Representative Cases
Results obtained depend on the facts of each case.Michael W. DuBose v. XIT Ranch Motel; Cause No. 10,090 In the District Court of Dallam County, 69th Judicial District.
Michael P. Mallia and Andy Rubenstein
This wrongful death case was tried in Dalhart, in the Texas Panhandle. Diane Dubose lost her life as a result of carbon monoxide poisoning, while staying at the XIT Ranch Motel. The Defense only offered $100,000 to settle this case, claiming their offer was in keeping with North Texas verdicts. The jury returned a verdict just over $2 million, which, we have been told, is the largest verdict in the history of Dallam County.
Bryan Davidson and Debra Lynn Davidson v. Salvador Faus, M.D., John Cochrane, M.D. and Beeler-Manske Clinic; Cause No. 99-CV-0256 in the 122nd Judicial District Court of Galveston County, Texas.
Michael P. Mallia and Marc E. Stewart
This medical malpractice case involved the Defendants' failure to timely diagnose Bryan Davidson's testicular cancer. The one year delay in diagnosis resulted in Bryan Davidson having to undergo eleven rounds of chemotherapy, including six rounds of "salvage chemotherapy," two surgeries to remove portions of his lungs. The chemotherapy and surgeries left Bryan with permanent and debilitating physical problems. Debra Lynn Davidson sued for her loss of consortium. The jury awarded Bryan Davidson $10,041,000.00, and Debra Lynn Davidson $525,000.00. On Jan. 30, 2001 the court entered a judgment in excess of $10.5 million..
Philip Gamache and Cirilla Gamache as next friends of Philip Gamache, Jr. v. Morris Gonik, M.D., Dennis Giammarco, M.D. and AMI Fort Bend Community Hospital; Cause No. 75,098 in the 268th Judicial District Court of Fort Bend County, Texas.
Michael P. Mallia
This obstetrical malpractice case involved the Defendants' failure to timely monitor Cirilla Gamache's labor and failure to timely deliver Philip Gamache, Jr. Philip consequently suffers from cerebral palsy and spastic quadraplegia. The jury returned a verdict awarding damages in the amount of $4,250,000.000.
Donna Lee Morris, Individually and as Legal Representative of Tommy Dean Morris, Deceased, Melissa Morris, and David Morris v. Steeplechase Motor Company and Steeplechase Motor Company d/b/a Charlie Thomas Used Cars North; Cause No. 96-06621, in the 333rd Judicial District Court of Harris County, Texas.
Michael P. Mallia
This gross negligence and fraud case involved the death of a repossession agent while repossessing a vehicle. The Defendants assigned the repossession job to more than one repossession agent without disclosing to each that he would not be the only person attempting to repossess the vehicle. Defendants also maintained a system for assigning repossession jobs that allowed agents to have unlimited access to the paperwork for the repossessions, including those repossessions assigned to other agents. The Plaintiff attempted to repossess a truck, whose owner had been alerted by the failed repossession attempts of other agents. The owner of the truck shot Tommy Morris to death with his .30-30 deer rifle when Morris arrived and backed his wrecker to repossess the truck. On October 16, 1997, the jury returned a verdict awarding damages that, together with pre-judgment interest, totaled roughly $2,047,757.75
Thomas Boyce, and Kerry Boyce, Individually, and as next friend of Daniel Boyce, Sarah Boyce and John-Ross Boyce v. Abel Dominquez and Kinsel Industries, Inc. ; Cause No. 98-56774, in the 215th Judicial District Court of Harris County, Texas.
Michael P. Mallia and Marc E. Stewart
This negligence case arose from a freeway collision in which the Plaintiff's vehicle slammed into the rear of a 2½ ton flatbed truck at a speed of about 65-70 m.p.h. The flatbed truck was driven by Defendant Dominquez and owned by Defendant Kinsel Industries, Inc. Kinsel Industries was doing construction on the freeway. Defendant Dominquez parked the truck in the left lane of the freeway, or was traveling very slowly, with no brake lights, taillights, or hazard or caution lights illuminated. Plaintiff Thomas Boyce shattered both wrists and his hip, all of which required surgery. He will require more than one hip replacement in the future. On January 31, 2000, final judgment was entered in the amount of $2,913,360.00, together with pre-judgment interest in the amount of $344,014.00 for a total judgment in the amount of $3,257,374.00.
Bobbie Webster vs. Bobby Hilliard, M.D. and Dolores Peters, R.N. ; Cause No. 96CV0618, in the 56th Judicial District Court of Galveston County, Texas.
