Practices
Litigation
Catastrophic Injury

Catastrophic Injury

Experience and results matter. Our team’s results speak for themselves and include many multi-million recoveries obtained in settlements, jury verdicts, and arbitrations. However, in addition to our results, we pride ourselves on the personalized customer service we provide to our clients while we handle their case.

At Shipman, we litigate cases involving catastrophic personal injury and/or death in both federal and state courts. From simple motor vehicle accidents to complex product-related injuries, our lawyers represent the interests of individuals and their families who have suffered life-altering injuries or death. Our team handle cases involving death, physical disfigurement, loss of or limitation to bodily functions, paralysis, traumatic brain injury, amputation, sexual abuse and burn injuries. We handle cases based on a contingency fee, so we do not get a fee unless we win. (Costs are not contingent upon the outcome of a case.) Initial consultations are free.

Our lawyers use case management technology and trial presentation software for trial work, and have access to an array of technical and medical experts to help make a client’s case. Our lawyers are adjunct professors at law schools and teach other lawyers at trial advocacy seminars.

We also have prior experience defending and evaluating catastrophic injury and death cases for many of the nation’s leading corporations, firms and insurers. Our firm’s defense experience gives our plaintiff’s team perspective that helps produce better results for our clients. Many of our cases come to our team as a result of referrals from other lawyers.

The team’s lawyers are proud of the results they have achieved for clients, which include a number of verdicts and settlements over $1,000,000*. Each lawyer in the group is a member of The Million Dollar Advocates Forum, a voluntary membership organization that admits only attorneys who have won million-dollar verdicts or settlements; fewer than 1% of U.S. lawyers are members. Each lawyer in the group has also been selected as a Connecticut Super Lawyer® every year for the past decade. Each lawyer has also been listed in The Best Lawyers in America. Shipman is ranked Tier 1 by U.S. News and World Report and Best Lawyers as a Best Law Firm in Personal Injury Litigation.

* Please note that prior results do not guarantee a similar outcome in other matters or cases, as each case has a unique set of facts and circumstances.

Experience

Aviation crashes

Settlements Reached in Crash of B-17 Bomber at Bradley International Airport

After mediation before retired Judge Robert Holzberg of Pullman & Comley LLC, The Collings Foundation, Debra A. Riddell, Craig A. Rubner, Scott Rubner, Joseph M. Roberts, Joseph Huber, Jenny Huber, Thomas Schmidt, Linda Schmidt, and Joan Mazzone announce the resolution of all claims arising out of the tragic crash of the B-17 known as Nine-O-Nine at Bradley International Airport on October 2, 2019. While it is our sincere hope that this resolution brings peace and closure to those affected, The Collings Foundation deeply regrets the injuries and losses suffered by the passengers and their families that day. Shipman lawyers Bill Ronalter and Mark Ostrowski represented eight of the ten victims of the crash.

Catastrophic injury

$36,500,000 ARBITRATION AWARD - Defective Product - Catastrophic Burns to 3 Year Old Boy and 33 Year Old Father

Our clients, a 3-year-old boy and his 33-year-old father, suffered third degree burns to over 70% and 50% of their bodies respectively and we argued that a lithium ion battery exploded from an electronic device. We brought claims against the product assembler, distributor, and seller. After three unsuccessful mediations and more than 50 depositions, the claims were presented to an arbitration panel. The result of the arbitration was a gross recovery of $36,500,000 for our clients.

$5,025,850 SETTLEMENT & ARBITRATION - Defective Product - Catastrophic Burns

Our client, a 63 year old man, suffered third degree burns to 40% of his body when a defective product exploded during a social event. We brought claims against the product manufacturers, a large national retailer, and a third party consumer who used the product. After preparing a multi-media presentation, the claims against the various defendants were settled following an arbitration and mediation for a combined amount of $5,025,850.

