Nearly two thousand women have reported their Paragard IUD breaking, causing health complications and the need for additional corrective surgery.

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.

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.

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.

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.

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.

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.

Rachel successfully petitioned police to change incorrect information in a police report which showed her client at fault for riding his bike in a marked crosswalk when he was hit by a minivan driven by a distracted driver. Based on the police report, the insurance company insuring the distracted driver had denied the claim, stating the bicyclist was in the wrong place. Using city ordinances and state law, Rachel went to bat for her client and got the police to change the report which helped prove to the insurance company that they were incorrect and should pay for the client’s ankle fracture injury. The case successfully resolved at a pre-trial mediation for policy limits.

Rachel represented a client who was injured on school district property when roof drains caused a large pool of thick dangerous ice to form over the only walking path. Her client fell, resulting in a complex ankle fracture. Rachel was able to show that the school district knew about the drainage issue for several years and yet they failed to correct the problem. 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.

Rachel pursued a mistaken driver identity case which resulted in both physical injuries from the crash as well as reputational harm due to false criminal charges. In this unique claim, Rachel’s client (who was a passenger) was wrongfully accused of being the drunk driver by the actual drunk driver after a major single vehicle crash. Due to the client’s head injury, she was unable to remember the crash, and police mistakenly charged her with a DWI. Investigation revealed independent witnesses who correctly identified the true driver and Rachel brought both personal injury and defamation claims against the true driver of the vehicle. Rachel kept the pressure on by making a motion to the Court to amend the Complaint to add punitive damages due to the damage to the client’s reputation. The case was resolved with a confidential settlement before trial.