We represented many families in Colorado who were harmed as a result of the Sultzer Inter-Op Hip and Knee defects, we took action to ensure that the settlement was fair and attorneys fees reduced to all people affected by the recall.
In the federal litigation, In re Sulzer Hip Prosthesis and Knee Prosthesis Liability Litigation, MDL 1410, Beth Klein played a significant role in negotiating a revised settlement with Sulzer valued at more than $1 billion. Beth Klein served on the national discovery and settlement team in the Sulzer Inter-Op Hip and Knee Implant MDL. This case involved 27,000 people who had received hip implants that were contaminated with benzine containing motor oil.
When a "defendant friendly" settlement was reached with a signing kickback, Beth and her team objected and appealed to the 8th Circuit. Through her team's efforts, the settlement value was substantially increased to $1.2 Billion.
The Defendant had an insurance policy that included attorneys fees - known as a "pac man policy" - meaning that the more work insurance defense lawyers performed, the less insurance was availalbe for the injured people. Beth and her team negotiated with Sulzer to stop the wasting of the avaiable insurance and to issue shares to raise capital in phases so that a fully funded settlement could be achieved.
Beth's team insisted that all lawyers' fees were reduced to 20% so that the people harmed, were helped.
Klein Frank went to extraordinary lengths to find witnesses to the tragic
burn injuries in Iraq that occurred during the surge. Our lawyers traveled
the world to locate former Iraqi workers and overcame great obstacles
to bring their testimonies to the United States. The result of our dedication
to our client is a $18.78 Million Verdict in Dallas County, the home of
the contractor whose negligence caused our client to suffer life altering burns.
As a result of our efforts, Klein Frank was inducted into the Texas Verdict Hall of Fame and won Case of the Year for 2013.
A young woman was driving home to Colorado from Utah when, for unknown reasons, she lost control and went off the road and her car rolled over. The roof and other structures held up fairly well, but the young woman sustained catastrophic injuries including a high spine fracture leaving her quadriplegic and needing to use a ventilator to breathe during part of her day.
The investigation determined that the seat belt was defective. The seat belt defect, called “skip locking,” prevented the seat belt from locking properly and holding the woman in her seat. Instead, the seat belt failed to lock quickly, allowing several inches of the seat belt webbing to spool out and allowing the woman to hit her head at the top of the windshield causing her broken neck.
After a four week trial in the Denver District Court, the jury agreed with the Plaintiff’s case and found that the seat belt was indeed defective and caused the woman’s permanent injuries. The jury, after hearing evidence of the extensive medical treatment which had taken place and was also needed in the future, awarded a $17.5 million dollar verdict.
The importance of understanding insurance coverage cannot be emphasized enough. Retaining lawyers that know how to work with complicated insurance coverage issues is key to the success of any case. This matter involved three separate insurance carriers, child custody issues, and complex umbrella insurance language. Make sure that your lawyers understand insurance coverage issues.