Results

Kugel Mesh Hernia Patch

Derek H. Potts was a member of the Kugel Mesh MDL Plaintiffs Steering Committee which was instrumental in obtaining a $184,000,000 global settlement for several thousand persons who had received the Kugel Mesh hernia patch. The lawsuits alleged that the mesh patch caused serious medical complications for many patients including bowel perforation, sepsis, intestinal fistulas, and abdominal abscess formation.

Wrongful Death of Employee

Potts Law Firm served as lead counsel for the family of a man who was killed while on the job due to a product failure. After a short time in litigation, Potts Law Firm was able to settle the case and also received a voluntary worldwide recall of the product; ensuring no one else would suffer injuries or death resulting from the failed product in the future.

ERISA Class Action Settlement

Potts Law Firm served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.

Paraplegic Minor

Derek H. Potts obtained a $12,100,000 verdict against Lisa Gard, M.D. for medical malpractice involving a minor. The jury found the Salina emergency room doctor to be negligent in her assessment of the minor upon presentation in the emergency room, failing to timely diagnose a rare spinal condition. The case was one of the largest verdicts in history in the State of Kansas.

Fraud Against Lender

Potts Law Firm represented a United States Bankruptcy Trustee in C.A. No. 4:11-cv-3700; Rodney Tow vs. Amegy Bank, in the United States District Court for the Southern District of Texas. The case stemmed from the massive bankruptcy of Royce Homes, one of the largest homebuilders in the country. Potts Law Firm represented the bankruptcy Trustee against a multitude of defendants, including the chief Lender, for claims related to the homebuilder’s downfall and the fraudulent transfer of assets from the rightful owners, the creditors. While part of the case did go to trial where Potts Law Firm received a large verdict, the creditors were able to collect millions of dollars from pre-trial cash settlements with various defendants which exceeded $10.7 Million Dollars.

Birth Injury

Derek H. Potts and Samuel Cullan were members of the plaintiff’s trial team which obtained a $4,600,000 verdict for a minor delivered at Bethany Medical Center. Ariana Wilburn, the minor, suffered a spinal cord presentation after being born in the breech position.

Case: Wilburn vs. Bethany Medical Center Jury Trial – Wyandotte District Court, 1995

Hypoxic-Ischemic Birth Injury

Potts Law Firm secured a $3,500,000 settlement for a single mother whose infant suffered severe brain damage while being delivered in a New Mexico hospital. The mother, having no previous pregnancy or medical issues, began laboring and immediately went to a hospital. For over seven hours, the doctor and nurse who were assigned to look after her watched her baby on the fetal heart monitoring strip. It was evident the baby was not receiving sufficient oxygen and damage was occurring to the baby’s brain. Despite the clear signs of fetal distress and hypoxia (lack of oxygen), the doctor and nurse did not order an emergency cesarean section. Due to the length of time in the toxic womb, the baby suffered from cognitive impairment and Cerebral Palsy.

The mother was awarded a substantial settlement which allowed her to provide for her disabled daughter. Payments from the defendant were scheduled over a number of years through a structured settlement, providing the child with the money necessary for excellent medical care for the rest of her life. Cases like these ensure that hospitals, nurses, and doctors are held accountable and responsible for their misconduct.

Fraudulent Transfers

Potts Law Firm represented a Bankruptcy Trustee in Case Nos. 12-33443 Tow v. OHA Investments; 12-03425 Tow v Diamond Offshore; 14-03286 Tow v. HBK Main Street Investments, and 14-93287 Tow v. Sankaty resulting in a combined $2.42 million being recovered for creditors of ATP Oil & Gas Company. The claims related to fraudulent transfers of overriding royalty interests in oil & gas properties made by ATP in a failed attempt to liquidate the assets of the company.

