained to fly the aircraft because he had only three hours of nighttime training. Further, they argued he had selected a dangerous departure route from the rural airport and as a result, became spatially disoriented and flew the plane into the ground. The defense argued that the pilot was properly trained and the departure route FAA approved. Our wrongful death clients included the deceased mother's heirs, including her siblings and mother. The case was concluded by way of a mediated settlement in a confidential seven-figure amount.

Defective Hot Tub - $2.5 Million Settlement
Our attorneys negotiated a settlement on behalf of the parents of a 4-year-old girl who was burned over 80 percent of her body while bathing in the family hot tub. Our attorneys demonstrated that the manufacturer of the hot tub had installed a defective thermostat, permitting the water to become unreasonably hot. The child survived for 61 days following the incident. The manufacturer of the hot tub paid the settlement.

Public Transportation Negligence - $2 Million Settlement
Walkup attorneys negotiated a combination cash and annuity settlement having a present value of $2,000,000 on behalf of a 16-year-old girl who was struck by a San Francisco Municipal Railway LRV. At the time she was struck, she was crossing the street with a green light. The settlement was paid on behalf of the municipality. Although the defense attempted to prove that the child should have heard the approaching vehicle, our attorneys demonstrated that the child had done nothing wrong and that the injury was entirely the fault of the Municipal Railway driver.

Automobile Accident - $4.5 Million Settlement
Our team represented a 14-year-old boy riding as a rear-seat passenger in a car that was involved in a head-on collision in Bakersfield, California. As the car approached a rural intersection, the driver found the roadway flooded. No warning signs had been erected. Although it had been raining earlier, it was not raining at the time of the collision. The flooded roadway caused the car to hydroplane and rotate, crossing into oncoming traffic and colliding head on with a car traveling in the opposite direction.

Residential Fire - $1,500,000 Settlement

Our premises liability team represented the mother and father of a 23-year-old college student who needlessly and tragically died when the rented apartment in which he slept, owned by a Bay Area landlord, burned because the landlord negligently left a sofa over a floor furnace and failed to equip the home with functioning smoke detectors. Our attorneys proved that the landlord, who owned more than 60 properties, had failed to make required and proper inspections, and to make certain that smoke detectors were in working order. After the fire, our attorneys, through investigators, demonstrated that not a single operational smoke detector was present on the second floor of the dwelling unit where our clients' son perished. The settlement, in the amount of $1,500,000, was paid by the insurance company for the property owner.

Propane Explosion - Wrongful Death of 4-Year-Old/Injuries to Parents

- $52,000,000 Jury Verdict -

On January 20, 1996, at approximately 6:30 a.m., an explosion and fire occurred at the temporary residence of a Nevada family. In the explosion, the family's daughter, aged 4, was killed. Her parents and her 5-year-old brother were badly burned. Walkup's fire and explosion wrongful death litigators proved the fire and explosion were the result of a liquid petroleum gas leak when the father attempted to light a furnace that had gone out during the night. The subsequent fireball entrapped all four victims and completely destroyed the 8 x 30 foot travel trailer the family was using as a residence. After three difficult years of litigation, the case proceeded to trial where the jury returned a unanimous verdict awarding the family a total of $52,135,000.

SUV Rollover Due to Defective Suspension Part - Death of 32-Year-Old Woman

Our automobile product liability lawyers negotiated a multimillion-dollar confidential settlement on behalf of an SUV passenger who was ejected from her vehicle when it rolled while traveling at 70 miles per hour on Highway 580 in Alameda County. Our client claimed that the vehicle lost control when a component of the front suspension became disconnected, causing the driver to make contact with the center median, lose steering input and tumble end over end for 300 feet. Our client's wife was ejected and died in the collision, leaving him to care for their 8-year-old son. Our investigation revealed that the suspension component that failed was subsequently recalled by the manufacturer.

