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 The cases set forth below are a sampling of results
achieved for our clients. This is a partial list and does not constitute
a promise of any kind. Please remember that these cases and the
results achieved were determinant on many factors and results differ
from case to case depending on the circumstances particular to each
instance.
Barbaro & Valentine specialize in complex civil litigation, including
nursing home & elder abuse cases.
| $1.7 million |
Medical Malpractice claim against
OB-GYN and Hospital due to acute hypoxic brain injury to a
newborn baby during delivery. Allegations included excessive
use of Pitocin and failure to timely deliver the baby even
though baby was showing significant stress and tachycardia. |
| $1.5 million |
Elder Abuse claim against rehabilitation
hospital and acute care hospital for failing to reposition
Plaintiff and allowed him to lay on a deflated air mattress
resulting in the development of multiple pressure sores. Plaintiff
had quadri-paresis and thus was unable to reposition himself.
Allegations included corporate ownership pattern and practice
of understaffing. |
| $1.4 million |
Wrongful Death claim against
HMO medical group for failure to diagnose colon cancer in
a 34 year old male. The patient died an untimely death and
the claim was brought by his surviving wife. |
| $1.0 million |
Elder Abuse claim against Skilled
Nursing Facility for the death of a 78 year old woman with
Alzheimers who was allowed to fall in the shower when the
facility didn't have the appropriate level of staff to appropriately
assist her. The patient suffered a broken hip which was ignored
for two days before treatment was provided at a local acute
care hospital. The patient ultimately died from complications
from the hip fracture. |
| $850,000 |
Elder Abuse claim against Skilled
Nursing Facility and Corporate chain for failing to provide
appropriate interventions to prevent elderly woman from falling
despite her being at high risk for falls. Allegations included
that the patient was allowed to lay in urine and feces for
extended periods of time due to understaffing at the facility.
It was further alleged that the understaffing was a chronic
problem which was known to the Corporate owners but intentionally
ignored. |
| $600,000 |
Medical Malpractice claim (including
punitive damages) against a Pain Management and Physical Rehabilitation
Physician who hide the true nature of the substance that he
injected into his patient's brachial plexus. The patient's
arm was permanently partially paralyzed due to the injection.
|
| $500,000 |
Elder Abuse claim against Skilled
Nursing Facility for failing to reposition elderly man and
allowing him to develop several large pressure sores. |
| $450,000 |
Elder Abuse claim against Skilled
Nursing Facility for failing to monitor and assess their elderly
resident. As a result of these failings, the elderly resident
became malnourished, dehydrated and developed pneumonia from
which she ultimately died. |
| $350,000 |
Wrongful Death claim against
Radiologist for failure to appreciate tumor on chest x-ray.
Tumor was not diagnosed until 2 years later but by then it
had become metastatic. The patient died at the age of 57.
The claim was brought by his surviving wife. |
| $330,000 |
Elder Abuse claim against Residential
Care Facility for having untrained staff who failing to monitor
and assess their elderly resident. The facility's staff placed
a curled up plastic mat next to the residents bed despite
the fact that the resident suffered from Alzheimers and shuffled
when he walked. After the resident tripped over the mat and
broke his hip, the staff put him to bed and delayed many hours
in informing anyone of his condition and in obtaining medical
treatment. |
| $313,000 |
Medical Malpractice claim against
Electophysiologist/Cardiologist for performing an unnecessary
cardiac ablation on a 23 year old female. After performing
the procedure too aggressively and causing the patients heart
to bleed, the physician then delayed in diagnosing cardiac
tamponade which resulted in a thoracotomy as opposed to a
periocardiocentisis. |
| $250,000 |
Wrongful Death of 60 year old
female following an IV infiltration during routine surgery.
The IV infiltratation in the patient's hand went undiagnosed
for so long that it caused the cells in the hand to die. When
a fasciotomy was performed to try to save the patients hand,
the dead cells flowed into the patients blood stream causing
DIC and the patient passed away. |
| $245,000 |
Wrongful death of 55 year old
father and husband when his surgeon used an inappropriate
staple gun during a surgery to remove a portion of the patient's
lung. The staple gun did not work properly on the tissue upon
which it was used. The patient died from excessive bleeding.
