Oklahoma Personal Injury Blog : Oklahoma Injury Lawyer and Attorney : Tony Laizure of Stipe Law Firm : Serving Oklahoma City, Tulsa, Norman, Lawton

The right to trial by jury has been protected by the Constitution of the United States of America for more than 200 years and by the Oklahoma Constitution for 100 years.  Sadly, there is a segment of society who wishes to erode and, in some cases, eliminate your fundamental right to trial by jury.  This movement is often referred to as "tort reform" or "lawsuit reform".  It's sponsors are big business,  the insurance industry, drug companies, the medical industry, the transportation industry (trucking companies, automobile makers etc), and any other group or conglomeration who does not feel as though they should be held accountable when their negligence injures or kills someone.

These groups have been working for decades, trying to convince Americans in general, and Oklahomans in particular, that unless we enact laws that erode or eliminate our right to trial by jury, many horrible things will happen, such as:  doctors will quit delivering babies, doctors will flee Oklahoma and go to other states, Oklahoma will not be able to attract jobs or industry.  Of course, they have been saying this for 30 years and nothing like that has happened.  We have  more doctors than ever, doctors are not leaving the state, our economy is booming and Oklahoma is attracting high quality jobs like the Google plant that is being built in Pryor.

So then, what is the true reason behind all of the rhetoric?  Simple.  These powerful interests simply want immunity from being sued when they injure or kill someone.  They feel insulted when a jury of citizens hold them accountable for their wrongdoing and order them to pay their victims substantial compensation.  This attitude goes against the fundamental notion of "personal responsibility" and "corporate accountability".

Recent polls suggest the public is not buying into this corporate propaganda.  Voters are deeply worried about their nation's future, and concern about corporate misconduct is a major source of their anxiety.  Many people see corporate irresponsibility as a big problem in the country.  Voters will support candidates who defend the civil justice system over candidates who advocate "tort reform".  These feelings cut across party lines.  For more information about the poll, click on this link http://www.atla.org/pressroom/PressReleases/2007/july12.aspx

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Most cases settle without having to be tried.  And that is a good thing.  Litigation is expensive, it is time consuming and it is very stressful. If your case can be resolved without the stress of going to trial, then by all means consider settlement.

Cases like trucking accident cases, medical malpractice cases, insurance bad faith cases, can take two to three years to get to trial and can cost as much as $50,000 - $100,000 or more in litigation expenses.  If the trucking company, doctor or insurance company believes your case is weak, they will not offer much to settle and can force you to trial.  On the other hand, if you have a strong case, and a reputable attorney who is respected by the other side, the chances of your case settling are better.

I have tried cases against trucking companies, doctors, hospitals, insurance companies, automobile manufacturers and other similar defendants.  As a result, these defendants know that I have the skill, the resources, the talent and the will to take them to trial if necessary.  I have also settled cases against these very same type of defendants.  Once the defendant knows your lawyer can or will take them to trial, they become more interested in settling the case.

Listed below are some examples of cases I have settled over the years.   Just like with jury verdicts, each case is different. No two cases are exactly alike. Even if the cases sound the same, they are not. So the results listed below are not meant to imply that any other case would settle for some similar amount.

Drug and Pharmaceutical Settlements

In excess of $3.0 million from the manufacturers of the supplement L-Trytophan.

Trucking Accident Settlements

$3.5 million - in this case, a truck pulled onto a highway from a private drive and was struck by a car. The passenger in the car was paralyzed as a result.

$1.25 million - A truck driver had been delivering hogs all day and into the night. In the middle of the night, on a dark country road, he had made a delivery. He was trying to get out onto the two lane highway and got stuck. His truck blocked the whole road. It was so dark you couldn't see it. Our client slammed into the truck and had serious head, neck and back injuries.

$500,000.00 - A truck pulled out from a stop sign near the Big Cabin exit off I-44. Our clients had the right of way and could not see the truck in time to stop. The clients suffered head, neck and back injuries.



