CHARTER JET CRASH RESOLVED IN EIGHT-FIGURE SETTLEMENT
Attorneys Bob Spohrer and Galen Bauer recently concluded a pre-suit settlement on behalf of a Gulfcoast businessman injured in the crash of a chartered Citation. The aircraft encountered a line of thunderstorms while flying over the Midwest. Rather than divert to an appropriate airport, the crew canceled their IFR flight plan and attempted a dangerous landing at an uncontrolled airfield. The pilots landed downwind on a wet runway that was far too short to accommodate the turbine aircraft.
After touching down the crew deployed thrust reversers in an unsuccessful effort to slow the aircraft and then attempted to go around – in violation of the pilot operating handbook. When the plane overshot the runway striking an embankment, the crew members were killed and the two passengers were seriously injured. Our client suffered significant orthopedic and neurological injuries. Post-crash investigation revealed that the flying pilot had been taking medications that impair judgment and decision-making.
In pre-suit settlement conferences, the legal challenge was overcoming the one-million-dollar cap on non-economic damages which the defense argued should apply. According to Bob Spohrer: “We were able to successfully make a choice of laws analysis which would avoid the very unfair cap on damages and at the same time advance a significant claim for the client’s business losses. The carrier for the charter operator made a realistic evaluation of their exposure and a settlement in excess of ten million dollars, present value, was reached on the second day of negotiations.”
$22.9 MILLION VERDICT UPHELD BY THE U.S. SUPREME COURT
The hard work of our aviation lawyers over the years has contributed to the safety of air travel by exposing and removing hazards and unsafe practices. Our success has also resulted in multimillion-dollar verdicts and settlements on behalf of clients.One example of that is the Rhodes, et al. v. United Technologies, Inc. case that involved the crash of a Sikorsky Blackhawk helicopter on landing at Wiesbaden Army Airfield in Germany. The firm’s aircraft accident investigation disclosed an unrecognized design defect that led to a $22.9 million jury verdict on behalf of injured and deceased Army personnel and their families.
This verdict was upheld on appeal by the U.S. Supreme Court.
Government Awards $9.48 Million After Verdict Found FAA Largely Responsible For Crash
The crash of a Piper Cherokee at Jacksonville International Airport resulted in the deaths of all four onboard. The pilot, attorney Don Weidner, and another attorney, Thomas Bowden, together with their clients James and Adrienne Abrisch, were all from the Jacksonville area.
There was heavy fog in the region that evening and Mr. Weidner had tried to land at two other nearby airports, without success. Relying on favorable weather reports about current conditions at Jacksonville International (JIA), he diverted the aircraft there. The plane crashed while he was attempting to land.
In investigating the crash, our attorneys uncovered several factors they were certain had played a major role. The accident occurred when the tower was closed for renovations. Air Traffic Controllers at JIA were operating out of an ill- equipped temporary tower. This tower did not include standard weather equipment, including radar and weather-measuring instruments. Controllers were communicating via the “walkie-talkie” feature of their cellular phones with other controllers in a separate building and providing only infrequent weather updates.
Our attorneys proved in a federal court trial that Air Traffic Controllers failed to update Don Weidner on the deteriorating weather conditions prior to his attempted landing and that this negligence was the key cause of his crash.
A U.S. District Court judge ruled that the Air Traffic Controllers were negligent by failing to provide the pilot with current weather conditions and attributed the majority of the fault for the crash to the FAA. The Federal Government paid the families involved a total of $9.48 million settlement in this wrongful death case.
Government Awards Family Confidential Settlement For Mid-Air Collision Caused By F-16
Estate of Olivier v. US Air Force: Jacques Olivier was returning home to Tampa from Sarasota in his Cessna. He was in communication with air traffic controllers and was flying the course and altitude they had assigned him. At the same time, two Moody Air Force Base F-16
_ghters were traveling below 10,000 feet at 450 knots to 200 knots above FAA speed regulations for that altitude level. FAA regulations also required them to be in communications with Tampa approach controllers while at that position. Instead, the Air Force pilots “chopped” and discontinued radio contact. They were illegally ]ying in controlled air space without being in communications with anyone.
Jacques Olivier had just a few moments to try to avoid the collision before the impact cut his Cessna in half, killing him instantly. Pieces of the plane rained down on the golf course below. The Air Force pilot thought he had “hit a bird,” ejected and landed safely. Our attorneys, retained by co-counsel for our aviation expertise, investigated this accident and determined exactly what had occurred to cause this tragedy. While never of_cially reporting fault, the Air Force acknowledged liability, and we negotiated a con_dential settlement for the surviving members of Jacques Olivier’s family.
$3.75 Million Settlement Reached On Behalf Of Five Military Families
AC-23B+ Sherpa Twin Turbo-prop carrying 21 National Guardsmen was en route from Hulbert Field, Florida to Oceana NAS, Virginia, when it suddenly pitched sharply downward and rolled to the left, ripping the wings from the fuselage. The three-man Florida National Guard ]ight crew and all 18 of the Virginia Guardsmen on board lost their lives.
Our firm was retained to represent a number of the families of the deceased Guardsmen. We discovered that the manufacturer had modified the plane’s original design by cutting it in two, adding a cargo ramp, removing 6 feet of the cabin, and making a change to the tail section. The scientific evidence showed that these modifications had a catastrophic effect on the longitudinal stability of the aircraft.