Catastrophic Injuries

Derek H. Potts was co-lead counsel with Thomas Cartmell in representing John Novogradac of Kansas City whose health was neglected during his stay at two nursing home facilities. Mr. Novogradac developed bedsores on his body and had above-knee amputations on both legs after his wounds became severely infected with gangrenous and dead tissue. The jury ruled the nursing homes were inadequately staffed, did not attend to Novogradac’s bedsores, and failed to alert physicians of his worsening condition.

The jury awarded the Estate of John Novogradac $3,022,500 for pain and suffering due to the negligence of the nursing home owner, Barry Manor. At the time, this was the largest civil verdict in Platte County. The defendants appealed the verdict and, after going through the appellate process, the Novogradac estate was awarded the original verdict amount plus interest, totaling $3,581,455.

Case: Novogradac vs. Shirshekan – Circuit Court of Platte County, Missouri

Pharmaceutical Birth Defect

Potts Law Firm secured a $1,050,000 settlement for a mother whose infant suffered birth defects from a pharmaceutical drug that was taken during pregnancy.

Though the migraine drug manufacturer knew the medication could cause a fetus to develop a cleft lip and/or cleft palate when consumed by the mother during the early stages of pregnancy, they failed to warn consumers about these dangers.

Potts Law Firm prepared the case for trial in the Philadelphia Court of Common Pleas. Days before the trial was set to begin, the parties agreed on a settlement.

The mother was awarded a substantial settlement which allowed her to financially provide for her daughter. Payments from the defendant were scheduled over several years through a structured settlement, providing the child with the money necessary for excellent medical care for the rest of her life. Cases like these ensure that pharmaceutical companies are held accountable and responsible for their misconduct.

Trucking Accident

Potts Law Firm served as lead counsel for the family of Kook Oh who was killed by an 18-wheeler in Alvarado, Texas. Potts Law Firm sued the driver of the 18-wheeler and his employer. Following a week-long jury trial, Potts Law Firm’s client received a verdict awarding over one million dollars in damages and a finding of punitive liability on the part of each of the defendants. In addition, the jury found gross negligence on the part of the defendants. Ultimately, the case was resolved without the family having to undergo the second half of the trial.

Sgroi vs. St. Louis University Hospital

St. Louis City District Court, 2009. Lead Plaintiffs Trial Counsel obtained a $1,004,421 verdict due to medical malpractice and successfully argued an appeal before Missouri Supreme Court upholding the verdict. Total fees and expenses of $525,702.04. See Sgroi vs SLUH, No. SC 89840.

Failure to Diagnose

Derek H. Potts obtained an $825,000 jury verdict in St. Louis against the hospital and doctor for failing to diagnose a hip fracture. It was appealed to the Missouri Supreme Court which affirmed the verdict, adding interest.

Case: Alice Geary vs. Saint Louis University and Paulo Bicalho, M.D.

Wrongful Death

Potts Law Firm secured an $800,000 settlement on behalf of a family for the wrongful death of their father. The father of five from Las Vegas, New Mexico was wheelchair-bound. While visiting his dentist’s office, the father maneuvered his electric wheelchair up a ramp. The ramp did not have a curb or rails to prevent a fall. The wheelchair’s wheel caught the edge of the ramp on a turn and the wheelchair toppled over. The ramp was approximately 9 inches above the ground. The fall caused the father to slam his head against the pavement, causing internal bleeding and brain swelling. Despite being airlifted to a hospital, the father died of his injuries.

In addition to securing a substantial settlement for the victim’s family, the property owner agreed to fix the ramp to prevent future injuries from occurring. Cases like these ensure that property owners are held accountable and responsible for their misconduct.

Foot Injury

Potts Law Firm secured a $750,000 settlement for an oil rig worker whose foot was severely injured after being caught in rig tongs. The oil rig company had failed to properly tag out and lock out the tongs after a power outage. When the power returned to the rig, the tongs closed on the worker’s foot, crushing his bones. Thankfully, the employee’s foot did not have to be amputated, but significant injuries and treatment were incurred.