Fatal Bus Crash / Death of Mother - $1,139,700 Settlement

Our California bus accident and transportation wrongful death lawyers successfully recovered wrongful death damages in the amount of $1,139,700 on behalf of the seven adult children of a 60-year-old mother killed when the bus she was taking from Arizona to Mexico experienced brake failure as it descended a freeway off ramp in Phoenix. The high-speed crash also killed the driver and severely injured several other passengers. The bus company had a principal place of business in Los Angeles, and the wrongful death lawsuit was successfully filed and kept in Los Angeles Superior Court. Shortly after our wrongful death lawyers filed, the defendant bus company declared bankruptcy. Walkup attorneys obtained relief from the bankruptcy stay by stipulating that the amount of any recovery would be limited to the amount of the insurance policy limits of five million dollars. As the case progressed, the bus company's bankruptcy attorney filed an interpleader claiming that the insurance proceeds were assets of the estate. Our attorneys immediately recognized that the interpleader, if unopposed, would significantly diminish the policy limits because bankruptcy laws gave the Trustee and the bankruptcy attorneys priority of payment over the injury claimants, and filed an opposition. The settlement was negotiated while a court ruling on the opposition was pending.

Cross-Median Accident - $2,750,000 Settlement

Our San Francisco auto accident attorneys obtained a settlement in the amount of $2,750,000 on behalf of the surviving wife and children of a 39-year-old San Francisco businessman who died when his car was struck head on by another vehicle that had catapulted over the center divider of northbound Highway 101. The accident occurred when a Jeep, traveling in the opposite direction, lost control and climbed up and over the median, striking our client's husband. The settlement was contributed to both by the offending driver and the State of California. Our lawyers proved that the other driver was negligent and that the median divider, as designed and built, was in violation of State of California design requirements.

Defective Car Seat Belt - $5,769,000 Jury Verdict

Our California wrongful death trial lawyers obtained a jury verdict in Los Angeles Superior Court of $5,769,000 against Honda Motor Corporation on behalf of the surviving wife and two children of a 43-year-old man killed when his seat belt failed to properly restrain him in a low-speed accident. The collision, which produced only minor damage to his vehicle, nonetheless resulted in fatal injuries when his seat belt fractured his ribs, punctured a lung, and lacerated his spleen. The other driver in the accident was not hurt. Using experts in the field of car engineering and design, forensic economists, and medical experts, our wrongful death trial lawyers showed that the design of the car was faulty and caused the wrongful death. The verdict followed a three-week trial, and at the time, was one of the largest in California for an automobile seat belt defect. The recovery included compensation to the heirs for the loss of the love, care and society of the decedent, as well as a sum to compensate them for his lost future earnings.

Vehicle Collision - $3,000,000 Settlement

Our San Francisco, California automobile accident wrongful death attorneys obtained a settlement comprised of both cash and future annuity payments, having a present cash value of over $3,000,0000 on behalf of the survivors of a 42-year-old man who was fatally injured when his truck struck a guardrail at a rural bridge crossing. On the morning of his death, the decedent's pickup truck drifted across the center lane of a two-lane road. After correcting back into his own lane, he struck and slid along a metal guardrail, which led to a bridge abutment. As he approached the bridge, there was a gap between the guardrail and the bridge rail. At the point of the gap, the front of the truck struck the abutment, which impaled the vehicle and its driver. Our wrongful death team demonstrated that the guardrail and bridge were not built in accordance with the original plans or specifications. The recovery included the future value of the decedent's wages, benefits and household services, as well as a sum to compensate his heirs for the loss of his care, comfort and society.

Dangerous Diabetes Drug - $2,500,000 Settlement

Our pharmaceutical injury lawyers successfully recovered $2,500,000 on behalf of a 63-year-old Sacramento woman who was prescribed a diabetes drug that resulted in liver failure. The drug had been approved by the FDA, but was later recalled. The manufacturer initially claimed that the drug was safe. However, our attorneys were able to demonstrate that the manufacturer knew about problems with impaired liver function, but never adequately warned doctors or the public about this side effect, and limited any mention of possible liver damage to the "fine print" of its package insert. Because of the manufacturer's failure to tell prescribing doctors about the problem, our client's physicians were unaware that her liver failure was due to the drug.

L-Tryptophan - Multimillion-Dollar Settlements

Our product liability team represented 23 clients who had taken the over-the-counter supplement L-Tryptophan. They developed a wide variety of problems, including elevated blood pressure, stroke and heart disease. Our drug products specialists negotiated settlements ranging from $100,000 to well over $1,000,000.

Vioxx - Heart Attack Settlements

Our product liability team is currently in the midst of litigating with the makers of Vioxx, an osteoarthritis drug intended to relieve pain and suffering, but which, in fact, has caused great harm by virtue of the drug's propensity to cause heart valve injury, heart attacks and strokes. A number of our cases are currently in litigation, with trial dates set in the future.

