Thank You Note

Genevieve Zimmerman received a letter from an educator who wanted to express their gratitude for the work the Zimmerman’s did to support the Pozner family – who lost their son during the Sandy Hook massacre in December 2012. We appreciate the kind words and are always dedicated to helping families in need.

2019 Attorneys of the Year: Leonard Pozner/Sandy Hook defamation case

Leonard Pozner did not want to litigate whether a mass murder at Sandy Hook school in Newtown, Connecti­cut, really happened in 2012. If James Fetzer and Alex Jones want to perpetrate that canard, Pozner refused to assist them.So Pozner, who lost his son Noah, sued Fetzer, the author of “Nobody Died at Sandy Hook,” for defamation for alleging in the book that Pozner released a false death certificate, a crime in Connecticut.Jake Zimmerman and Genevieve Zimmerman secured a damage verdict for $450,000 against Fetzer. They did not earn a fee for the case and paid the costs themselves, with the assis­tance of Genevieve’s firm, Meshbesher & Spence.

Army Veterans awarded $7.1M Over Defective 3M Earplugs

Three Army veterans have been awarded $7.1 million in damages over defective 3M earplugs. A federal jury in Florida found that 3M Co. failed to warn about design flaws in earplugs widely sold to the U.S. military that ultimately caused hearing loss. More than 230,000 service personnel have sued 3M, claiming that the manufacturer knew its Combat Arms earplugs (CAEv2) were defective and yet sold them anyway without warnings.

Bair Hugger Warming Devices Confirmed to be Source of Airborne Microbial Contamination

Dr McGrory recently conducted a pilot study at Maine Medical Center evaluating perioperative body temperature in patients undergoing total joint surgery.  All patients in the study received pre-operative warming at 41-degrees Celcius with 3M’s Bair Hugger forced air warmer and intraoperatively they received warm cotton blankets out of common blanket warmers and in-line IV fluid warming with 3M’s Ranger fluid warming device. This podcast provides valuable information regarding the controversy surrounding Bair Hugger and unpacks related Bair Hugger legal battles, medical literature, and corporate competition.

Warming devices may be source of airborne microbial contamination, but fix is possible.

Important safety news published in Anesthesiology News today finding Bair Hugger machines harbor bacteria and “may be significant sources of contamination.” They go on saying, “[we] can say with certainty that the Bair Hugger is contributing airborne microbes into the air.” In an operating room, this is dangerous for patients and must be addressed.

Tailbone Removed Following a Highway Crash

Derek represented an 18-year-old in the St. Cloud area who was pushed off the highway by a distracted driver. The force of the crash aggravated a prior tailbone injury she had suffered in middle school. Ultimately after two years of treatment the client had her tailbone surgically removed to alleviate the pain. The other driver’s insurance company denied responsibility and never admitted the tailbone injury was aggravated by the crash. Derek filed the lawsuit against the at-fault driver at a binding arbitration. Derek continued to pursue the case against the 18-year old’s own insurance for underinsured motorist benefits. The client’s total recovery helped her start her college education and place a down payment on a home.

22-Year-Old Developed Carpel Tunnel Syndrome Over a Year After Crash

Derek represented a 22-year-old who was hit while sitting in her car at an intersection. The insurance company for the other driver never admitted liability and insisted that the force of the crash could not have resulted in any injury to the client. The insurance company sent the client to an adverse medical examination and the reviewing doctor wrote a 50-page opinion about why he believed the client wasn’t hurt. The client ultimately had carpel tunnel surgery fifteen months after the crash. Derek started a lawsuit against the at-fault driver and the case was submitted to binding arbitration. At arbitration Derek’s client was awarded $54,464.07.

Poorly Maintained Handicapped Parking Spot Kills

Derek Represented the heirs and next of kin of a client who tripped on a crack in a very poorly maintained parking lot. The fall caused the 83-year-old client to break her hip, unfortunately she succumbed to her injuries and tragically passed away. The parking lot was leased and both the owner and the tenant feverously denied liability. Derek brought a lawsuit against both defendants and brought in a parking lot expert to offer an opinion as to the safety of the lot. The case settled at mediation, but more importantly to the family of the client the parking lot was re-poured over the portion where the client had fallen. This case was especially rewarding because it led to a safety change that will protect others in the future.

T Bone Crash for a Client with Seven Prior Concussions

Derek pursued case against a driver who blew through a stoplight and hit his client on the passenger side. The force of the impact caused the client to hit her head on the driver side window. Unfortunately, the client had a long history of concussions with at least seven prior reported concussions. The insurance company for the driver who hit the client put up a fight but ultimately offered their policy limits. Derek’s work on the case allowed the client to pursue additional claims against her own insurance for underinsured motorist claims. The total settlement satisfied all outstanding medical bills, wage loss and allowed the client to help move forward with her life after this devastating accident.

Negligently Constructed Outdoor Stairway at Dog Grooming Shop Causes Fall

Rachel’s client fell on negligently constructed outdoor stairway leading to a dog grooming shop. Rachel was able to show that the stairs were dangerous and in violation of building codes as they were built with different height risers which caused an uneven experience for her client when using the stairs to leave the shop. To add to these issues, these “funhouse” stairs did not have a necessary handrail, which made it so that when her client started to lose her balance, there was nothing to reach out and grab to save her from tumbling and breaking her ankle. A confidential settlement was reached to compensate her client for her injury, resulting in pain and disability as well as a second surgery to remove surgical hardware.