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NLD Stars 

NLD Star, Brian Galligan, of Galligan and Reid recently obtained a $5,500,000 verdict from a jury in a conservative county in Iowa in a medical malpractice, shoulder dystocia case for baby Nyasia Gerling who suffered global and severe injury to her brachial plexus nerves resulting in Nyasia having no function in her right arm.  It was Plaintiffs’ position that the delivering doctor and the obstetrical group failed to inform Nyasia’s mom, Ingrid, that she was at an increased risk for shoulder dystocia and offer the safer alternative of c-section.   It was also Plaintiffs’ position that the delivering doctor applied excessive traction to Nyasia’s head when faced with the shoulder dystocia situation at the time of delivery.  The defense maintained that there were no risk factors present that required the obstetrical group to inform Nyasia’s mom of an increased risk of shoulder dystocia and that the brachial plexus injury was caused by the forces of labor.  After 9 hours of deliberation the jury delivered a verdict for the Plaintiffs on both the lack of informed consent and negligent delivery/excess traction.   The verdict included damages in the amount of $5,500,000.  The damages verdict was all non-economic damages for loss of function, pain and suffering ($5MIL), and consortium ($500K).  

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NLD Star, Matt Morrison, of the Waco, Texas law firm Harrison Davis Steakley Morrison, recently obtained a $1,912,934 verdict in Bangor, Maine after less then two hours of deliberation for a medical malpractice case involving the negligent administration of the narcotic medication, methadone.  Plaintiff was a 59 year old woman who was over-prescribed methadone for pain and as a result she stopped breathing in her sleep and suffered brain damage from oxygen deprivation.  It was the defense’s position that the doctor’s 40 mg dosage was considered within the appropriate range according to the FDA and the Plaintiff failed to follow oral, undocumented dosing instructions and therefore was at fault for her own injury.  The jury found the defendant to be 100% responsible for the Plaintiff's injury.  
Case:  Charlene L. Whalen v. Arnold Memorial Medical Center, P.A. and Steven Weisberger, D.O. (CV-2009-104)
Court:   Superior Court, Penobscot County, Maine
Judge:  William Anderson             
Date:  April 12, 2012
Defense Attorney(s):  Chris Nyhan, Preti Flaherty (Portland, Maine)
 
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Congratulations to NLD Star, Nelson Boyle of the firm, Carter Boyle LLC, for being named the Colorado Trial Lawyers Association's New Trial Lawyer of the Year for 2012.  This award recognizes an attorney who has been in practice for fewer than 10 years and demonstrates the skill, ethics, and dedication embodied in CTLA’s mission.  In 2011, Boyle won a $200,000 verdict for a wrongfully accused immigrant client in a malicious prosecution case, he helped a retiree defend his First and Second Amendment civil rights in a successful lawsuit, and he authored a winning brief in an important statutory insurance bad faith case.  He also submitted an amicus curiae brief on behalf of CTLA in Averyt v. Wal-Mart, where the Colorado Supreme Court reversed the trial court's order for a new trial after a Weld County jury found for Holly Averyt and awarded her a fair verdict in a fair trial.
 
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Congratulations to NLD Star, Brandon Smith, of Childers, Schlueter & Smith, LLC who was recently nominated and selected in February of 2012 as a Georgia Super Lawyer Rising Star by Thomson Reuters and Atlanta Magazine. This distinguished honor is given to less than 2.5% of practicing lawyers in the State of Georgia.  Brandon was also recently selected as one of the 2012 Top 40 Lawyers Under 40 in Georgia by The National Trial Lawyers. This prestigious honor is reserved for America’s top young trial lawyers that exemplify superior qualifications, trial results, and leadership. It is by invitation only and based in part on peer nominations from fellow lawyers in the community from all over the United States.  Additionally, Brandon was also recently chosen as one of the 2012 Top 100 Trial Lawyers in Georgia by The National Trial Lawyers. This nationally recognized honor is reserved for America’s top trial lawyers in the State of Georgia that exemplify superior trial skills, abilities and results. In May of 2012, Brandon was invited and subsequently inducted into the highly respected Belli Society. The Belli Society is made up of some of the nations' best trial lawyers and is by invitation only.

