LINKS FOR CONSUMER RIGHTS AND SAFETY

Worried about the safety of something you just bought? Want to know if a drug you are taking has been recalled?  Want to check consumer ratings for  a TV, car, appliance or other consumer good?  There are many, many links which provide this information for you.

Here are some of them.  Click on them and find out what you need to know to be safe.

U.S. Consumer Product Safety Commission--  http://www.cpsc.gov/ .  This agency protects the public from risk of serious injury or death from consumer products.  Find out about recalls of householdproducts, outdoor products and toys.

Food and  Drug Administration -- http://www.fda.gov/ .  Read about the latest recall of drugs which have been proven to be defective and dangerous to consumers.  This agency also regulates food.  Recently, many foods have been recalled for safety reasons.  Keep up with the latest developments at this most important website.

 Consumer Reports -- http://www.consumerreports.org/ . Product reviews and Ratings on cars, appliances, electronics and more from Consumer Reports.  Before you buy a new car, appliance, stereo, TV, electronic device, visit this website and find out how the product has performed.  Read reviews and comments from professionals and consumers.  This is a VERY helpful website.

 RipOff Report -- http://www.ripoffreport.com/ . This is an interesting website where you can read about complaints customers have filed against all types of companies, post your own complaint and find out what you can do when you are mistreated by a company from whom you have bougt something.

Oklahoma Fit Kids Coalition -- http://www.integrislifespan.com/home.html . More than 40 Oklahoma organizations have banded together to lead the fight against childhood obesity, one of the most serious health problems in our state.  Click on this link to find out more about this crisis and what you can do to help protect our most valuable assets, our children, from the dangers of childhood obesity.

LET'S PROTECT OUR FUNDAMENTAL RIGHTS

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

Settling Your Case -- Usually A Good Thing

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.



Jury Trials - - Is Your Lawyer Really A Trial Lawyer

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.