Verdicts & Settlements

Medical Malpractice: The Apffel Law Firm successfully handled a medical malpractice lawsuit for a client whose wife was admitted to a local medical facility for a percutaneous trans-luminal angioplasty, commonly known as a heart catheterization. During the procedure the patient suffered a rupture of her descending aorta. As a result of the aortic rupture, the patient underwent emergent repair of the torn aorta and then had to have a second surgery due to a partial disruption of the aortic suture line and massive hemorrhaging. An attempt was made to re-suture the defect, but failed and unfortunately the patient passed away. Prior to suit being filed, the Apffel Law Firm retained a cardiology expert to review the patient's medical records and it was his opinion that the doctor used inappropriately sized balloons and inappropriate balloon inflation pressures during the catheterization and this is what caused the rupture of the aorta. The case settled at medication prior to trial.

Hurricane Ike : The Apffel Law Firm recently successfully resolved of a claim against a major insurance carrier who failed and refused to pay a valid claim arising from Hurricane Ike. The client had insured a 1969 classic car with the insurance company since the early 1970's. When a claim was made following the hurricane for damage that it caused to the vehicle, the insurance company attempted to take the position that the vehicle was insured for a stated amount that was substantially less than market value of the vehicle. The case against the insurance company was made when the Apffel Law Firm was able to prove the case with documents uncovered from the insurance carrier's own underwriting file that supported the claim of the client. The case was settled at mediation for an amount that more accurately reflected the true market value of the vehicle.

Motorcycle/Truck Accident : Client was struck broadside while riding his Harley Davidson motorcycle to work early one morning. The accident resulted in a traumatic amputation of his left leg about the knee. Client also sustained severe injury to his left arm and elbow resulting in multiple surgeries. Our firm successfully negotiated pre-settlement advances for living expenses and home modifications to accommodate client for wheelchair access and other disability issues. Ultimately case was settled without suit being filed.

Petrochemical Plant Accident: Client was injured when an emergency isolation valve that his crew was working on was over-pressured (bottled nitrogen) and "blew out" as he was standing right next to it. He was working as an electrical instrumentation technician in the Houston ship channel area and the concussion of the blast caused our client to temporarily lose consciousness and fall to his knees while he was working up on a scaffolding platform. He needed neck surgery to repair a herniated disc. He recovered to the point where he could return to work doing what he was doing before. The case was successfully settled for our client. We were able to prove that the company in charge to the testing procedure did not have in place a written protocol for implementing this testing procedure. Following our involvement, the company instituted a new safety "standard operating procedure" to ensure that this did not happen again.

Commercial/Contract Case: Hurricane and Insurance Repair Services company responded immediately to damaged properties on Galveston Island following Hurricane Ike destruction. Company entered into contract with property owner to do work and began mobilizing its workforce and devoting its resources and materials and equipment to the job task. After 30 days on the job, property owner fired the company without cause and took over the work serving as its own general contractor and pocketed contractor fees due under the policy. Insurance repair company (our client) was not paid for the work they performed over the 30 days they were on the job, nor were they reimbursed their out of pocket expenses. Property owner was sued for breach of contract, fraud, and defamation. Trial was to jury in Galveston County over a 3 week time period. The jury returned a verdict of our client's favor in the amount of approximately $12,000,000.00 in actual damages and approximately $12,000,000.00 punitive damages. Judgment has been entered by the 56 the District Court.

Wrongful Death/Minor Child: Galveston causeway was under construction when a street cleaning company was working on top of the causeway. The trucks were in a convoy and failed to take proper precautions when they got to the top of the causeway so as to enable vehicles topping the causeway to have adequate warning of the convoy being "just over the hill" and that approaching vehicles may have to slow or stop to avoid street sweeping trucks. Traffic was slowed to a point where our clients had to also slow, and then they were struck from behind by a commercial van that was not able to stop or avoid the slowed traffic. The impact caused the death of an infant child riding in the back seat of the vehicle. The case was successfully settled on client's behalf. As a result of our efforts, the speed limit was lowered on the causeway during the completion of the causeway project which took another three years to complete.

Slip and Fall/Severe Wrist Injury: Client was visiting family member at nursing home. Tripped and fell over metal plate in the sidewalk that was placed over walkway to serve as drainage for rainwater. Metal plate was not permanently attached to sidewalk, and over time had become bent and worn. Client injured when she tripped over raised edge of metal plate and fractured wrist. Nursing home/property owner discarded plate immediately after fall and cemented in area where metal plate had previously been. Owner did this at multiple locations along sidewalk. Client took photos of area day after incident occurred and luckily photographed a similar plate that was used for demonstrative purposes. Case was successfully settled to client's satisfaction at mediation.

Petrochemical Plant/Scaffolding Accident: Client was working at petrochemical plant in Texas City when he slipped of a ladder as he was climbing it to work as an industrial painter. Contractor in area left work area before cleaning up the scaffolding and platforms in the area. Contractor used bottles of grease to lubricate the bolts they were using during a shutdown of the unit. The grease was tracked over the work areas including the ladder our client had to climb to access his work area. He slipped off the ladder because of the grease on the ladder. The case was successfully settled just before trial against three different defendants.

Jones Act/Crane Accident: Client was severely injured while working at a shipyard and while in the process of doing bulkhead work. had been assigned to work as a deckhand on a fleet of tugs in the Galveston ship channel and surrounding waters. A crane operator dropped a "hammer" down on him while he was trying to position a metal sheet into place. The "hammer", a large metal object used for driving metal sheets into the ground to help shore up bulkheads, hit our client in the shoulder and leg. Our client suffered multiple injuries, including a traumatic amputation of his leg just below the knee. A favorable settlement was reached on behalf of our client on the Friday before the Monday trial was scheduled to begin.


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