Automobile Accident Settlements

$800,000.00 - Domino's Pizza. Remember when Domino's had their "30 minutes or it's free" policy. This caused a lot of wrecks and a lot of problems for Domino's. They were sued all over the country over this policy. Their drivers were in such a hurry to get the pizza delivered that they drove recklessly and carelessly and caused a lot of accidents. In this case, the delivery driver was speeding at night in the rain, lost control of his vehicle and slammed into a young lady's car. She suffered head, neck and back injuries.

$650,000.00 - Domino's Pizza delivery driver is following too close and rear ends the client. He has multiple back surgeries and is disabled for life.

Medical Malpractice

$1,080,000.00 - Compartment syndrome - Compartment syndrome is a medical emergency. It happens most often when someone fractures one of their arms or legs. After the fracture, there can be swelling in the compartment of the arm or leg. The tissue swells up and chokes off the supply of blood and oxygen to the arm. If not treated quickly, part of the arm or leg can die and have to be amputated. In this case, the patient, a teenage girl, was injured in a go cart accident. The orthopedic surgeon and the nurses at the hospital did not monitor her closely. She developed compartment syndrome and had to have her leg amputated below the knee.

$910,000.00 - Compartment syndrome - another case involving a teenager who was injured in a motor vehicle accident. He broke his leg. The doctors and nurses did not monitor him closely and he developed compartment syndrome. His leg was amputated below the knee.

$500,000.00 - Failure to diagnose subarachnoid hemorrhage. In this case, the patient presented to the emergency room with complaints of sudden headache, nausea and vomiting. The doctor did an exam and sent the patient home. A short time later, he had a full blown bleed and was rushed to the hospital but it was too late. He died a few days later.

In excess of $2 million total settlements were reached with two doctors who performed plastic surgery on women. They did breast augmentations, face lifts, tummy tucks and other surgery. Each doctor had some very serious problems. One of the surgeons had substance abuse problems,and the other was not even a real plastic surgeon. I handled more than 20 cases against the one doctor and about six against the other. Their insurance companies settled because they could not defend these doctors in court. One doctor had his license revoked and the other gave up her license because we had filed complaints against her with the medical licensure board and she was under investigation at the time she surrendered her license.

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A lot of attorneys say they are "trial lawyers" or "trial attorneys".  Truth is, most cases settle without ever going to trial.  And that is a good thing.  Taking a case to a jury is a huge gamble.  It is very expensive to take a serious case to jury trial.   And, it takes a lot of time.  It is usually better to settle your case if at all possible.

But some cases just can't settle, and there are many reasons.  Sometimes the defendant won't offer enough. Sometimes the Plaintiff wants too much.  Sometimes there are legal issues that need to be settled and they can only be settled by a trial.

If your case has to go to trial, make sure  your attorney has the experience necessary to try your case.  Don't be afraid to ask your attorney how many cases he/she has tried and what type of cases they have tried.  For instance, you might not want a lawyer who has never tried a civil case to try a trucking accident case, a products liability case or a medical malpractice case. You might want to ask the lawyer to associate with another attorney or firm that has the experience needed to take on a very serious case.  We do that all the time.

Listed in this category are some examples of trials in which I have participated and won.  There are many trials in which I have participated and lost.  Good lawyers try cases.  They win some. They lose some.  Any lawyer who says they have never lost a case has not tried very many.

Over the years, I have tried many, many cases to a jury. Like all lawyers, I have won some and lost some. Listed below are some of the more significant jury verdicts I have obtained for my clients. Remember, every case is different, and the results below were based on the facts of each case. No lawyer can guarantee any result for any case.

$1.5 million - Products Liability - defective ladder. The extension ladder being used by the client had a defect which created what is called a "false lock", which means the extension part of the ladder looks and sounds like it is locked when it isn't. In this case, the ladder appeared to be locked and it wasn't. The client was on the ladder and was more than 10' off the ground. The ladder collapsed and he fell, breaking both arms and suffering many other injuries. The case was tried in federal court in Muskogee.

$1.3 million - Wrongful Death - Medical Negligence - a man in his 40's went to the local emergency room in the small town where he lived. He had complaints of chest pain and shortness of breath. An x-ray was taken and it showed he had pneumonia, but they never told him. Instead, they sent him home. A few days later he died from complications related to the pneumonia.