Cases like these ensure that oil rigs and employers are held accountable and responsible for their misconduct.

Commercial Property Dispute

Potts Law Firm attorneys negotiated on behalf of a commercial property owner whose land was taken by the Texas Department of Transportation (TXDOT) to make way for new road construction. TxDOT’s original offer of $466,396 did not consider other reasonable comparable sales in the area. Our eminent domain attorney utilized his past experience of working for the condemner to negotiate on behalf of his client; having extensive knowledge of the laws of just compensation and knowing what the condemner is required to consider when determining property value.

The eminent domain attorneys at The Potts Law Firm receive attorney’s fees based only on the amount exceeding the original offer by the condemner. Our clients pay nothing for their eminent domain case unless we recover more money than what was originally offered.

Pedestrian Accident

Potts Law Firm represented a client who was run over by a drunk driver at a truck stop in Missouri. The client, a truck driver at the time, was walking from his parked truck toward the truck stop showers using a clearly marked crosswalk. As he was walking across the crosswalk, a speeding drunk driver ran him over. After filing suit and taking depositions, it was discovered that the drunk driver was an off-the-clock employee of the truck stop who had been drinking alcohol on the premises for over an hour. It was alleged that the truck stop knew or should have known of the drinking by its off-the-clock employee. Our client had a broken right tibia and fibula fracture and torn rotator cuff from the incident. Medical bills were over $150,000.00. The case settled right before the trial, and after expert depositions had been completed.

Case: Nichols v. Confidential Defendant – Newton County, Missouri

Commercial Property Dispute

Potts Law Firm attorneys negotiated a settlement on behalf of a client whose land was taken by a private power line company. The company’s original offer of $430,000 failed to consider the decrease in aesthetic value that the scenic ranch in the Texas Hill Country would incur from the power line installation. Our eminent domain attorney utilized his past experience of working for the condemner to negotiate on behalf of his client; having extensive knowledge of the laws of just compensation and knowing what the condemner is required to consider when determining property value.

The eminent domain attorneys at The Potts Law Firm receive attorney’s fees based only on the amount exceeding the original offer by the condemner. Our clients pay nothing for their eminent domain case unless we recover more money than what was originally offered.

Surgical Negligence

Potts Law Firm secured a $600,000 settlement for a young woman who was a victim of New Mexico medical malpractice. The woman underwent gallbladder removal surgery; the most common operation in America. The surgeon negligently performed the procedure, allowing bile to spill within the woman’s abdominal cavity before closing her incision. Only a few days later, the woman returned experiencing severe pain. She was examined by another doctor who diagnosed her with peritonitis due to the bile spill. The woman was required to undergo another invasive surgery that left her with a large scar across her stomach.

The substantial settlement awarded to Potts Law Firm’s client paid for all her medical expenses and also provided her with money for personal use. Cases like these ensure that surgeons are held accountable and responsible for their misconduct.

Power Plant Injuries

Potts Law Firm secured a $500,000 settlement on behalf of an electrician who was injured while working at a power plant in New Mexico. The electrician was walking down a flight of stairs when the power went out at the power plant. The area where the electrician was located did not have any backup or emergency lighting and was completely dark. The electrician tripped over a curb and suffered a broken leg due to the power outage.

The substantial settlement awarded to Potts Law Firm’s client paid for all his medical expenses and also provided him with money for personal use. Cases like these ensure that property owners are held accountable and responsible for their misconduct.

East Texas Residential Property

Potts Law Firm attorneys negotiated on behalf of a residential property owner whose East Texas land was taken by the Texas Department of Transportation (TXDOT) to make way for new road construction. TxDOT’s original offer of $31,343 did not consider damages that the remaining land would incur from the new road build. Our eminent domain attorney utilized his past experience of working for the condemner to negotiate on behalf of his client; having extensive knowledge of the laws of just compensation and knowing what the condemner is required to consider when determining property value.

