Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.
Client, a minor, suffered life-threatening injuries including a traumatic brain injury with skull fractures and partial paralysis following a collision with a semi-truck. The trucking company and its insurer initially denied liability. Successful prosecution required careful navigation of issues including comparative fault, product recalls, and regulations governing trucking companies and their employees. Case settled before trial for $6,000,000 – the full amount of available insurance coverage.
Client suffered multiple injuries including a broken jaw and broken femur in an auto accident. Evidence showed that the driver who caused client's injuries was under the influence of alcohol at the time. BG Law obtained a trial court judgment for client in the amount of $700,000.
Client suffered severe burns to both feet during a pedicure requiring multiple skin graft surgeries. Client had diabetic neuropathy and was unable to feel the extreme temperature of the water. Case settled prior to trial for $1,000,000.
Husband and wife sustained multiple fractures when a truck failed to stop at stop sign and collided with their vehicle. No surgery was required for injuries and clients made a full medical recovery. Case settled before trial.
Client was exiting a building and attempted to use the freestanding handrail when descending stairs. Handrail was loose and wobbled back and forth, causing the client to fall. Client suffered a torn rotator cuff and required multiple surgeries. Case settled before trial.
Class action prosecuted against St. Louis hospital group related to unfair billing practices. Hospital group was denying accident injury victims with health insurance the benefits of their insurance by refusing to submit hospital bills to the health insurance carrier for adjustment (reduction) and payment, opting instead to pursue the full amount of the bills pursuant to liens against third party recovery and medical payment benefits from auto insurance policies. 2,735 class members were eligible for an average class payment of $2,100, with the full settlement value of $2,100,000.00.
During biopsy of a lymph node to evaluate for lymphoma, a cardiothoracic surgeon perforated the esophagus of a patient. The esophageal perforation was not diagnosed immediately or for several days after the patient was discharged, despite the presence of symptoms prior to discharge and the patient calling the doctor’s office and complaining of unusual problems two days later. Case was settled prior to trial for $200,000.
Class action brought against health insurance carrier of federal employee for seeking reimbursement of health insurance benefits paid when the injured employee recovered in settlement with the party who caused the wreck. Missouri law generally prohibits health insurance carriers from seeking such reimbursement. Insurance carrier argued that provision in Federal Employee Health Benefits Act (FEHBA) allowed terms of the private contract between federal government and insurer to supersede state law. Case went up on appeal to the Missouri Supreme Court and the U.S. Attorney General’s office argued in favor of the insurance carrier’s position. In a unanimous decision, the Missouri Supreme Court adopted Blake’s arguments and became the first state supreme court in the nation to hold that a state law prohibiting subrogation/reimbursement was not preempted by the terms of a FEHBA contract. Subsequently reversed and remanded by the United States Supreme Court.
Class Action against Kansas City area hospitals for refusing to submit auto accident claims to a patient's health insurance. The case was successfully appealed to the Missouri Court of Appeals for the Western District, creating new consumer-friendly case law in Missouri and paving the way for global settlement in a companion case, Welschmeyer v. St. Luke’s, et al. The settlement was valued at over $4,000,000.00 and included settlement payouts to class members, waiver of pending hospital liens and future injunctive relief.