$5,000,000 SETTLEMENT - Truck Strikes Cyclist - Leg Amputation

We represented the employee of a longstanding corporate client, who was sideswiped by a truck when he was riding his bicycle home from work. Initially, the truck driver told the cops our client was on his phone, no witnesses to the crash were identified, and we did not know if our comatose client would live and/or remember how the crash occurred. We got our client’s phone records (through his employer) and proved he wasn’t on his phone. Our accident reconstruction expert inspected the scene and the evidence, and we taught the detective the specific state statutes that protect cyclists. We requested the 911 dispatch tapes and learned that there were witnesses to the aftermath of the crash that called 911 reporting that the truck driver was attempting to leave the scene. We later learned that the truck driver lied to the cops and used another name at the scene of the crash because he was in the United States illegally. Unfortunately, due to the extent of the injury to his left leg, our client had his leg amputated above the knee approximately a month after the crash. We gave the insurance carrier an opportunity to settle the case as we drafted the Complaint to commence the lawsuit explaining that if they did not offer their $5,000,000 limits, we expected a verdict over the coverage when the case was tried. The carrier responded by offering its $5,000,000 policy limits available for this loss, which will give the client financial security as he starts the next chapter of his life.

$4,875,000 SETTLEMENT - Motor Vehicle Crash - Mild Traumatic Brain Injury

Our client was a married, 46 year-old mother of three, and an award-winning emergency room nurse stopped for traffic on I-84. She was struck from behind by defendant traveling 45 mph in a company SUV and had a mild concussion, but it never resolved. Permanent post-concussive symptoms included headaches, depression, and visual deficits with sensitivity to light. She lost both of her ER nursing jobs at local Connecticut hospitals and cannot work in any capacity. Defendants admitted causing the crash but argued: (1) x-rays and 4 MRIs failed to show any objective evidence of a brain injury; (2) some symptoms pre-existed the crash; and (3) she might recover later. Our expert was Erin Bigler, PhD, a top international researcher in traumatic brain injuries from Brigham Young University in Utah. His testimony explained how this mild traumatic brain injury with “no objective findings” on radiological tests caused our client’s permanent significant problems: she sustained traumatic axonal injuries (microscopic stretching injuries at the cellular level, too small to be revealed by available imaging). An economist quantified the economic loss of her two jobs and benefits. A professional video company worked with us to create a video of our trial witnesses describing dramatic changes they observed of our client before and after the crash. The defendants’ insurance company and the experts saw the anticipated powerful trial testimony. After presenting at a mediation an hour-long PowerPoint bill-boarding much higher damage potential at trial, the case settled two weeks before trial for $4,875,000, with $4,500,00 for our brain-injured client and $375,000 for her husband’s loss of consortium claim. A portion of the money was placed in a structure and in trust to ensure our client’s well-being for her entire life. This settlement is Connecticut’s largest known settlement reported for a mild traumatic brain injury.

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Civil rights

$3,500,000 Settlement for Wrongful Death Caused by Regional SWAT Team

After years of litigation, negotiated a $3.5 Million settlement, which is the largest reported Section 1983 settlement in a civil rights claim for excessive force by law enforcement in Connecticut.

Dental malpractice

$4,500,000 VERDICT - Dental Malpractice - Overfill of Sealer During Root Canal

Through a referral from an in-house attorney from one of our corporate clients, we represented an executive in a dental malpractice case. Our client was injured during a root canal where the dentist over instrumented leading to a large over fill of sealer some of which went into our client’s mandibular canal. The defendants disputed liability, causation, and damages. The defendants’ insurance company offered only $200,000 two weeks before trial. After three weeks of evidence, including the use of technology at trial, Bill Ronalter obtained a verdict of $4,500,000, which consisted of $165,000 for past and future medical bills and $4,335,000 for additional harms, including constant pain, fatigue from prescription medications, and the reduction of enjoyment in many aspects of her life. In addition, we filed an Offer of Compromise agreeing to settle for $750,000 the year before the trial. Since the verdict was in excess of $750,000, interest runs from when the litigation started in February 2013 bringing the total amount to up over $5,300,000. This verdict is the largest dental malpractice verdict in Connecticut history and is believed to be the largest dental malpractice verdict ever nationally.