The eminent domain attorneys at The Potts Law Firm receive attorney’s fees based only on the amount exceeding the original offer by the condemner. Our clients pay nothing for their eminent domain case unless we recover more money than what was originally offered.

Commercial Property Dispute

Partner Andrew A. Woellner secured a $400,000 settlement for a commercial property owner whose roof damage claim was denied by his insurance company. When evaluating the roof, the insurance carrier claimed there was no damage, and even hired an engineering firm to support that opinion. Mr. Woellner used his experience handling first-party insurance claim disputes to secure his client with enough money to replace his roof and also cover the cost of attorney’s fees and expenses.

Shoulder Pain Pump Defect

Potts Law Firm secured a $400,000 settlement on behalf of a young man who suffered injuries due to a dangerous medical device. The man suffered from chondromalacia, or damage to the cartilage that holds the shoulder together, after having a shoulder pain pump inserted to alleviate his chronic pain.

The medical device manufacturer never warned its patients that inserting the pain medicine within the intra-articular space of the shoulder could cause chondromalacia, despite their knowledge of the possible side effect.

The substantial settlement awarded to Potts Law Firm’s client paid for all his medical expenses and also provided him with money for personal use. Cases like these ensure that medical device companies are held accountable and responsible for their misconduct.

Negligent Cyst Removal

Potts Law Firm secured a $250,000 settlement for a young man who was the victim of medical malpractice in New Mexico. The man, who underwent surgery for cyst removal on his neck, had his nerve negligently cut by the surgeon. The damaged nerve in the man’s neck caused paralysis to his shoulder blade, requiring extensive physical therapy to regain his nerve connection.

The substantial settlement awarded to Potts Law Firm’s client paid for all his medical expenses and still provided him with money for personal use. Cases like these ensure that doctors are held accountable and responsible for their misconduct.

Breach of Fiduciary Duty & Legal Malpractice

Potts Law Firm represented a Bankruptcy Trustee in Case No. 13-32527, In re Timegate Studios in the United States Bankruptcy Court for the Southern District of Texas. The case involved allegations of breach of fiduciary duty by the owners of a video game developer and legal malpractice by its attorney related to the failure to properly use the funds invested by others for the creation of an online first-party shooter game.

Texas Residential Property

Potts Law Firm attorneys negotiated on behalf of an East Texas residential property owner whose land was taken by a Texas condemnation authority. The original offer of $113,677 did not consider other reasonable comparable sales in the area. Our eminent domain attorney utilized his past experience of working for the condemner to negotiate on behalf of his client; having extensive knowledge of the laws of just compensation and knowing what the condemner is required to consider when determining property value.

The eminent domain attorneys at The Potts Law Firm receive attorney’s fees based only on the amount exceeding the original offer by the condemner. Our clients pay nothing for their eminent domain case unless we recover more money than what was originally offered.

Condominium Property Dispute

Partner Andrew A. Woellner secured a $135,000 settlement for a condominium owner whose property damage claim was underpaid by his insurance company. The client’s home experienced sewage and drain backup after the Houston Memorial Day floods. The insurance carrier underpaid the client, offering only $6,733.99 for damage incurred to the carport, and blaming the entire building loss on a “flood exclusion.”

Mr. Woellner utilized his experience handling first-party insurance claim disputes to secure a substantial settlement for his client; defeating the insurance company’s flood argument and using the carrier’s own policy language to defeat its arguments regarding the interior damage.

Commercial Building Roof Damage

Partner Andrew A. Woellner secured a $135,000 settlement for a commercial property owner whose roof damage claim was denied by his insurance company. When evaluating the roof, the insurance carrier blamed the property damage on the age of the building and roof, and they hired an engineering company to support that opinion.