|
| $225,000 |
Wrongful Death claim against
Acute Care Hospital and Emergency Room Physician for ignoring
the complaints of a bipolar, manic depressive patient who
presented to the emergency room complaining that she felt
she was going to die. Despite a chest xray which showed that
the patient had congestive heart failure, (which was misread
by the ER doctor and misrouted by the hospital), the patient
was assumed to be crazy and was admitted to the psychiatric
ward. She died of congestive heart failure while restrained
and labeled 5150 in the psychiatric ward. The claim was brought
by her daughter. |
| $210,000 |
Elder Abuse and Negligence claim
against Skilled Nursing Facility and Corporate owners for
failing to reposition patient leading to development of pressure
ulcer. Furthermore, patient developed pneumonia from which
he died. However, the facility failed to even recognize this
condition. |
| $210,000 |
Wrongful death claim against
Anesthesiologist for failing to timely appreciate that patients
blood pressure had dropped and that patient was anemic. Rather
than give the patient blood, the physician gave her too much
saline which caused her to go into cardiac arrest. |
The law firm of BISNAR & CHASE is dedicated to each client
receiving the absolute best legal representation possible.
| $250,000 |
Premises Liability, closed head
injury. |
| Confidential Settlement |
Auto Products Liability case
against Daimler Chrysler Motor Company and the rental car
agency that rented a 15-passenger van to a group of friends
going from Los Angeles to Las Vegas for a birthday party.
The fifteen passenger, Ram 350, van rolled over, roof crushed,
seat belts failed and passengers ejected. Multiple deaths
and serious injuries. |
| Confidential Settlement |
Auto Products Liability
case against Ford Motor Company and the rental car agency
that rented a 15-passenger van to a church group traveling
from Southern California to Northern California for a church
function. The fifteen passenger, F350, van rolled over, roof
crushed, seat belts failed and passengers ejected. Multiple
deaths and serious injuries. |
| Confidential Settlement |
Negligence case against an aircraft
rental company due to their plane crashing on take off, killing
the pilot and one passenger and severely injuring another
passenger. |
| Confidential Settlement |
Auto Products Liability case
against Ford Motor Company and the maker of a failed seatbelt,
TRW. Negligence case against U-Haul the renter of the truck
that caused the accident for negligent maintenance and failing
to instruct the driver. Auto vs. Auto negligence case against
the driver of the U-Haul truck. A minor child was paralyzed
and eventually died as a result of a three vehicle collision
involving two Ford Explorers, both rolled-over, a seat belt
failure (false latching) and the failure of the roof of one
of the Explorers. Driver injured due to roof crush. |
| Confidential Settlement |
On the job injury, products
liability case against supplier of materials that “exploded”
when worker was cutting 55 gallon drums for disposal. Worker
suffered third degree burns to 75% of the front of his body. |
| $3 Million+ |
Motorcycle vs. Auto Accident.
Client’s previous attorney insisted that client settle
case for the $15,000 policy limit of the negligent auto driver.
Case was eventually settled for cash up front, an annuity
(a stream of guaranteed payments for life) and payment of
the workers’ compensation insurance reimbursement rights.
(See below for full story*). |
| Confidential Settlement |
Auto Products Liability case
against General Motors for the roll over and roof crush of
a Tahoe resulting in the death of the driver and a passenger. |
| $2,815,958 |
Judgement in a construction work site accident
case against the builder of a fence that collapsed and injured
two workers and the loss of consortium rights of the wife of
one of the workers. |
| $2.5 Million |
Premises Liability case against
State of California, Department of Parks and Recreation. State
was negligent in the maintenance of trees at Lake Perris.
