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Healthcare - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Lawyers
  • Full Description
  • Result
  • Employee vs. Independent Contractor
  • Defendant Health Insurance Company
  • Todd A. Roberts
  • The sales agents of a health insurance company claimed they were employees despite expressly agreeing they were independent contractors.

     

     

  • The case was successfully tried to a conclusion favorable to our client before the Unemployment Insurance Appeals Board.

  • Product Liability
  • Santa Clara County Superior Court
  • Defendant Plastic Container Manufacturer
  • John A. Koeppel
  • Defended a plastic container manufacturer in a product liability action involving a disabling brain injury and serious physical injuries to a 42-year old father of three. The plaintiffs alleged that our client’s grape transport bin could not be safely trucked due to an alleged failure to warn. The bin separated from the vehicle in which it had been loaded, falling onto the highway where the plaintiff struck it at a high rate of speed on his motorcycle. Experts on both sides ranged from safety engineers to accident reconstructionists to physical medicine specialists.

  • The case was tried after the plaintiffs made an eight figure demand, and settled favorably after four weeks.

  • Catastrophic Injury
  • Santa Clara County Superior Court
  • Defendant Manufacturer
  • John A. Koeppel
  • Defended a manufacturer in a suit in which the plaintiff was a business invitee who claimed total disability resulting from back, shoulder and arm injuries when he was struck by a falling pallet of empty 50 gallon drums. The plaintiff sought compensatory and punitive damages based on earlier incidents under similar circumstances. Surveillance footaGE of the plaintiff indicated that his injuries were considerably less serious than alleged.

  • The case settled favorably after two plus weeks of evidence were presented to a jury.

  • Personal Injury; Wrongful Death
  • San Francisco County Superior Court
  • Defendant Ground Transportation Service
  • John A. Koeppel
  • Defended a ground transporation service in an action involving a high speed auto accident involving two pedestrians in inclement weather. The case included a wrongful death action and a personal injury action for an individual who suffered a brain injury and disabling, crushing injuries to his legs. Our firm was retained six weeks before trial, after expert disclosure. Review of medical records indicated both pedestrians were under the influence. Working with an accident reconstruction expert and photographic reconstruction expert, the defense visually recreated the scene of the accident under comparable rain conditions. We also unilaterally disclosed and deposed a toxicologist regarding the intoxication issue. The plaintiffs' demand totaled $10,000,000, representing our primary and excess limits. At mediation, our experts narrated the film reconstructing the accident and we highlighted the deposition testimony of our toxicologist.

  • The action eventually settled for approximately 20% of the original demand.

  • Unfair Business Practices
  • San Francisco County Superior Court
  • Plaintiffs Group of Chinese-Americans
  • Thomas H. Clarke, Jr.
  • Represented a group of five Chinese-Americans who were the purchasers of a pill which contained calcium combined with a oxidized form of Vitamin C. Our clients were class representatives in an Unfair Business Practices and Consumer Legal Remedies class action against a company that advertised extensively in the Chinese-American community regarding the product. The radio, television, and print media advertisements asserted that the product would provide several dozen benefits, including protecting the intelligence, increasing the I.Q. and “perfecting the structure of the cerebral tissue” of children, healing a herniated disk,curing edema and osteoporosis, providing more energy, healing cartilage, tendons, and muscles, eliminating virtually every ache and pain known to humankind, and not interfering with any prescription drug. All of the claims were false.

  • The case settled following the first day of trial. Pursuant to the settlement, all consumers were entitled to seek reimbursement of their outlays for the purchase of the product.

  • Copyright Infringement
  • Northern District- San Jose Division District Court
  • Defendant; Software Manufacturer
  • Michael J. Ioannou, Lita M. Verrier
  • Represented the defendant in a copyright infringement and related torts case concerning a license agreement in the medical software field.

  • Negotiated a favorable settlement for our client.