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Congratulations to NLD Stars, Melissa Hague and Adrianne Walvoord Webb of the Anapol Schwartz law firm, who were recently selected as 2012 Pennsylvania Super Lawyers Rising Stars by Thomson Reuters and Philadelphia Magazine. This distinguished honor is given to less than 2.5% of practicing lawyers in the State of Pennsylvania

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NLD Star, Jessica Klarer Pride, along with her colleague Stephanie Baril of the law firm Casey Gerry Schenk Francavilla Blatt & Penfield LLP, obtained a $55,877 verdict in an auto case involving a rear end collision.  Where the demand was $22,000 and the highest offer was $7,500 by the insurance carrier, Allstate Insurance, the case preceded to trial on causation and damages (liability was admitted).  After a four day trial and over four hours of deliberations, the jury concluded that the collision was a substantial factor in causing all of Plaintiff’s alleged injuries.  The jury awarded damages in the amount of $55,877.00.  Plaintiff is also entitled to costs of $22,000.00.  What a great result for Jessica’s first jury trial as first chair, congratulations!  
Case: Ben Thomson v. Kathleen L. Gallagher and Russell W. Millican
Court: Superior Court of San Diego County, San Diego, CA
Judge: Randa Trapp
Date: 2/3/2012
Defense Attorney(s): Todd G. Glanz, Law Offices of Kim L. Bensen, trial counsel to Allstate Insurance Co., San Diego, CA

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NLD star, Matt Morrison and Andrew Tuegel of the Waco, Texas law firm Harrison Davis Steakley Morrison, recently obtained a $3,303,213 verdict in a medical malpractice/wrongful death action on behalf of the decedent's two adult children in one of the most conservative venues in the country, Davis County, Utah (a few miles north of Salt Lake City).  The plaintiffs alleged that the defendant-physician prescribed 14 times too much of the narcotic pain medication, methadone, which caused the patient to suffer severe respiratory depression and die within a few days of beginning the prescription.  The jury awarded each adult child $1,500,000 in wrongful death damages and burial costs of $3,213.  The jury also found that the physician was grossly negligent and awarded an additional $300,000.  Prior to trial, the defense offered $0.
Case: Robby Robinson and Lisa Robinson, Individually and as Personal Representatives of the Estate of Bradford Robinson v. Mountain View Family Care, P.C., Paul Ray Taylor, M.D., New Albertsons, Inc. d/b/a Sav-On Pharmacy
Court: District Court of the Second Judicial District in and for Davis County, Utah
Judge:  John R. Morris
Date:  3/16/2012
Defense Attorney(s): Counsel for Mountain View Family Care, P.C. & Paul Ray Taylor, M.D.: George T. Naegle and Brian C. Webber, Richards Brandt Miller Nelson, Salt Lake City, UT; Counsel for New Albertsons, Inc. d/b/a Sav-On Pharmacy: Todd Hilbig and Andrea Keysar, Morgan Minnock Rice & James, LC, Salt Lake City, UT

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Congratulations to NLD Star, Nelson Boyle for being named the Colorado Trial Lawyers Association's New Trial Lawyer of the Year for 2012.  This award recognizes an attorney who has been in practice for fewer than 10 years and demonstrates the skill, ethics, and dedication embodied in CTLA’s mission.  In 2011, Boyle won a $200,000 verdict for a wrongfully accused immigrant client in a malicious prosecution case, he helped a retiree defend his First and Second Amendment civil rights in a successful lawsuit, and he authored a winning brief in an important statutory insurance bad faith case.  He also submitted an amicus curiae brief on behalf of CTLA in Averyt v. Wal-Mart, where the Colorado Supreme Court reversed the trial court's order for a new trial after a Weld County jury found for Holly Averyt and awarded her a fair verdict in a fair trial.
 

To nominate an NLD Star, please fill out the nomination form and return to Melissa Hague, mhague@anapolschwartz.com and Pat Salvi, psalvi2@salvilaw.com, Co-Chairs of the AAJ NLD Publications Committee.


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