$1,000,000 SETTLEMENT - Dental Malpractice - Nerve Injury Caused by Failure to Inform Patient of Broken Instrument From Root Canal

Our client, a 57-year-old woman, underwent a root canal done by the defendant endodontist, who broke off a piece of his instrument during the procedure unbeknown to our client. While the breaking of the instrument was not a breach of the standard of care, not informing our client what happened was a breach. Since our client did not know the instrument remained inside of her, she did not get additional medical care until several months later when the pain would not go away. The subsequent treating endodontist found the broken piece and removed it, but the delay caused infection and inflammation, which permanently damaged our client’s trigeminal nerve. The defendant and his dental assistant claimed that he did tell our client, but his records did not contain any mention of the broken instrument or his conversation with our client. The case settled during litigation at mediation for $1,000,000.

$685,000 SETTLEMENT - Dental Malpractice - Nerve Injury Caused By Bleach During Root Canal

We represented a 67-year-old woman, who was injured during a root canal when her dentist over instrumented, which allowed an excessive amount of bleach into the periapical bone and tissue. This bleach caused an injury to her trigeminal and facial nerves. The defendant claimed that he did not breach of the standard of care in performing the root canal. The case settled as the lawsuit was about to be served on the defendant for $685,000.

Wrongful death

$4,300,000 SETTLEMENT - Drunk Driver Causes Head-On Crash Killing 73-Year-Old Man

We represented the estate of a 73 year old man for a wrongful death claim and his wife for a loss of consortium claim arising out of a head-on crash with a drunk driver. The drunk driver was operating her spouse’s company car. As a result of the impact, our client died instantly. Working with a professional video company, we created a video depicting the powerful testimony expected from trial witnesses, who explained the many enjoyments of life lost by our client. In addition to the video, we presented a power point presentation laying out the harms and losses attributable to the crash. While the insurance carriers initially disputed coverage and the amount that the harms and losses were worth, the case settled after a second day at mediation and days before eight depositions were going to be taken of the defendant driver, the owners of the business, and other essential witnesses.

$3,125,000 SETTLEMENT - Bicyclist Hit by Truck - Death of a 72-Year-Old Man

We represented the estate of a 72 year old bicyclist for a wrongful death case and his wife of 50 years for a loss of consortium claim. Our client was hit and killed instantly by a company pick-up truck making deliveries when the defendant veered onto the shoulder of the road. Our client preferred that litigation be avoided if possible. In order to demonstrate to the defendants’ insurance company the enormity of the damages at this early stage of the claim, we worked with a professional video company to create a video of our trial witnesses describing the unique qualities of our client. This video was sent to the decision makers at the insurance company prior to a mediation. In addition, at the mediation, we presented a PowerPoint with evidence establishing how our client had lived life as an adventure and his special bond with his soul mate and wife of 50 years. A portion of the settlement was donated by the client to charity in our client’s memory.

$1,700,000 SETTLEMENT - Fatality Resulting from Domestic Dispute

Our team represented the estate of a police officer who was killed while responding to a domestic dispute call. He was shot and killed by someone who was on probation at the time. A claim was made against two defendants, including the owner of the home who had informed the officer right before the killing in her home that the killer lived with her and did not have any guns. When faced with this claim, both defendants contributed to settle this case rather than face a trial.

$1,465,000 SETTLEMENT - 91-Year-Old Wheel Chair Passenger Dies in Motor Vehicle Crash

We represented the estate of a 91-year-old WWII combat veteran and POW survivor, who was a wheelchair passenger being transported in a wheelchair van. The first defendant caused a crash with a third vehicle that struck the wheelchair van head-on. We recovered all available insurance from the first defendant, which was $495,000. We then proceeded with a second claim against the owner and operator of the wheelchair van alleging that our client was not secured with a lap and shoulder belt at the time of the crash and the failure to secure our client led to his death. These defendants claimed our client was belted at the time of the crash. We relied on testimony from a first responder and experts in accident reconstruction, wheelchair securement, biomechanics, and pathology, to show that based on our client’s injuries and the lack of forensic evidence to the lap and shoulder belts, our client was not secured. The case against the wheelchair van owner and operator settled for $970,000 at mediation for a total recovery of $1,465,000 for our client.