Mr. Woellner used his experience handling first-party insurance claim disputes to identify significant flaws and errors in the carrier’s evaluation and the engineering opinion. Andrew Woellner successfully secured his client with enough money to replace his roof and also cover the cost of attorney’s fees and expenses.

Settlement for Preschool

Partner Andrew A. Woellner secured a $115,000 settlement for a preschool in addition to the $148,050.72 originally offered by their insurance carrier. Many attorneys would not pursue a case in which the insurer had already paid a significant amount to the insured, but Mr. Woellner used his experience handling first-party insurance disputes to identify certain items that were improperly excluded by the carrier. He successfully recovered money for the client which permitted the full scope of repair to the property.

CEO Fraud

Potts Law Firm represented a United States Bankruptcy Trustee in C.A. No. 4:11-cv-3700; Rodney Tow vs. Amegy Bank, John H. Speer et. al, in the United States District Court for the Southern District of Texas. After over Ten Million Dollars in pre-trial settlements with various defendants, the case proceeded to trial against the target defendant with an ultimate verdict in favor of the Plaintiff. Potts Law Firm was awarded the Fraud “verdict of the year” as a result of the victory. Ultimately, the recovery resulted in millions of dollars in fraudulently taken assets being returned to creditors.

Sgroi vs. St. Louis University Hospital

Derek H. Potts was appointed Lead Plaintiff’s Trial Counsel in the case of Sgroi vs. St. Louis University Hospital, which obtained a verdict due to medical malpractice. Mr. Potts successfully argued the appeal before the Missouri Supreme Court, upholding the verdict. See Sgroi vs SLUH, No. SC 89840.

Case: Sgroi vs. St. Louis University Hospital – St. Louis City District Court, 2009

Whitfield vs. C.R. Bard

U.S. District Court of Rhode Island, 2011. Co-Lead Plaintiffs’ Counsel obtained a jury finding that C.R. Bard’s Kugel Mesh is unreasonably dangerous.

Callen vs. Heartland

Buchanan County Circuit Court, 2006. Lead Plaintiffs’ Counsel which obtained a seven-figure settlement during the trial due to medical malpractice.

Small Statured Seat Belt Defect

Potts Law Firm secured a judgment and subsequent confidential settlement against an automobile manufacturer for a defective occupant restraint system provided for the front seat driver in a 1990 vehicle. The client, 5’ and 130 pounds, while wearing her motorized passive should harness and manual lap belt was rendered a C4-5 quadriplegic in a frontal collision. Plaintiffs alleged that the restraint system was defective and unreasonably dangerous, especially to small-statured persons as the shoulder belt naturally rested on the necks of smaller individuals, greatly increasing the chances of neck injuries in collisions.

This was a judge-tried case. After presenting evidence as to liability, the judge entered a plaintiff’s verdict. Shortly thereafter the case settled for an eight-figure confidential amount.

Fraud & Unlawful Scheming

Potts Law Firm represented a Bankruptcy Trustee in Civ. Action 14-02439 Bryan et al. v. LaPorte, PC in an accounting malpractice case. The claims related to the accounting firm helping the owner of a hedge fund defraud investors by improperly booking gains or losses as fees enabling the owner to hide the scheme. While the settlement amount is confidential, it was a significant amount and was high enough to pay every creditor of the bankrupt hedge fund in full.

Commercial Property Dispute

Potts Law Firm attorneys negotiated on behalf of a South Texas commercial property owner whose land was taken by a private oil and gas pipeline company. The original offer of $55,216 did not consider that the pipeline property taking went directly through the middle of the land, impacting an immense portion of the property. Our eminent domain attorney utilized his past experience of working for the condemner to negotiate on behalf of his client; having extensive knowledge of the laws of just compensation and knowing what the condemner is required to consider when determining property value.

The eminent domain attorneys at The Potts Law Firm receive attorney’s fees based only on the amount exceeding the original offer by the condemner. Our clients pay nothing for their eminent domain case unless we recover more money than what was originally offered.