Woman Killed by Falling Tree Branch - $1,000,000 Settlement for Surviving Son and Grandchildren

Our wrongful death attorneys negotiated a settlement in the amount of $1,000,000 against the City of Pacific Grove on behalf of the surviving heirs of a woman killed when a 30-foot length of a diseased Monterey pine tree fractured and fell, striking and killing her at the Monarch Butterfly Sanctuary in Pacific Grove. In the course of pre-trial discovery, Walkup wrongful death attorneys were able to prove through percipient and expert witnesses that at least six pine trees, each in excess of 100 feet in height, had been tagged several years earlier for removal because of the very risk that resulted in this tragedy. The plaintiffs included the son and daughter of the deceased, and three of her grandchildren. The son and grandchildren witnessed the death, and accordingly had claims for both emotional distress and wrongful death. Under the terms of the settlement, the defense contributed funds in the form of cash and future structured payments.

Driver Collides With Fallen Tree on Highway - $800,000 Death Claim Settlement

Our wrongful death attorneys negotiated an $800,000 settlement after three days of trial in a dangerous condition of public property case against the State of California. The claim was brought on behalf of the surviving wife and two children of a 59-year-old man who crashed into a fallen tree on State Route 1 late at night. Plaintiffs claimed that the tree fell because it was infected with pine pitch chancre, a disease well known to Caltrans maintenance personnel in southern San Mateo County. The tree fell such that the root ball remained elevated on a hillside, with the tree suspended above the roadway surface like a clothesline. The decedent, driving a van, was transporting commercial goods to Watsonville, and never saw the tree before impact. Plaintiffs argued that the fallen tree constituted a dangerous condition of public property, and that the state knew or should have known of the problem because it had previously cut down a number of Monterey pines with the same symptoms.

Skull Fracture During Delivery
Our medical negligence wrongful death lawyers negotiated a confidential settlement on behalf of the parents of an infant who died from a skull fracture he sustained during delivery. Our deposition of the obstetrician revealed that he recognized that the infant's ability to pass through the birth canal was compromised, but rather than doing a cesarean section, he used metal forceps to advance the delivery. Imaging studies showed massive cranial fractures, and the infant died shortly after birth. The father had witnessed the horrific delivery, and a portion of the settlement was his claim for emotional distress.

Birth Trauma
Our team of attorneys obtained a binding arbitration award against the Kaiser Foundation Health Plan following negligent delivery at the Kaiser Hospital in Redwood City, California. Our attorneys proved that the infant suffered severe hypoxic injury when his mother's uterus ruptured during labor. The attending midwife failed to reduce or stop the administration of Pitocin, a labor-enhancing drug. The nurses had also left the mother unattended before the uterine rupture, which resulted in a failure to identify the ominous signs of fetal distress.

Cardiac Surgery With Defective Medical Device - $1,190,000 Death Settlement

Our medical device attorneys concluded a wrongful death case for $1,190,000 on behalf of the family of a 44-year-old husband and father who died after undergoing heart surgery. The patient had presented to the defendant hospital following an abnormal stress echocardiogram and an episode of cardiac arrhythmia. His physicians performed coronary artery bypass grafting on four coronary vessels. The decedent developed an aortic dissection intraoperatively, which resulted in multiorgan failure and his death. At trial, our experts demonstrated that the fatal aortic dissection was caused by an experimental catheter that was being tested by the medical device company in clinical trials at the defendant hospital.

Defective Heart Stent - Confidential Settlement

Our attorneys represented the surviving wife and children of a man who died after undergoing heart catheterization using a recently invented stent. The stent caused a massive blood clot, which resulted in a fatal myocardial infarction. Our medical device team was able to find experts in the field who showed that the manufacturer's pre-market investigation and testing were inadequate, and that the instructions given to operating surgeons regarding the use of blood thinning medications in association with the device were not strong enough to adequately educate prescribing physicians.

Dangerous Surgical Instrument - $5,125,000

Our medical device lawyers obtained a settlement in the amount of $5,125,000 on behalf of a 54-year-old university school teacher after undergoing treatment with a surgical device, recently designed and introduced on the market, to treat gastroesophageal reflux disease (also known as heartburn). The surgery was to be "minimally invasive," but instead the medical device caused significant burning and scarring of our client's esophagus. She went on to suffer esophageal rupture, sepsis, major organ failure, and lapsed into a coma. The maker of the device claimed that it could not be sued because the device had been approved by the FDA. Our attorneys prevailed on a motion for summary judgment in the trial court, and the case was then resolved by way of settlement just before trial.

