Cases

A Croatian immigrant who was a cross-country 18-wheel truck driver suffered a severe neck injury when his rig was broad-sided by another 18-wheeler on the Airline Highway north of Baton Rouge. The injury resulted in numerous epidural steroid injections and, ultimately, an anterior cervical fusion and discectomy. Restrictions in this man's neck motion after the accident affected his ability to drive trucks and he was thus relegated to other types of work activity that were not as lucrative as his truck driving business. The case settled for $495,000.00.

A Chevrolet van was traveling on U.S. Highway I-59 in the State of Mississippi when it was negligently rear-ended by a tractor trailer, killing three of the passengers. There was a dispute as to the condition of the van and whether it had recently pulled from the shoulder into the lane of the oncoming 18-wheeler. Utilizing accident reconstruction experts, we were able to prove that the truck driver was at fault. Kopfler & Hermann represented the adopted daughter of a passenger who was killed in the crash. The adopted father was paralyzed before the accident and had adopted his wife's daughter some four years before. Although they did not see each other much after her mother and father had separated, they kept in contact and had a close relationship. Following protracted discovery and settlement negotiations, the matter was compromised and settled in favor of the adopted daughter for the wrongful death of her father.

A family was traveling on Thanksgiving day to visit relatives on Highway 90 in St. Mary Parish, Louisiana, when, traveling in the opposite direction, a large 18-wheeler carrying a full load of sugar cane lost a wheel from its trailer. The trailer wheel crossed the median and struck the family's van, causing the driver to suffer a fractured leg and injuries to all the passengers. After investigation, and extensive discovery, it was determined that the trailer was owned by a large sugar cane concern which had a contractual relationship with sugar cane farmers and truck drivers. Although there was serious dispute as to who was responsible for the wheel coming off the trailer, we were able to successfully conclude the entire case for all the passengers involved.

A worker returning home was struck head on by a vehicle which had previously run off the road into a pothole on the shoulder. The action against the state, as the owner of the road, required proof that the pothole created an unreasonable risk of injury to motorists who inadvertently run off the road as well as those, like the worker we represented, who are innocent victims of roadway defects and driver negligence. Road design and safety experts presented crucial evidence of the effect of potholes on the steering actions of motorists who strike them, resulting in a resolution of the case for full damages.

A job superintendent for large petroleum pipeline projects injured his neck when his vehicle was hit from behind. While the superintendent chose not to undergo any type of surgical intervention, MRI and physical evidence clearly showed the existence of internal derangement of one or two disc levels in his neck which would have the effect in the future of causing him headaches and limitation of mobility.

A husband and wife enjoying a road-side fishing expedition were seriously injured when an out-of-control 18-wheeler crashed into their vehicle during a heavy thunderstorm. Kopfler & Hermann used sophisticated computer animation to show the severity of the impact and resulting injuries. A 15-minute video settlement brochure, which incorporated the computer animation with real life video scenes and still photos, provided the key tool in educating the truck company's insurers of the seriousness of the couple's injuries.

A minor impact rear-end collision caused disabling injuries to the forward vehicle's passenger, causing the insurance company to mount its defense on the premise that a minor impact cannot cause spinal injuries. Modern biomechanical and biomedical evidence overcame those defenses so that the passenger attained full compensation for her injuries.

A 74-year-old man who lost his wife of 50 years to the hands of a drunk driver received $650,000.00 in settlement of his case. The drunk driver, who had left Memphis, Tennessee, early that morning and who had apparently been drinking all day, struck the rear of the client's wife's vehicle at more than 90 mph, propelling the wife's vehicle into the rail of the Hale Boggs Bridge in Luling, Louisiana, resulting in her instantaneous death.

A woman was a guest passenger with her husband traveling on U.S. 90 in Boutte, Louisiana. The husband pulled into the center lane of the otherwise four-lane highway to make a left turn when, at the same time, a deputy sheriff illegally crossed the lanes of traffic and struck the vehicle on the passenger door where the lady was positioned. She suffered a shoulder injury and was required to undergo shoulder surgery to correct a torn rotator cuff. The Sheriff's Office denied liability, claiming the crash was the fault of the lady's husband. The matter was tried to a local judge and liability was found 100% against the deputy sheriff. The lady received an award for her injuries and medical treatment.