$1.22 million - Breach of contract - a local small business owner had a contract with an out of state company to make "firestop" products. These products are used in high rise buildings, military vessels and other places to stop the spread of fire from one room or compartment to another. Unknown to my client, the out of state company changed the formula from which the product was made. This caused the products to be defective and unfit for use. We sued the company in Creek County District Court. The jury awarded damages. The judge ordered the Defendant to pay an additional $150,000.00 in legal fees. The Defendant appealed. We won the appeal and by the time the Defendant paid the judgment, it had grown to more than $1.7 million with interest. You can read more about the case at the following link http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=441595

$950,000 - Products Liability - Defective Blanket. This case was also tried in federal court in Muskogee. It involved a Sunbeam electric blanket. Sunbeam's blankets were at one time very dangerous. They were designed in such a way to allow the blanket to short circuit and catch fire. In this case, an elderly woman's blanket caught fire in the middle of the night. She tried to get up and get away from the blanket, but got tangled up in it and she died from the fire. The jury not only awarded actual damages but also "punitive damages" against Sunbeam in the amount of $500,000.00. Sunbeam appealed the case but settled it while the appeal was pending.

$750,000.00 - Products Liability - Defective seat belt. In this case, the client was driving a Buick LeSabre. Another driver crossed the center line and hit him almost head on. His seat belt did not perform and he hit his head on the windshield. His face and eyes were severely fractured. We proved at trial that General Motors made seat belts that would not work if too much slack got in them and that it was too easy for slack to get in the seat belt. We showed the jury that the seat belts GM made for its cars they sold in Europe did not allow slack to get in the belt, and if they had just used the same seat belt system, our client would not have been so severely injured. The jury found in our favor. GM appealed and lost. By the time they paid the judgment, it had grown to more than $925,000.00.

$500,000.00 - Premises Liability - An elderly woman and her husband were going to shop at a Sutherland's store here in Tulsa. As she went through the automatic door, it closed on her, knocked her down and broke her hip. She was taken to the hospital and the doctor did surgery on her hip. She was never quite the same after that, and she died a little more than 2 years later. Her husband sued Sutherland's, the company that made the automatic door and the company that was supposed to maintain the door. All the Defendants except Sutherland's settled before trial. The jury found Sutherland's responsible and awarded damages. Sutherland's settled after trial. This case was tried in Tulsa County.

$500,000.00 - Medical Negligence - Failure to diagnose a subarachnoid hemorrhage (or a bleed in the brain). This case was also tried in federal court in Muskogee. The client went to an emergency room with a very severe headache. He had other symptoms (nause and vomiting) that should have been recognized by the doctors as a possible bleed in the brain. They did not make the diagnosis and he died a few days later. His wife sued the emergency room doctors. The jury found in favor of one of the doctors but held the other one accountable.

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A truck driver was approaching the toll gate on the Indian Nations Turnpike, south of McAlester.  For some reason, he decided he had to turn around and go back the other way.  Unfortunately, he made his U-Turn right in front of a "NO U-TURN" sign.  He got stuck and was blocking the road.  It was not yet daylight, and a car with four passengers collided with the truck, as it was impossible to see the truck's lights.

The driver and passengers of the car were seriously injured. The driver had to have neck surgery which resulted in serious and permanent disability.  He hired us and we were able to obtain important photographs and witness statements that were critical to the case.  We also helped the client obtain the necessary medical treatment he needed while waiting for his case to settle.

Had he tried to do this on his own, the insurance company would have most certainly tried to "starve him out" or would have offered a "lowball" settlement.  They would have never turned over the photos and statements that helped us get the case settled.

Accidents involving trucks, semis and other big rigs almost always result in serious injury or death. The trucking company and it's insurance company almost always send an "investigator" out to the scene and try to contact the injured party so they can take a statement from them while they are hurt and scared.  These people simply cannot be trusted as they are only looking out for the interests of the trucking company and its insurance company.