A eucalyptus tree limb fell (summer branch drop) on park visitor
causing paralysis. Client’s previous law firm, after
representing client for eight months, told the client she
“had no case” and gave her back her file before
bring it to Bisnar & Chase. |
| Confidential Settlement |
Auto Products Liability case
against Ford Motor Company for failure of front seat system
which resulted in the death of a child rear seat passenger
in a 30 mile an hour rear end impact auto accident. |
| $1,425,000 |
Auto accident caused by dangerous
condition left on freeway by CalTrans (State of California)
contractors resulting in the death of two teenagers. |
| $1,250,000+ |
Auto vs auto accident which
included a failure of client’s (the driver) restraint
system (seat belt anchor). Within fifty days of being hired
and through the diligence and tenacity of the law firm’s
staff, insurance policies were located and policy limit settlements
were arranged. (this was partially due our reputation with
the insurance companies and their attorneys). We are now proceeding
against Nissan Motors on the products liability claim and
seeking punitive damages. The seat belt anchor system was
designed so weak that it evidenced “a conscience disregard”
for the safety of the seat belt user. |
| $1,000,000+ |
Auto vs. Auto accident with
two spinal surgeries. Collected defendant driver’s policy
limit. Won a binding arbitration award for the policy maximum
from the injured tow truck driver’s employer’s
insurance company. Settled an “insurance bad faith”
lawsuit against the employer’s auto insurance company
for their failure to fairly handle the initial uninsured motorist
claim costing the client nearly a year time delay in a resolution
and costing him additional attorney’s fees and costs
to prosecute the binding arbitration. |
| $1,050,000 |
Premises liability case against
a restaurant and the building’s owner for negligent
maintenance of an elevator. A 93 year old women tripped on
the miss-leveled elevator as she was exiting and suffered
a broken hip. Case settled on the first day of trial. |
| Confidential Settlement |
Auto Product Liability case against General Motors
for the death of an adult daughter killed when the roof of Chevrolet
pickup crushed during a roll over accident in Mexico. |
| Confidential Settlement |
Auto Product Liability case
against General Motors for seat belt failure in a Chevrolet
pickup resulting in a passenger being thrown through the front
windshield when the truck went into a ditch. Concussion and
facial scaring. |
| Confidential Settlement |
Insurance “Bad Faith”
against UNIUM and Provident Insurance. UNIUM,
Provident Insurance refused to continue disability payments
after the insured had been injured in an auto accident. Federal
Court. |
| Confidential Settlement |
Auto Product Liability case
against Susiki Motors. Winds caused driver to lose control
of Susiki Samuri resulting in the Samuri rolling over and
killing a teenage passenger. |
| Confidential Settlement |
Auto Product Liability case
against General Motors for roof failure (roof crushed in on
driver) and against a brake shop for brake failure in a Chevrolet
pickup. Driver sustaining a spinal injury when the truck’s
brakes failed and the truck went off the side of a mountain
road and the roof crushed in on the driver’s head. |
| $825,000+ |
Bus vs. Pedestrian on-the-job
injury. Concussion. Settlement also included Metro Link pay
additional funds to reimburse workers’ compensation
insurance company. |
| $520,000 |
Auto accident where building
materials from freeway construction site hit plaintiff’s
car. CalTrans freeway construction contractor initially denied
liability. Extensive discovered uncovered a cover up of evidence
by the CalTrans contractor who then settled just before trial.
|
| $750,000 |
Auto vs. Auto accident. Collected
total of defendant’s insurance and then arbitrated client’s
uninsured motorist claim. Her insurance company insisted that
she was not entitled to the full policy limit until moments
before starting the binding arbitration with the threat of
an insurance bad faith case hanging over their heads.
|
| $500,000 |
Auto vs. Auto, clients previous
attorney recommended settling for less than $200,000 after
a surgery. Uninsured motorist claim settled for $650,000 with
questionable causation and injuries plus recover from defendant
driver. |
| $514,000 |
Premises Liability vs. CalTrans.
Client’s previous attorney insisted that he settle for
CalTrans’ $40,000 offer due in part to derogatory evidence
of a personal nature against the client and the costs of going
to trial. Case settled on the first day of trial after we
successfully argued pre-trial motions to exclude the personal
derogatory evidence at trial.
|
| $425,000 |
Assault and Battery on a BMW
dealer’s general manager by former NFL player. Settled
on the fourth day of trial. Post concession syndrom. |
| Confidential Settlement |
Auto vs. Auto accident. Defendant
was uninsured. Client’s uninsured motorist insurance
carrier refused to pay her claim. We won a policy limit award
at the uninsured motorist arbitration. Due to her insurance
companies “bad fath” and negligence in handling
her claim, we sued the insurance company. The “bad faith”
claim was settled for a “confidential amount”.
|
| $300,000 |
Auto vs. Auto accident. This
elderly client had been represented by former attorney for
over six months. We took over representation, conducted our
investigation, gathered the evidence, made her claim and settled
it for policy limits, twenty times more than she was expecting,
in less than two months from beginning her representation.
|
| $300,000 |
Road design defect against CalTrans. |
| $300,000 |
Auto vs. Pedestrian. Defense
contended that our client was negligent in “J”
walking, stepping out into the street in the face of an on
coming vehicle and was attempting to commit suicide when he
stepped into the street. The defense settled for their policy
limit rather than risk us winning an even greater amount at
trial.
|
| $292,000 |
Wrongful death auto accident. |
| $275,000 |
Judgement against the owner
of a dog who bite a young boy in the face. $25,000 of the
money was a settlement against the owner/landlord and leasing
company of the premises where the dog was housed and where
the boy was attacked.
|
| $250,000 |
Trucker delivering to Carl’s
Jr’s. Anaheim warehouse was injured by a forklift driver
while on loading dock.. Case taken over from previous attorney
who was not equipped to go to trial.
|
| $250,000 |
Legal Malpractice case against
client’s former attorney who failed to file her auto
products liability case timely. |
| $200,000 |
Auto vs. Parked Commercial vehicle.
