Rosenthal Injury Law

$1.3M

Product Liability - Pharmaceutical

Mr. Rosenthal secured a settlement from American Home Products, also known as “Wyeth”, in the litigation over the diet drug “Fen-Phen”, which was shown to cause pulmonary hypertension and heart valve damage in people trying to lose weight for health reasons. Evidence established that Wyeth was aware of the damage its drug could cause and obtained FDA approval and marketed to consumers without disclosing the information.

$3.5M

Premises Liability, Traumatic Brain Injury

Our client was riding his bicycle in a bike lane when he encountered a tree branch that had been allowed to grow over the bike lane and partially blocked a bicyclist’s path. Our investigation revealed that the tree that caused our client to move to the left into the zone of danger was on County of Sacramento property, was overgrown and not properly maintained, and that the County violated its own code that required that trees on public property be trimmed to provide at least 14.5 feet of clearance above all roadways. The County contributed to a settlement that provided our client with financial support, home comfort and medical care for the rest of his life.

$1.1M

Drunk Driving Accident, Underinsured Motorist

Mr. Rosenthal secured a settlement for the passenger in a vehicle being driven by a drunk driver that ran off a wet roadway at 90 miles per hour and hit a tree. After recovering the $15,000 policy limit for the drunk driver, we pursued “underinsured motorist” coverage through our client’s parents’ auto insurance policy. Our client lived with his parents only part of the time and the insurance company hired a lawyer to fight coverage based on lack of residency in the home, but we were able to prevail and recover the $1,000,000 uninsured motorist policy limit. We also recovered an additional settlement from a landscape company that created a dangerous condition on the roadway by overwatering the median where the collision occurred.

$1M

Auto Accident, T-Bone Collision

Mr. Rosenthal secured a settlement for a client who was driving down Madison Avenue when a Garda armored truck pulled out of a parking lot directly in his path, causing a t-bone collision. Our client had “chronic” back pain prior to the collision and the defense claimed the two-level L4-5 and L5-S1 lumbar spine fusion surgery was not caused by the accident. During trial, we were able to prove through expert testimony by our client’s treating orthopedic surgeon that, despite the pre-existing back pain, the collision was a substantial factor in aggravating the condition to the point that he required surgery. The defense steadily increased its offers during the course of the trial until a settlement was reached.

$350,000

Product Liability, Workers' Compensation, Traumatic Brain Injury

Our client was working for a communications company that was contracted with the U.S. Navy to monitor computer tracking stations on military bases. While attempting to access the data at one of the stations, the metal door on the mounted housing unit swung open unexpectedly after being latched shut, striking our client on the head. Our investigation showed that the door handle failed to secure the door and that the manufacturer of the box discontinued the use of these particular handles because of similar failures on other boxes, but failed to recall the handles on boxes already in use or warn their customers of the potential danger. Although some of our client’s damages were covered by workers’ compensation, we sued the responsible manufacturer and secured a separate recovery for future medical expenses, lost income, and pain and suffering.

$350,000

Premises Liability

Our client was a paid customer walking through a temporary Halloween haunted house when her leg fell into an open hole in the floor in one of the displays set up in a trailer. Discovery in the lawsuit revealed that the haunted house company was aware of the hole and tried to cover it up with a piece of plywood that was easily dislodged when customers walked through the display. Our client suffered a labral tear in the hip joint that required arthroscopic surgery to repair.