Always consult with an attorney before giving a "statement" to anyone other than a law enforcement officer whenever you have been in an accident.  Find out your rights before you talk to an insurance investigator or adjuster.  Remember, their goal is to pay you as little as possible.

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A mother and her 11 year old son wanted to ride one of the "Himalay" style rides at the Tulsa State Fair. They went up the stairs and stood on the platform to look at the ride.  While they were waiting, the guard rail collapsed, causing the mother to fall approximately 8 feet to the pavement below.  She fractured her heel in several places, which required multiple surgeries. The doctors had to insert several screws and pins to try to hold her heel together.

She worked as a nurse in the newborn baby ward.  Her job required her to be on her feet all the time.  Since she could hardly stand to put any weight on her foot, the hospital terminated her.

She sued the operator of the amusement ride.  As it turned out, the ride inspectors for the Department of Labor conducted an inspection of the ride shortly after the accident.  The ride operator was found to be negligent for not properly installing and monitoring the guard rail.  The photographs and report of the Department of Labor were crucial pieces of evidence in the case.

This case points out why it is necessary to obtain legal counsel in cases involving serious injury on someone else's property.  The lawyer was able to contact the Department of Labor and found the photographs and report.  The amusement ride operator literally had no defense in the case, and had to settle.

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            This case is a classical example of  "failure to monitor" a patient .

            In this case,  the patient presented to the emergency department around 3:30 in the afternoon on Christmas Eve 2004. According to the ER record, she complained of the sudden onset of chest pain (left side), with radiation to the abdomen, back, left shoulder and arm. She was properly evaluated by the emergency department, and it was determined she had pneumonia, so she was admitted to the hospital. 

            A pulmonary consult was obtained, which means they called in lung doctor,  and the diagnosis of pneumonia was confirmed.   Pneumonia is basically fluid on the lungs.  Medication was prescribed and the patient was placed on a heart  monitor.

            In the early morning hours of January 1, 2005, the hospital’s central monitoring unit, which monitors patients all throughout the hospital, called the floor on which the patient was staying and advised the floor nurse that the patient’s monitor had somehow been disconnected. For some reason, no one from the hospital went to check on the patient for approximately 20 minutes.  When a nurse finally made her way into the patient’s room, she was found to be asystolic and a code was performed.   She was resuscitated but it was too late. She suffered a fatal anoxic brain injury. That means her brain was not getting any oxygen.  She “lived” for two more days and died on January 3, 2005.

            The family retained us and we hired two experts to evaluate the case.   Not surprisingly, the nursing expert found there to have been several negligent acts and failures on the part of the nursing staff. Obviously, the most significant was the failure of the nurses on the floor to respond to the call from the central monitoring unit, and the failure of the central monitoring unit to follow up with the nurses on the floor. 

            A board certified pulmonary physician reviewed the records concluded that the patient would have in all likelihood left the hospital in good condition but for the negligence of the hospital staff. There was no indication of physician error in this case.

            Prior to filing a lawsuit, the hospital was contacted and agreed to participate in mediation. The case was settled without a lawsuit being filed. At the request of the hospital, the amount of the settlement remains confidential.

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Tony Laizure  recently settled a wrongful death medical negligence case against a Pawnee County physician and hospital.

The case involved the failure of the emergency room physician and nurses to recognize that the patient may have been suffering from a bleed in the brain, a medical condition known as a subarachnoid hemorrhage. Despite the fact the patient presented with all of the classical signs of a subarachnoid hemorrhage, the emergency room physician felt as though the patient was suffering from a reaction to a prescription medication. The patient was sent home, where 2 hours later he experienced a major bleed, and died shortly thereafter.

The patient was survived by his wife and three sons, who filed a lawsuit against the physician and hospital in Pawnee County District Court. The case was set for trial in November 2006, but settled. The terms of the settlement are confidential.

A subarachnoid hemorrhage is a medical emergency that requires immediate medical attention. Usually, the patient complains of one of the worst, if not the worst, headache the patient has ever experienced. Sometimes, the headache is accompanied by other symptoms such as nausea and vomiting, sensitivity to light, dizziness or seizure-like symptoms, although it is not necessary for these symptoms to be present.