Failure to Diagnose Emergent Head Injury - $3,000,000 Jury Verdict

Our medical malpractice wrongful death trial lawyers prevailed in a case brought on behalf of the parents of a 29-year-old man who died of an undiagnosed head injury. The young man presented to the defendant emergency room physician with a head laceration after being struck with a surfboard. Ignoring the possibility of a head injury, the defendant doctor neglected to order a CT scan or palpate the wound, and merely sutured the laceration and discharged the patient with a prescription for Vicodin. Shortly after being discharged, the patient fell unconscious in his living room and was emergently taken to San Francisco General Hospital. There, CT scanning demonstrated a depressed skull fracture, which lacerated the middle meningeal artery. Extensive intracranial bleeding resulted in brain death. At trial, Walkup wrongful death lawyers demonstrated that palpating the wound would have resulted in discovery of the skull fracture and the institution of timely life saving care. The jury agreed, awarding plaintiffs a total of $3,000,000 in damages for the loss of their son. The judgment was later reduced pursuant to the provisions of California's 32-year-old MICRA law, which limits general damages to $250,000.

Botched Biopsy - $900,000 Wrongful Death Settlement

Our wrongful death medical malpractice team of lawyers negotiated a wrongful death settlement in a MICRA-governed medical negligence case arising from the death of a 25-year-old woman. The claim was brought on behalf of her parents. Our clients' daughter died following what was anticipated to be a routine lymph node biopsy. Intraoperatively, her oxygen mask erupted into flames causing serious burns to her face. She was transferred to a hospital offering a higher level of care. There, while recuperating from her burns, doctors attempted an experimental biopsy procedure. This procedure included substantial risk because of the proximity to vital organs. It was carried out by a Fellow who had only performed one similar biopsy in the past. Walkup's medical malpractice specialists showed that he breached the standard of care when he punctured the decedent's heart during the biopsy. Our clients' daughter died minutes later. The Walkup team argued that the conduct of the Fellow constituted a battery, and as such, was outside the limits of MICRA. Our lawyers successfully opposed a summary judgment motion on the battery issue, and thereafter the matter settled for $900,000 - $650,000 in excess of the MICRA cap.

Emergency Room Negligence - Major Confidential Settlement

Our medical malpractice wrongful death trial lawyers obtained a major confidential settlement in a wrongful death case on behalf of the surviving wife and daughter of a 55-year-old contractor who died of an undiagnosed aortic dissection after spending 36 hours in the hospital without ever being seen by a cardiologist. The doctors who saw the patient failed to recognize that he needed an emergency evaluation to rule out aortic dissection. A cardiology consultation and echocardiogram would have made the diagnosis, but were never ordered. Instead, the doctors continued to prescribe nitroglycerine and intravenous morphine for ongoing chest pain. The decedent died shortly after a stress treadmill test, which worsened the tearing of the aorta.

Failure to Diagnose Deadly Cervical Cancer - Wrongful Death

Our medical malpractice lawyers successfully concluded a case on behalf of the two surviving daughters of a 35-year-old woman who died of cervical cancer. Our attorneys proved that both the woman's primary care physician and a laboratory that failed to follow up properly on biopsy slides were responsible for the failure to diagnose and treat cervical cancer in its early stages. Through the testimony of experts in pathology, our attorneys demonstrated that pap smears were under-reported. Experts in cytology testified that the laboratory should have brought these abnormalities to the attention of the primary care physician. The confidential settlement included an initial cash payment and future installment payments to cover the surviving children's educational and other maintenance expenses through age 23.

Uterine Rupture - Infant Death

Our medical malpractice wrongful death lawyers resolved a birth injury case, in a confidential amount, on behalf of the parents of a 2-day-old infant who died after his mother's uterus ruptured during labor. The mother was admitted to the hospital with contractions, but was sent home several hours later because the nurses felt she was not progressing. Once home, she began to experience severe abdominal pain. By the time doctors realized that the infant was outside the uterus in the abdominal cavity, an emergency cesarean section was unsuccessful in delivering the baby before it suffered severe compromise. The infant died two days later. Our attorneys demonstrated that the mother should never have been sent home from the hospital, and that, had she been monitored properly, her impending uterine rupture would have been recognized, and a timely cesarean section would have been performed, and the baby's life saved.