A mentally disabled man crossed West Park Avenue in Houma and was struck by a speeding motorist. The disabled man suffered grievous injuries and was required to be placed in a nursing home. The nursing home was covered under a government assistance program known as Supplemental Security Income and Medicaid. Utilizing a special needs trust, Kopfler & Hermann were able to preserve all benefits for the disabled man and provide many of life's pleasures he was not able to afford under SSI and Medicaid, including prepayment of his burial insurance, regular haircuts, cable TV, medical and dental expenses, entertainment, clothing, equipment, spending money, electronic equipment, travel programs, grooming, treatment and essential dietary needs.

A computer software developer was rear-ended in two accidents that occurred four days apart. While both accidents involved relatively minor property damage, the software developer actually ruptured a disc in his neck as a result of one or both of these impacts and underwent neurosurgery in Houma, Louisiana at Terrebonne General Medical Center. The insurance companies for each accident pointed the finger at the other accident as causing the damage, and the software developer eventually reached a settlement with insurers for both accidents for fair compensation. This case is extremely significant because it showed unequivocally that even minor property damages can result in serious personal injuries to drivers and passengers in the vehicle. Studies have shown this fact time and time again, but the insurance industry continues to prejudice jurors and potential jurors with untruthful statements regarding the "low impact collision."

A deckhand attempting to transfer from his tugboat to a cargo barge sustained a disabling knee injury when he was flung across the bulwarks by high seas during the transfer maneuver. By proving that the transfer maneuver was difficult, even in calm seas, and that the captain on duty had infrequently performed the task in the past, our firm attained full compensation for the disabled deckhand after trial.

A crew boat captain returning from shore fell between the dock and the adjacent boat because of defects in the dock, causing a spinal injury resulting in major surgery. The case is in litigation in south Louisiana.

A deckhand on a sulphur barge ruptured a disc in his low back while lifting a transfer hose. Lifting cases are particularly difficult because they require proof in a scientific context of the degree of force placed on the human back by a particular weight and lifting technique. One of the leading professors in human biomechanics assisted Kopfler & Hermann in presenting evidence that showed conclusively that the sulphur hose was too heavy for a deckhand to lift without a jib crane or other lifting device. The case resolved successfully before trial.

A mate trying to secure a line to a derrick barge to hold it in rough seas sustained traumatic aggravation of a fatty lymphoma, tethering his spinal cord, necessitating spinal surgery. It took the testimony of the chief of neurosurgery at a leading educational institution to make the crucial diagnosis of injury. The mate attained full compensation in the face of defense doctors who claimed the mate was not injured.

A shrimp trawler and his mate, a shrimp picker, were injured when a tugboat pushing a barge overtook their stern at night and nearly swamped their vessel in Bayou Grand Caillou near Dulac, Louisiana. We were able to prove that the tug boat was traveling at a high rate of speed and either ignored its radar readings or its radar beam was deflected by cargo on the barge it was pushing. The trial judge awarded damages to the shrimper and his mate, but reduced the award to the shrimp boat captain because the Judge found that the shrimp boat did not have adequate lighting.

A floor hand on an inland drilling barge suffered facial fractures and brain damage when a joint of casing struck him across the face. Finding liability under the Jones Act and pursuant to the maritime doctrine of unseasworthiness, the trial court awarded damages fully compensating the worker for these disabling injuries. Kopfler & Hermann defeated the barge owner's efforts to limit its liability to the value of the vessel, opening the way for the severely injured worker to receive fair and just compensation.

A bosen's mate operating a thinner recovery unit on an offshore oil and gas semi-submersible drilling rig suffered painful burns when the thinner recovery unit burst open and splashed him with the hot chemical. A thorough review of the maintenance records from the thinner recovery unit showed that this very problem had occurred only a month before but that no one had communicated the fact of the previous occurrence to the mate or anyone else on the rig. We were able to prove that the latches that were supposed to secure the lid of the thinner recovery unit could easily dislodge under high pressure and cause the contents and steam to shoot out from the rim.

A lumberjack turned away from a hospital emergency room after a limb struck his leg behind his knee lost his leg because of the misdiagnosis of a vascular injury which would have been easily treatable if detected. The case is pending before a Medical Review Panel.