Seat Back Failure

Potts Law Firm secured a confidential seven-figure settlement against an automobile manufacturer when the client’s vehicle was struck by another vehicle causing the driver’s seat to collapse backward allowing the client to be thrown into the back seat where she received spinal cord injuries, rendering her a quadriplegic. The plaintiffs’ alleged that the driver’s seat was designed and manufactured of inadequate strength to prevent its collapse backward in a foreseeable collision.

Surgical Negligence

Potts Law Firm achieved a settlement for a medical malpractice case on behalf of a minor injured during surgery in Kansas.

Defective Airbag

Potts Law Firm secured a confidential seven-figure settlement against an automobile manufacturer for the clients when their nine-year-old daughter was killed by the passenger side airbag in this low-energy collision. It was determined that when the client hit a 90 lb. deer (which is the same size as a large dog), the delta-V was only 3 to 5 mph, which is well below the threshold that the airbag should have fired. The plaintiffs alleged the vehicle manufacturer’s deployment threshold was too low, that the bag was too big and too aggressive, and failed to have a tether.

Residential Property Roof Damage

Partner Andrew A. Woellner was privileged to represent another attorney in his fight against an underpaying insurance carrier. When his home was damaged by hail in Dallas, Texas, the insurance carrier told him that only 3 roof tiles were damaged, and the repair did not exceed the deductible. Mr. Woellner utilized his experience handling first-party insurance claim disputes to secure a substantial settlement for his client; collaborating with a public adjuster to demonstrate that the entire roof needed replacement.

Avandia Aggregate Settlement

Potts Law Firm entered a high seven-figure aggregate settlement on behalf of clients that ingested Avandia and were injured.

In Re: American Medical Systems Litigation

Co-Lead Negotiation counsel for over 13,000 cases resulting in near-global settlement.

In Re: AT&T Mobility Class Action

Class counsel for consumers in the states of New York, New Jersey, and Arkansas which participated in a global settlement.

Auto Explosion

Potts Law Firm secured a confidential seven-figure settlement against an automobile manufacturer for a defective fuel tank system. The client received 3rd and 2nd-degree burns over 60% of her body when the 2004 vehicle she was driving was hit in the rear causing the vehicle to become as witnesses describe a “fireball.”

Defective Seat Belt

Potts Law Firm secured a confidential seven-figure settlement against an automobile manufacturer for the clients when the restraint system in the subject vehicle failed to properly restrain their son in a rollover. The sixteen-year-old decedent was driving home when he swerved to avoid a dog in the road and his vehicle left the road and overturn. During the rollover, the driver’s side door opened and the vehicle’s seatbelt tore allowing him to be ejected and killed.

Defective Seat Belt Buckle

Potts Law Firm secured a confidential seven-figure settlement against automobile manufacturers when the client’s seat belt was unlatched during a collision allowing him to move forward which caused his head to impact the interior of the vehicle. The client’s head impacted the sunroof surround, stopping his head while his body kept moving forward. The loading caused a bulging disc and resulted in damage to his spinal cord at C3-C4. The client was immediately rendered a quadriplegic.

Testing performed by the Plaintiffs’ expert revealed that the subject buckle did in fact exhibit the false latch condition. Plaintiff’s expert measured the amount of force necessary to pull the tongue out of the buckle and repeatedly determined that it was more than five pounds, thus demonstrating noncompliance with FMVSS 209. Numerous tests conducted by their expert revealed that the buckles are susceptible to the false latch condition and require approximately fifty pounds of force to release the tongue. These forces are more than the average person exerts on the belt during the operation of the vehicle. Accordingly, the occupant would believe that he or she is fully restrained when in fact, the buckle is waiting to fail in the event of an accident.

State of Kansas vs. John Cheek Jury Trial

Wyandotte County District Court, 1995. Member of the Prosecution Trial Team which obtained a 1st-degree murder conviction of an off-duty police officer.