If you or a loved one ever experiences these symptoms, you should proceed immediately to the emergency room. Be sure to tell the doctor you are having the worst headache ever, or that this headache is much worse than previous headaches. Once the doctor suspects a subarachnoid hemorrhage, the treatment of choice is a CT scan. This will help the doctor to see if there is indeed a bleed in the brain. The other treatment is a spinal tap or lumbar puncture, done to see if there is any blood in the spinal canal.

If you have any questions about this most important medical condition, call your physician. If you have any legal questions about this or other medical issues, call our toll free number at 1-800-798-2613 and ask for Tony Laizure.

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Welcome to Cookie's Corner.  Here you will be able to learn about the Laizure Family Dog, Cookie.  She is 5 years old. Cookie is a Goldendoodle.  Yes, that's right, a Goldendoodle.  She is half Golden Retriever and half Standard Poodle.  She weighs about 65 pounds.  I call her the "Will Rogers of Dogs" because she never met another life form she didn't like.  She LOVES kids and she is just the world's friendliest dog. 

We looked long and hard for a dog that would not shed, would be healthy, friendly to young children and had a good personality.  After many hours of research, we stumbled across the Goldendoodle website, www.goldendoodles.com where we found a lot of information about the breed, learned about reputable breeders and in the end, found Cookie.  It was hard work but it paid off.   I highly recommend this website and if you are looking for a great dog, I highly recommend a Goldendoodle. 

We bought Cookie from a very nice lady near Washington, D.C.  She shipped Cookie to us and we met her at the airport and brought her home.  She was only 8 weeks old.  She weighed about 10 pounds.  That was five years ago.  My, how the time has flown by. 

As I type this, Cookie is sitting close by looking out at Swan Lake, watching the ducks and the people go by.  She is such a great dog.

Cookie enjoys her walk around Swan Lake every morning.  She likes to watch the ducks, the people, the swan who is waitng for a new mate.

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What is a "premises liability" case, and how is it different from a "slip and fall"? The answer is that a slip and fall case is one kind of a premises liability case. Premises liability cases are those kind of cases where someone suffers an injury on the "premises" of another, due to the negligence of the person/company that owns or operates the premises. The premises could be a home, residence, rental property hotel, motel, business, retail store, restaurant, grocery store, home improvement store, amusement park, state fair, government building.

Those who own/lease property have a responsibility to make it safe for their guests, visitors and customers. That means keeping the property safe from any known dangers or other conditions that can cause injury to people. Perhaps the most common injury on a premises is a "slip and fall" where the guest or customer slips on a substance spilled on the floor and falls, sustaining an injury.

Is a property or store owner liable simply because someone falls and injures themselves at their home or store? The answer is no. Before they can be held liable, it must be shown that the property or store owner knew or should have known of the dangerous condition. For instance, if a person slips in some water at a fast food restaurant, that does not mean the restaurant is liable. It is possible that another customer spilled something on the floor just a few moments before the person slipped in it, or it is possible that whatever it was on the floor could not have been seen by store employees.

It is very common for places like restaurants, retail stores, home improvement stores etc to have video cameras that will show exactly what happened. So if your or anyone you know falls or are hurt in a business of any kind, you need to ask them to produce or preserve the video tapes for that day. You need to make this request in writing. It is also very common for the store owners to fill out an accident report, and you need to ask for a copy of that also.

Some property owners and homeowners have what is called "no fault" medical insurance, which will pay some of your medical bills even if they were not at fault. So if you are injured on someone else's property, you need to ask about no fault insurance (sometimes called medical payments or medpay), you need to get a copy of the accident report and you need to make sure they don't get rid of their video tapes or surveillance photos.

There are other types of premises liability cases. I have represented people who have been injured by faulty amusement park rides, dangerous bleachers, faulty automatic doors, the list goes on and on.

If you have any questions about your rights when injured on someone else's property, call me. As always, there is no charge to talk to me and you will be under no obligation to hire me. If I take your case, it will be done on a contingent fee, meaning I don't get paid unless I get a recovery for you.

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