A sixty-three year old woman was brought by her family to the emergency room of a local state hospital with complaints of abdominal pain. The emergency room physician cursorily examined her, diagnosed mental illness and made a coronerâ??s commitment. Despite her extreme discomfort and feebleness, she was required to be transported by a Tangipahoa Parish deputy to the local parish health unit where she was examined by a psychiatrist. The psychiatrist, recognizing that the woman had a serious physical condition, indicated that he would make arrangements to have her hospitalized in another state facility and asked her to come back in the morning. The following morning, while waiting outside the health unit, the woman died. A subsequent autopsy revealed that the woman suffered from an obstructed small intestine which could have been readily diagnosed at the emergency room the day before. If a proper diagnosis and medical attention had taken place, the womanâ??s life would have been spared. We represented the children and widow of the woman in a claim for medical negligence. The case settled for $450,000.00.

A patient admitted to the hospital for routine gall bladder surgery suffered permanent injuries when the doctor severed her cystic bile duct instead of her common bile duct . The doctor's failure to detect the surgical error has led to a life of continuing, painful medical procedures and disability. The physician settled for the maximum cap allowed by Louisiana law.

The minor son of a young mother who died right after child birth of septic shock prevailed in litigation with the Charity Hospital system of the State of Louisiana. A teaching institution, the Charity Hospital where the woman was admitted to give birth was staffed primarily by residents who failed to detect the critical nature of the septic bacteria which was assaulting this young woman's body. The clear necessity for a second intravenous line to provide fluids and medicines was overlooked by the doctors. The internal medicine doctor who was supposed to be on call was in New Orleans and unable to attend to the patient. By the time a second intravenous line was placed, this patient's condition had deteriorated to the point where she died.

A junior high basketball coach suffered a sprain to his knee in a physical education class. He went to an orthopedic surgeon who, with a minimal exam, indicated the coach should undergo arthroscopic surgery within a week or two. The doctor then injected a steroid solution into the coach's knee. At the time of the arthroscopic procedure, the orthopedic surgeon recognized that there was something going on in the knee which looked suspiciously like an infection. The orthopedic doctor ordered testing to determine if an infection was there, what was the cause of the infection and what antibiotic to use. Because the orthopedic had a practice in two cities, the lab report showing an MRSA infection never got to the doctor. Despite the coach's complaint of increased pain following surgery, the physician ordered physical therapy. Two and one-half weeks after the infection misdiagnosis, the doctor realized his mistake and cleaned out the knee joint which had been seriously damaged by the infection. The doctor denied performing the injection which caused the infection despite a charge for the injection. A claim for medical review panel was brought against the physician who admitted his liability and paid the $100,000.00 required under the Medical Malpractice Act. A subsequent proceeding was brought against the Patients' Compensation Fund and the coach received full compensation for his knee injury and disability.

Two doctors' failure to diagnose pulmonary embolism as the potential cause of the patient's symptoms resulted in her death 12 hours after discharge from the hospital. Only 20 years old, the patient left a minor son who was without other means of support. A pulmonary medicine expert explained to the court the absolute necessity for physicians to entertain all reasonably possible causes of a person's symptoms. In this case, the doctors went through four diagnoses--none of them the diagnosis of pulmonary embolism--before discharging the young lady from their care. When the clot broke loose 12 hours later, it went straight to her lungs and caused her death. Even though a Medical Review Panel required by state statutes found that the doctors were negligent, the case was only resolved after the court, too, found the physicians at fault and awarded compensatory damages.

An offshore wireline worker was struck in the back by a falling cable and knocked to the deck, resulting in injuries which have severely reduced his earning ability. The case is pending in the United States District Court in New Orleans.

A welder on an offshore semi-submersible drilling rig slipped and fell in hydraulic fluid leaking from a nearby valve. His spinal injury prevented him from returning to the offshore welding industry, and evidence showed that the hydraulic fluid presented an unreasonable risk of injury to workers on the rig.

A diesel mechanic sent offshore to repair a winch on a tugboat was attempting to make a swing rope transfer to a crew boat after finishing his work and injured his back and neck when he slammed into the bulwarks on the first attempt. A tricky task when going from a stationary platform to a vessel, a swing rope transfer is made ever more hazardous when attempted from one vessel to another. The mechanic had never performed such a transfer before and an alternative, safer means of transfer existed but was not employed because of time constraints inherent in the oil field. Expert evidence provided the backdrop for the obvious danger involved in such a transfer, and Kopfler & Hermann defeated defense efforts aimed at placing fault on the mechanic.