Failure to Diagnose Pelvic Fractures - Wrongful Death

Our medical malpractice wrongful death specialists successfully represented the wife and adult child of a 48-year-old junior high school principal who died of complications from undiagnosed pelvic fractures after a fall. Our attorneys demonstrated that X-rays taken at the time of his initial treatment were misinterpreted and that, as a result, he developed pulmonary emboli which ultimately caused cardiac arrest. The defendant hospital and its physicians claimed that the original injuries from the fall were by themselves sufficient to produce death, and that the failure to correctly interpret the X-rays was not negligent. The amount of the settlement, confidential in nature, included the maximum amount available for general damages representing loss of care, comfort, society and love, as well as an amount equal to the present cash value of the decedent's lost future wages, earnings, support and benefits.

Death of Husband - Confidential Wrongful Death Settlement
Our Kaiser wrongful death specialists brought a Kaiser Permanente Arbitration claim under the terms of the Kaiser Arbitration agreement on behalf of the surviving husband and two adult children of a 58-year-old Permanente member who died from an untreated pulmonary embolism. The deceased Kaiser member had visited a South Bay Kaiser emergency room complaining of chest pain and shortness of breath. A blood test, which is typically elevated when the heart muscle is under strain from heart disease or pulmonary embolism, was elevated. After referral from the emergency department to the cardiology department, a Permanente Group cardiologist performed a left heart catheterization that ruled out coronary artery disease but failed to perform the right heart catheterization, which would have been diagnostic for pulmonary embolism. As a result, the patient's pulmonary embolism was not diagnosed. Blood thinning medications would have prevented death, but were not given.

Police Misconduct - $1,500,000 Settlement

Police Shooting - Wrongful Death Settlement

Our wrongful death attorneys obtained a settlement on behalf of the surviving parents of a 20-year-old woman who was killed by police gunfire while she sat in the back seat of her car. Police had stopped the vehicle in order to speak with her boyfriend who was seated alongside her. The police claimed that the vehicle was moving, in an attempt to escape, when shots were fired. Our wrongful death team proved, through the use of expert witnesses, that the vehicle was not moving, and that the police violated their internal shooting manuals, as well as standard police training, in discharging their weapons at the unarmed vehicle occupants.

Highway Patrol Chase - Wrongful Death Jury Verdict

Our wrongful death police liability specialists obtained a jury verdict in Santa Clara Superior Court against the California Highway Patrol for the death of a husband and father that resulted from a high-speed chase that covered more than 50 miles. Our attorneys brought suit against the Highway Patrol after they chased a suspect from Contra Costa, across the Golden Gate Bridge, down Highway 280, to San Jose, where he collided with a car containing the decedent, who was on his way home from work. Our attorneys demonstrated that the CHP officers violated internal policy and procedure manuals, and exposed the public to great danger by instigating a high-speed chase when the "suspect" was wanted for nothing more than a traffic violation. (As a result of this verdict, the legislature changed state law to immunize police departments from chase liability.)

Dangerous Tree Fall - Death of 54-Year-Old Wife and Mother

Failure to Provide and Maintain Smoke Alarms - Death of 31-Year-Old Woman

Our wrongful death premises liability specialists obtained a settlement in the amount of $2,000,000 against a property manager and building owner who were responsible for the maintenance of an apartment's smoke alarms. Our client's wife was killed at the rented apartment when a fire broke out. No smoke alarm sounded. Fire investigators determined that there were no batteries in any of the smoke alarms of an unburned "mirror-image" unit upstairs. Our attorneys claimed that the failure to check the batteries and make sure that all smoke detectors were operative was negligent. Because the smoke alarms were not functioning, the decedent was not awakened until the fire had consumed most of the apartment and the only exit door had been sealed by melted plastic from a wall-mounted doorbell chime.

Falling Store Display - Wrongful Death of 3-Year-Old Child

Our wrongful death specialists obtained a settlement in a confidential amount, including both cash and future annuity payments, on behalf of the parents of a 3-year-old child killed when a display fell on her at the defendant's store. The child was present at the home center store with her grandmother when the accident occurred. The store owner claimed that the accident was caused by the grandmother for failing to supervise the child. The display that fell incorporated a door jamb and was advertising the availability of replacement home doors. Our attorneys proved that the child's actions had not in any way increased or caused the problem, but that the display made it likely it would fall on any adult patron who brushed against it.