Michael P. Mallia
This medical malpractice case involved the failure to timely diagnose and treat a retinal detachment, and failure to have the Plaintiff seen by an emergency room physician before her discharge. As a result of the Defendants' negligence, the plaintiff lost her vision in her right eye. Final judgment was entered against Dr. Hilliard in the amount of $246,750.00, together with pre-judgment interest in the amount of $70,709.60 for a total judgment in the amount of $317,459.60.
Lisa K. Dodson v. W. Roy Knowles, MD, Cause No. 94-9063, In the 129th Judicial District Court of Harris County, Texas.
Michael P. Mallia and Jennifer A. Hasley
This medical malpractice case involved the misuse of Grenz Ray therapy in the treatment of psoriasis. Dr. Knowles, a dermatologist, treated Dodson for approximately 20 years. As a result of the excessive radiation treatments, Dodson developed numerous skin lesions, and, at the time of trial, of the 152 lesions removed, 77 were noted to be cancerous. On October 1, 1996, final judgment was entered in the amount of $3,400,000.00, together with pre-judgment interest in the amount of $880,276.95 for a total judgment in the amount of $4,280,276.95.
Rodney Piwetz, Executor of the Estate of David Emerson,
Federal Administrative Tort Claim against Veterans Administration Medical
Center
Marc Kutner
This medical malpractice case involved the failure to timely diagnose and treat lung cancer. As a result of the Defendant's negligence, the Plaintiff lost a greater than 50% chance of surviving for 5 or more years, and died of lung cancer. He was survived by two minor children who inherited his estate.
Pre-Lawsuit Structured Steelement: $500,000.00 estimated cost
$1 Million estimated total benefit
Estate of Wilbur L. Ginther et al., v. TransAmerican Natural Gas Corp. et al. v. Henry J.N. Taub, Case No. 84-03474-H1-5, Adversary No. 86-1142, In the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division, affirmed in the U.S. District Court for the Southern District of Texas.
Michael P. Mallia and Levanche T. Harris
In this Oil & Gas and Bankruptcy case, a purchaser withheld payment of certain oil and gas royalties and, subsequently, filed for bankruptcy. The Ginther/ Warren Estates filed an adversarial complaint seeking a determination of funds owed. The judgment's determination of pre- and post-petition claims together with interest required the posting of a $7,000,000.00 supersedeas bond.
Confidential Post-Trial Settlement reached while on appeal in the U.S. Court of Appeals for the Fifth Circuit.
Case Name Confidential
Michael P. Mallia and Jennifer A. Hasley
This products liability case involved a plaintiff who purchased do-it-yourself metal roofing materials which were defective and unsafe for their intended purposes. While installing this metal roofing material on his home, plaintiff fell due to the inherently dangerous condition of the product and is now a quadriplegic.
Pre-Trial Settlement
$2,000,000.00
Case Name Confidential
Michael P. Mallia and Paul S. Jacobs
In this medical malpractice case, although aware of the risk of infection at birth, physicians failed to vaccinate the children of a hepatitis exposed mother. The son developed active hepatitis and early onset of cirrhosis, and the two daughters became Hepatitis-B carriers. Two cases on behalf of the three children were settled.
re-Trial Settlements
$1,500,000.00 plus
Lifetime Medical Bills
Including Liver Transplants
Case Name Confidential
Michael P. Mallia and Paul S. Jacobs
Medical Malpractice. After 15 hours of labor, the baby was finally delivered by C-section at 41 weeks gestation. During labor the baby suffered severe fetal distress and asphyxiation resulting in severe brain damage. The baby has a normal life expectancy, but is unable to walk by himself, unable to speak, has seizures, and will need full-time professional care for the remainder of his life.
Pre-Trial Settlement
$1,100,000.00
Case Name Confidential
Michael P. Mallia and Levanche T. Harris
Medical Malpractice. The patient presented to the emergency room with symptoms of severe chest pain, syncope, hypotension, and diaphoresis. He was admitted to the intensive care unit for observation. During the ensuing 36 hours, frontal chest x-rays were taken, but not interpreted by the attending physician. The patient's condition continued to deteriorate and he went into cardiac arrest. Subsequent cardiopulmonary resuscitation efforts were unsuccessful, and he was pronounced dead. An autopsy determined the cause of death to be a ruptured acute dissecting ascending aortic aneurysm which lead to cardiac tamponade.
Settled in Mediation
$840,000.00