Death of daughter passenger in auto that ran into illegally
parked semi-truck. Parents refused to accept settlement offered
during trial which was Multiple times higher. |
| $185,000 |
Class action lawsuit against
cellular phone company for changing employee compensation
plan and failing to pay bonuses previously earned.
|
| $165,000 |
Auto vs. Auto accident. |
| $150,000 |
Plaintiff injured while walking
through his condominium parking lot to his unit at night.
Pipes attached to the top of a plumbing truck created a hazard
in the dark. |
| $150,000 |
Auto vs. Auto - surgery. |
| $150,000 |
Auto vs. Auto - policy limit. |
| $145,000 |
Auto vs. Auto accident. Settled
for total of multiple auto insurance policies that we were
able to discover and then “stack”. |
| $140,000 |
Auto vs Auto. Settled auto claim
on behalf of injured party for the $100,000 policy limit and
then collected $40,000 additional for family member who was
traumatized by witnessing injury (Dillon claim). |
| $137,000 |
Auto vs. Pedestrian. |
| $125,000+ |
Slip & Fall case against
Wal-Mart. The defense attorneys before the trial bragged that
they had NEVER lost a Wal-Mart case and they would go up on
appeal it they lost. Jury awarded $125,000 and Wal-Mart appealed.
Wal-Mart eventually settled appeal paying more than the original
jury award. |
| $125,000 |
Auto vs. Auto - surgery |
| $109,000 |
General Negligence against a
restaurant. Patron was “goated” into going on
stage by female impersonator who then injured him by “dropping”
on him.
|
| $109,000 |
Auto vs. Auto |
| $109,000 |
Award in Premises Liability
- Salon chair collapsed injuring patron leg. Infection and
scarring. |
| $108,000 |
Auto vs. Auto |
| $101,000 |
Legal malpractice against attorney
who dropped client’s case and gave her the wrong date
by which she had to file a lawsuit. |
| $100,000 |
Dog bite. Postal worker received
a minor bite and psychological injury due to incident. Policy
limit. We have handled numerous postal worker, meter reader,
pool service, UPS and FedEx dog bite cases. These people are
exposed to dangerous dog’s on a daily basis. |
| $100,000 |
Minor girl bitten on the head
and neck under the hairline. Also recovered for her 12 year
old brother and mother who were both traumatized by witnessing
event (Dillion Claim). Actual ultimate recovery much higher
due to funds being paid through an annuity when the children
are college age. |
| $100,000 |
Auto vs Auto accident, policy
limit. We have many dozens of case histories of $100,000 policy
limit recoveries. Our systematic approach to cases in general
and auto accident cases particularly, positions our client’s
to recover policy limits by exposing the defendant’s
insurance company to a judgment potential in excess of the
policy limit, in which case they would be forced to pay the
entire judgment, regardless of their policy maximum limits.
|
| $100,000 |
Minor girl bitten by neighbor's
dog, policy limit. Settled under ninety days from the date
of injury. We have a history of numerous policy limit dog
bite case recoveries, especially on the behalf of children.
This one is unique because we recovered the policy limit in
such a short time. |
| $100,000 |
Auto vs. Pedestrian, policy
limit. |
| $100,000 |
Auto vs. Auto, policy limit. |
| $100,000 |
Dog bite (mother’s dog),
policy limit. |
| $100,000 |
On-the-job auto vs. auto accident,
policy limit. |
| $100,000 |
Auto vs. Auto -surgery recommended,
policy limit. |
| $100,000 |
Auto vs. Auto, $1,200 property
damage to plaintiff’s vehicle. Previous attorney insisted
that client settle for the $7,500 being offered by defense
insurance company. |
| $100,000 |
Auto vs. Auto, policy limit. |
| $100,000 |
Auto vs. Auto, policy limit
on both third party and under insured motorist policy. |
| $90,000+ |
Construction site accident against
general contractor and land owner, both of which denied any
liability whatsoever. Recovery included waiver by workers’
compensation carrier of reimbursement. |
| $93,703 |
Auto vs. Auto. $500 in property
damage. Exposed policy limit and insurance company was forced
to pay entire judgment, which was in excess of the auto insurance
policy limit. |
| $90,000 |
Premises liability against Victoria
Secrets retail store for injuries sustained when a display
item fell and injured shopper. Previous attorney suggested
abandoning case due to the complexities and the liability
issues. |
| $75,000 |
Dog bite to minor child by grandparents
dog. |
| $75,000 |
Auto vs. Auto - Major pre-existing
injuries. |
| $75,000 |
Auto vs. Auto. |
| $70,000 |
Auto vs. Auto, meniscus surgery. |
| $60,000 |
Slip & Fall at a McDonalds’.