Unsafe Scaffold - Wrongful Death - $2,000,000 Settlement

Our construction litigation team obtained a cash and annuity settlement with a value in excess of $2,000,000 on behalf of the survivors of a sheet metal worker who fell four stories to his death through a defective scaffold railing at a construction site near San Francisco, California. The decedent was working as an independent contractor on a re-roofing project at a large private residence. Our attorneys demonstrated that the building, which had been entirely scaffolded by a subcontractor, was in an unsafe condition. Using experts in construction site management, scaffold erection, and forensic economics, our wrongful death attorneys proved that the scaffold and its crossarms has not been properly secured and that it was this error that resulted in the decedent's death.

Dangerous Construction Site - $7,000,000 Settlement

Our construction site specialists represented a 40-year-old utility worker who was badly burned over more than 60 percent of his body while performing routine telephone line replacement. During the course of his work, a rotted power pole fractured, and high voltage lines carrying in excess of 12,000 volts of electrical current fell on our client, who was standing in his bucket truck. Our attorneys brought suit against the responsible utility and demonstrated that the rotten pole should have been discovered more than five years before the date of this tragedy. Using experts in the field of plastic surgery, internal medicine, forensic economics, and job site management, our attorneys recovered $7,000,000 on behalf of the injured worker. The recovery included reimbursement for lost wages and future wages and benefits as well as past medical expenses exceeding $1,000,000.

Negligent Job Site Management - $2,000,000 Settlement

Our construction site team recovered a settlement having a value of $2,000,000 on behalf of a laborer who suffered serious abdominal and pelvic injury, including ruptured bowel and spleen, as a result of a trench cave-in at a home reconstruction project in San Francisco. Our client was nearly killed when the trench collapsed, crushing him against the foundation of the building being remodeled. His injuries included extensive inpatient hospitalization and rehabilitation and left him unable to perform any tasks involving manual labor or exertion. Because of his lack of formal education, he was unable to secure re-employment in a sedentary occupation. The recovery negotiated on his behalf included recovery of past and future lost wages, reimbursement of medical benefits, resolution of an outstanding worker's compensation lien, and a lump sum cash payment in satisfaction of his claim for pain and suffering.

Death of Husband and Father - SUV Rollover - Mismatched Car and Trailer - $5,250,000 Settlement

Our product liability lawyers negotiated a cash and annuity settlement having a present value of $5,250,000 on behalf of the surviving widow and two minor children of a 42-year-old fire captain who was killed when his SUV rolled over on Highway 50 while pulling an "ultralight" travel trailer. Plaintiffs claimed that the defendant motor home retailer inappropriately sold the family a trailer that was too large to be safely pulled by their small SUV. Plaintiffs also claimed that the retailer failed to advise them that if the travel trailer were loaded to its maximum capacity (as specified by the trailer manufacturer) the trailer would weigh 1,400 pounds more than the maximum weight recommended by the SUV manufacturer. While traveling on Highway 50, passing a semi-truck, the trailer was hit by a gust of wind causing it to fishtail, go out of control, and roll over, pulling the towing SUV with it. Defendants claimed that had the decedent read the owner's manual for his vehicle and the trailer he would have observed warnings in both manuals regarding overloading, and, by weighing the vehicles, he could have avoided the situation that produced his death. The settlement was reached after three mediations.

SUV Rollover - $2,900,000 Settlement

Our vehicle stability team negotiated a settlement in the amount of $2,900,000 against the makers of the Chevrolet Blazer for the surviving husband of a woman who was killed when her Blazer overturned in a single-car Northern California accident. Our client's wife was driving to work when she inadvertently left the road surface, and in the process of correcting back onto the roadway, she overcorrected and her vehicle overturned. During the three rolls that followed, the roof collapsed, and she sustained fatal head injuries. Our attorneys demonstrated that the vehicle, as designed, was not sufficiently stable to protect drivers who found themselves in foreseeable and expected emergency driving maneuvers. The settlement was paid both in cash and in annuities. Under the terms of the court-approved annuities, the woman's surviving son will be provided periodic payments to cover the cost of high school and college, and to provide security to him as a young adult.