A 65-year-old oiler/gauger at an oil and gas inland separation facility suffered burns over a large part of his body when a corroded high pressure line burst, spewing natural gas into the air which ignited in a fireball where the gauger was performing his work. We discovered records that the owner of the facility had placed underground piping in corrosive and acidic soil conditions without any type of covering or protective tape, causing the pipe to almost disintegrate within five years. Unfortunately for the oiler and gauger, the burst occurred while he was on the premises. A long series of debridements and skin grafting at a special burn unit in Baton Rouge were crucial in the gauger's ultimate recovery. Although he was not physically disabled from working and could cover up his scars with clothing, the burn was so severe that the case settled for more than $2 million.

Two sandblasters in a helicopter transporting them offshore sustained compression fractures in their vertebrae when the helicopter dropped into the Gulf of Mexico as a result of co-pilot error. Both workers recovered full damages.

A tenant of a local landlord busted her knee and back when steps at the rent house collapsed as she was walking down them. Even with the qualified limitation of liability available to landlords under Louisiana law, Kopfler & Hermann achieved courtroom victory when they were able to show that the tenants had reported problems with the steps in the past sufficient to place the landlord on notice of their defect.

A customer at a local Wal Mart store slipped and fell on dried dog food which had been left in the aisle by store personnel. Extensive discovery showed that the department manager had failed to provide adequate cleanup for the store-created hazard.

A roofing contractor who had gone to a loading dock for supplies tripped on a one-inch metal stud sticking up from the concrete walking surface at the dock and fell, injuring his shoulder and knee. When he realized the potential severity of his injuries, he contacted Kopfler & Hermann to handle his case, which was recently concluded for $325,000.00 after intense settlement negotiations.

A truck driver/trainee who slipped and fell in the diesel bay of a truck stop received fair compensation for his injuries during a mediation at the offices of Kopfler & Hermann. There was no question that a large amount of diesel had been spilled in the bay, that the store employees knew it was there but took no steps to clean it up. Diesel on any surface is very slick, and the lack of appropriate lighting at this particular facility made the condition even more hazardous.

A school teacher who suffered a severe shoulder injury when she tripped on a lump of carpet at the entrance to a large department store received just compensation in a post-mediated settlement agreement. The carpet in the narrow foyer entrance of the store had lumped up over the passage of time, creating a tripping hazard to customers entering the building. That is exactly what happened to this teacher, who had to undergo a surgical procedure to repair her shoulder injury.

An oyster fishermen and three family members who helped with the fishing and culling operations inhaled a poisonous combination of gases emitted from a derelict oil well in the marsh of South Louisiana while he was on his way to the oyster grounds. The gas inhalation resulted in temporary loss of consciousness of two of the family members, who were evacuated from a small slither of barrier island by helicopter to a local hospital. They received compensation from the operator of this shut-in well.

A roofer broke his hip when a rotted face board caused him to lose his balance and fall atop an air conditioning compressor. The owner's knowledge of the rot resulted in a jury verdict for the roofer against the homeowner's insurer.

A fuel company transferring diesel into a commercial retailer's tank caused the diesel to explode and destroy the retailer's premises. A jury imposed punitive and compensatory damages on the diesel trucker for destroying the retailer's business.

A newspaper delivery executive who was helping a new employee with a route was attacked by a German Shepherd dog, knocked to the ground and suffered a shoulder impingement. The dog was able to attack the woman on the sidewalk because there was an incomplete fence surrounding the dog's quarters. The full damages were paid by the dog owner's homeowner's insurance policy, but only after full trial on the merits.

A crane operator suffered disabling injuries when a ship crane broke at the pedestal, dropping he and the crane 15 feet into the hold of the ship. The German fabricated ship owned by a Russian company left the Port of New Orleans in a matter of days. Investigation revealed the ships manufacturer and crane manfacturer were East German entities no longer in existence. After fighting jurisdictional issues and taking tesitmony of the Russian crew through translators in Marsailles, France, the matter was concluded sucessfully at mediation.

A mechanic operating a forklift lost his leg when the forklift lurched into reverse because of a defective transmission mechanism and fell off of a flatbed trailer when its brakes failed, crushing the mechanic's leg. The forklift owner and trucking company hired to haul the lift fought the case vigorously, contending that the mechanic was responsible for his injuries. Only after a jury trial and appeal to the highest court was the mechanic fully compensated.

A customer inspecting a floor model of a weight lifting machine injured his spine when the bench seat collapsed, thrusting him to the floor. Expert metallurgical evidence revealed that the welds on the bench were inadequate to hold the customer's weight. The manufacturer resolved the case with the customer for full damages in a settlement agreement.