Broken elbow. |
| $56,000 |
Auto vs. Auto accident - meniscus
surgery. |
* Injured motorcyclist - $3 Million
after his previous attorney advised that his claim was worth only
$15,000.
On a normal, fully scheduled day, John Bisnar received an urgent
call from a business associate, a local realtor. The caller frantically
explained that her brother-in-law was in a Sacramento hospital,
his doctors had recommended a complicated, risky surgery, and he
was panicking about what would become of his family and about payment
of the mounting medical expenses. She further explained that her
brother-in-law was desperate to get answers from his attorney about
these issues before consenting to surgery, that his attorney was
not returning calls and his attorney had previously advised that
his case was only worth $15,000, the maximum amount of insurance
of the negligent automobile driver.
Mr. Bisnar immediately spoke to the injured man and quickly realized
that this was not a consultation to have over the phone. Mr. Bisnar
canceled the rest of his day and took the next flight to Sacrament.
Once Mr. Bisnar arrived at the hospital, the injured man explained
that he was hit by a car while on his motorcycle in the course of
running an errand for his employer. He said he had hired a nationally
known motorcycle accident attorney and that the attorney advised
him that the negligent driver's insurance limit was $15,000 and
that was the total value of his claim. He went on to explain that
his doctors had advised him that he could lose his leg (it was eventually
saved).
After Mr. Bisnar answered his questions, advised him regarding
his Workers' Compensation benefits and explained that his attorney
probably was right about the $15,000 value of his claim. The injured
man asked to hire Mr. Bisnar, explaining that he had received more
information from Mr. Bisnar about his circumstances, his rights,
his options and the probable outcome of his case than he had received
from his present attorney after weeks of representation. Mr. Bisnar
reluctantly accepted.
An immediate investigation uncovered that the negligent driver
was a route salesman for a beer distributor and was probably on
the job at the time of the accident (although the employer initially
denied this). When the employer was advised of the results of the
Bisnar investigation, the insurance company for the employer offered
to settle the claim for a few hundred thousand dollars.
Mr. Bisnar did settle the claim with the beer distributor. The
total recovery included $750,000 in up front cash, all medical expenses
paid, Workers' Compensation liens satisfied, and an income for life
(future value of the "income for life" exceed $2,000,000).
If you suspect that a loved has been the victim of nursing home
abuse or neglect, you should seek the advice of an experienced California
Personal Injury Lawyer.
[an error occurred while processing this directive] California Nursing
Home Abuse Attorney Disclaimer: The nursing home abuse, elder neglect,
medical malpractice, hospital negligence, wrongful death, negligence,
personal injury or other California legal information presented
at this site should not be construed as formal legal advice or the
formation of a lawyer or attorney client relationship. Any results
set forth here were dependent on the facts of that case, and the
results will differ from case to case. This website is not intended
to solicit clients outside the state of California. Please contact
the California nursing home negligence lawyers at our law firm.
The lawyer to contact regarding this website is John Bisnar.
The Nursing Home Abuse Attorneys at Bisnar|Chase are licensed to practice in California, Nevada, Washington and New York. We represent Nursing Home Abuse clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their State, "pro hac vice", meaning "for this particular occasion". When in our client's best interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.
Copyright © 2010 BISNAR|CHASE, LLP - California
Nursing Home Negligence Lawyers - California Elder Abuse Attorneys
- Personal Injury Law Firm
serving the Southern
California counties of Los
Angeles, Orange
County, Riverside,
San
Diego, San
Bernardino, Inland
Empire, Fresno,
Ventura
and Santa Barbara. Also serving Nevada
personal injury victims. All rights reserved.
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