Big Rig Head-On - $2,000,000 Settlement

Our truck accident team negotiated a settlement in the amount of $2,000,000 on behalf of the surviving wife and two children of a 42-year-old man who died when his automobile was struck head on by a semi-truck on State Route 65 outside of Lincoln, California. Our clients sought recovery for future and lost earnings as well as for the loss of love, comfort and society of their husband and father. As part of the settlement, our attorneys also worked with the worker's compensation carrier for the decedent. The case was settled after being filed in Sacramento County Superior Court.

Auto vs. Truck Collision - $1,265,000 Settlement

Our big rig litigation team obtained a settlement in the amount of $1,265,000 on behalf of the mother, wife and children of a 38-year-old Bay Area resident who was killed in an automobile versus truck collision. The decedent worked at the San Francisco Public Library and provided the sole means of support to his wife and two sons. On the evening in question, he was riding as a passenger in an automobile driven by a friend as they traveled south on I-5 to a business meeting. The friend lost control of his vehicle. It rolled over and ended up straddling the number one and two lanes. During the rollover, a major cloud of dust was generated, blinding oncoming drivers. One of those drivers was operating a semi. It struck the decedent's vehicle after it had come to rest. Walkup's truck accident litigators proved that the truck driver's reactions were too slow and his speed too fast for the conditions.

Failure to Treat Malignant Hypertension - $950,000 Settlement

Our wrongful death attorneys, working with specialists in the field of emergency room medicine and internal medicine, negotiated a wrongful death settlement of $950,000 on behalf of the surviving husband and daughter of a 37-year-old school teacher who died from untreated hypertension. The decedent had given birth to her daughter just days before presenting to the defendant emergency department with extremely high blood pressure. The cause of the blood pressure was left untreated. Depositions of the nursing staff revealed that they repeatedly and unsuccessfully tried to warn the physician on duty of the elevated blood pressure. The prolonged failure to treat the condition resulted in a massive intracerebral hemorrhage and brain death. Following percipient witness discovery, the case settled at a second session of mediation. Non-economic damages were limited to the artificial and unfair MICRA $250,000 cap. The survivors claimed in excess of 1,000,000 in lost support. The settlement proceeds apportioned to the infant daughter were structured so as to provide monthly and annual payments for the course of her life.

Emergency Room Failure to Diagnose Epiglottis

Walkup attorneys obtained a settlement in a Kaiser arbitration proceeding for the wrongful death of a man who suffered a hypoxic brain injury and died following a misdiagnosis at Kaiser Vallejo's Emergency Room. The man arrived at the Kaiser emergency department complaining of a high fever, severe sore throat and difficulty swallowing and breathing. These symptoms suggested the possibility of supraglottitis, a serious inflammation of the upper airway. Despite clear symptoms, Kaiser's emergency room triage nurse told the man his case was not severe enough for the emergency room and sent him to an urgent care clinic, where his condition worsened and, eventually, caused respiratory arrest. Despite resuscitation attempts, the man suffered severe hypoxic brain damage and died three days later. Walkup attorneys negotiated the maximum settlement available by law on behalf of the two surviving children left behind.

Colon Perforation/Sepsis During Cholecystectomy

A settlement in the maximum amount permitted for general damages was obtained for the heirs of a 77-year-old woman, following a routine laparoscopic cholecystectomy at Kaiser Walnut Creek. The decedent underwent laparoscopic cholecystectomy in order to relieve abdominal pain resulting from gallstones. She was sent home following the procedure, only to return to the emergency department two days later complaining of severe abdominal pain, inability to eat and inability to walk due to pain. Upon admittance to the ER, the decedent had no measurable blood pressure and was immediately started on IV fluids. A Kaiser surgeon examined the decedent, found an acute abdomen, indicating the need for immediate surgery, but instead, the decedent was sent for a CT scan. When she was finally taken to surgery, an exploratory laparotomy disclosed that she had a rent in her bowel where the initial surgery was performed. Ultimately, four total exploratory laparotomies were performed before it was discovered that the decedent had a leaking cystic duct proximal to the place where the clips were placed during the laparoscopic cholecystectomy. She underwent two additional exploratory laparotomies, where bowel perforations were found. Decedent died in the hospital due to an abscess in her heart. Due to the original failure of the doctor who performed the laparoscopic cholecystectomy to discover the rents in decedent's bowel and cystic leaks caused by slippage of the clips, the 77-year-old decedent was subjected to numerous surgeries, each of which rendered her increasingly susceptible to infection.

Failure to Monitor Bed Sores - Confidential Settlement

Our elder abuse team successfully settled a wrongful death claim on behalf of the son and daughter of a 79-year-old woman who passed away as a result of septic infection caused by undiagnosed and untreated bedsores. The settlement, in a confidential amount, was brought under California's Elder Abuse statutes. It included recovery for the pre-death pain and suffering of the decedent, attorney's fees and other damages in order to properly compensate the heirs for what their mother had endured. Our attorneys, working with specialists in the field of senior-nursing, demonstrated that proper and prudent observation of the decedent's worsening condition would have resulted in a timely diagnosis, hospitalization at an inpatient facility and a cure of her overwhelming infection before it became untreatable and fatal.

Heart Catheterization Mistake - $850,000 Settlement

Walkup attorneys negotiated an $850,000 settlement of claims brought by a deceased patient's wife and two adult children for the wrongful death of a 56-year-old engineer following arterial rupture during a routine angioplasty. The patient presented to Kaiser South San Francisco's ER complaining of chest tightness and chest pressure. He received nitroglycerin, quickly stabilized and was determined to be a suitable candidate for cardiac catheterization, which was performed later that day at Kaiser San Francisco. The patient elected angioplasty procedure over bypass surgery. The cardiologist performed an angioplasty on the proximal left anterior descending artery, entering with various catheters, balloons and stents. The stent did not expand fully against the vessel wall though, so the doctor replaced the balloon with a slightly larger, non-compliant type and inflated it to a higher pressure. This attempt was also unsuccessful as was the second effort to expand the stent. A third effort was made, after which the patient began complaining of chest pains. Some 10 minutes later, a perforation in the left anterior descending coronary artery was recognized, and the patient's vital signs collapsed. Resuscitation efforts were unsuccessful. The member alleged that the stent used in the procedure was too large and that the doctor doing the procedure did not have adequate experience. The settlement in this case included the statutory maximum amount allowed under MICRA for non-economic damages as well as compensation for lost wages.

Failure to Diagnose Pelvic Fractures - Confidential Settlement

Our medical malpractice wrongful death specialists successfully represented the wife and adult child of a 48-year-old junior high school principal who died of complications from undiagnosed pelvic fractures after a fall. Our attorneys demonstrated that x-rays taken at the time of his initial treatment were misinterpreted and that, as a result, he developed pulmonary emboli, which ultimately caused cardiac arrest. The defendant hospital and its physicians claimed that the original injuries from the fall were by themselves sufficient to produce death and that the failure to correctly interpret the x-rays was not negligent. The amount of the settlement, confidential in nature, included the maximum amount available for general damages representing loss of care, comfort, society and love as well as an amount equal to the present cash value of the decedent's lost future wages, earnings, support and benefits.

Failure to Appreciate Results of Blood Pressure Test - $946,616 Settlement

Walkup attorneys obtained a binding Kaiser arbitration award in the amount of $946,616 on behalf of the surviving heirs of a Kaiser member who suffered a heart attack at age 48. The decedent, a long time public servant in Contra Costa County, was running for assessor at the time of his death. Five weeks prior, he had undergone a 24 hour Holter monitor evaluation (the equivalent of a 24 hour EKG) because of irregularities noted during a routine blood pressure check. The Holter study indicated signs of ischemia (insufficient blood supply) to the heart. His survivors contended that Kaiser Walnut Creek physicians should have followed up on the Holter monitor results immediately and that a proper workup, including a thallium treadmill examination, would have resulted in a diagnosis of severe coronary artery disease and permitted timely bypass surgery.

Kaiser disputed liability, claiming that the findings reflected on the Holter monitor tracings were not diagnostic and were, in fact, insignificant. Kaiser also claimed that bypass surgery would not have prevented the fatal heart attack. The case was arbitrated for five days before a panel of three arbitrators. The award of damages included past economic loss of $128,000 and an award of $598,500 reflecting the present cash value of future economic losses. General damages for the wrongful death of this husband and father were limited by MICRA to $250,000.

Contact our California fatal accident lawyers today.

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The wrongful death attorneys at Walkup, Melodia, Kelly & Schoenberger represent the families of wrongful death victims in California and Nevada, including the cities of San Jose, Sacramento, Oakland, San Francisco, Santa Rosa, Fresno, San Mateo, Walnut Creek, Concord, San Rafael, Napa, Redwood City, Stockton, Modesto, Los Angeles, San Diego, Reno, Las Vegas, Elko, Carson City and Tahoe.