A settlement of $3.75 million was reached with Bombardier Aerospace, Short Brothers of Northern Ireland, Duncan Aviation and Rockwell Collins, all of whom had been involved in the production or maintenance of this airplane.
$2.8 Million Settlement Reached In Pilot-Caused Helicopter Crash
Robin Leedom, a 43-year-old single mother whose work involved arranging air transport for VIPs, was the sole passenger in a chartered Bell 206 Helicopter on a flight from Orlando to Daytona Beach. Her flight never arrived. The Bell 206 crashed in low clouds and reduced visibility in a swampy area, spreading the wreckage 300 feet. Robin and the pilot were killed on impact. NTSB investigators and officials were initially baffled about why an experienced pilot, on a routine flight, would suddenly lose control and crash. Our firm was hired by Ms. Leedom’s estate to determine the cause of this fatal accident. Our investigation uncovered that the blood alcohol level of the pilot was at an illegal level of 11 points when he was transporting Ms. Leedom. Prior to flying suit, a $2.8 million settlement was reached with the insurers for the charter company.
“My sister would be very pleased with the work you did for her kids. Thanks again to you and your team for a tremendous job!” – Jeff Smith, Brother of Robin Leedom
$4.9 Million Verdict Awarded For Spinal Cord Injuries
Barbara Newman was a lung surgery patient. Upon awakening from her procedure, her first words to the nurse were, “I can’t move my legs.”
Unbeknown to her, foreign material left in her surgical site was compressing her spinal cord, slowly causing irreversible injury with every passing hour. The hospital staff and her surgeon did little to address the medical emergency. More than a day passed before a reasonable assessment of her symptoms began.
Ultimately, an MRI imaging study revealed the foreign material compressing Barbara’s spine. Emergency surgery removed the substance, but the damage was done. Barbara was left with severe and permanent neurological injury and extraordinary medical care costs for the rest of her life. Although the surgeon and hospital denied responsibility and blamed each other, Bob Spohrer and our medical negligence team took the case to a jury in a two-week trial. The jury evaluated the evidence and rendered a verdict of $4.9 million in favor of our client.
$1 Million Settlement Reached In Military Medical Malpractice Death Case
Jocelyn Foster was a 46-year-old mother of two when she entered the care of doctors at the Jacksonville Naval Hospital. She was admitted to this medical facility for help with menstrual pain; within three months she was dead from negligent surgical complications.
The chain of medical events that lead to the death of Jocelyn Foster began with her first visit to the Jacksonville Naval Hospital. She was referred to a gynecologist who scheduled a total hysterectomy without ever looking at her medical records which noted previous abdominal surgeries.
By her own admission during deposition, the physician should not have performed the surgery at all, due to Jocelyn’s medical history. With the first surgical incision, the doctor transected Jocelyn’s small bowel, cutting it in two.
A second surgery was performed to repair the bowel but during the surgery, her bowel was injured again. Mrs. Foster never recovered and died of sepsis. Our team of attorneys settled the federal tort claim with the U.S. government for $1 million on behalf of Mrs. Foster’s survivors.
Doctor’s Negligence During Birth Process Results In $1 Million Settlement
A Jacksonville couple’s joy at the birth of their son was eclipsed by the horror and pain of the serious, permanent injuries the wife sustained due to a careless physician’s negligence. Our attorneys represented the family, negotiating a $1 million settlement with the responsible doctor.
Upon admission to the hospital, labor did not progress normally and the physician allowed nurses to try manipulating the unborn child to facilitate a vaginal birth. More than 15 hours of unsuccessful labor passed before her physician ordered a cesarean section.
In the operating room, the physician told others that she felt faint and during the course of surgery cut through the patient’s uterine artery. After the delivery, the new mother was sent to recovery where her blood pressure began to drop and she lost consciousness. This was reported to her doctor, but it was more than an hour before the physician came in to do an examination. At this point the patient was suffering from internal bleeding and severe shock; her blood pressure and pulse had become dangerously low. Although her critical injuries were accumulating, the physician waited another 12 hours before attempting to repair the bleeding artery. The new mother suffered a brain injury, damage to her reproductive system and nerve damage to her lower extremities.
Firm Reaches $1.2M Settlement With Negligent Apartment Complex
Chip Anderson had no idea of the danger lurking right outside his second-floor apartment. On January 3 of 2004, he stumbled and fell into the slanted breezeway area that fronted all of the apartments in the complex. When his body hit the breezeway’s guardrail, both the top and bottom rail broke, causing it to swing out like a gate. Chip fell two stories onto solid concrete, landing on his head and shoulders. He sustained permanent brain, shoulder and back injuries and was forced to resign from his position as a City of Jacksonville employee.
Massachusetts-based complex owners and management company had already been baffled and a settlement offer of $100,000 tendered when firm Attorneys Roger Dodd and Jay Howanitz were asked to handle the case. With consideration for the severity of Mr. Anderson’s injuries and the impact on his career and life, they rejected this offer and began to vigorously prepare the case for trial.
Investigation revealed that the railing was more than 40 years old and while it had periodically been painted for cosmetic appearances, it had never been structurally maintained or repaired. Our firm also discovered that the railing violated height and maintenance requirements in Florida building codes.
Beginning in August of 2007, Roger and Jay litigated on several fronts in Florida and Massachusetts against a large defense firm, bringing the case to conclusion in January of 2008 with a $1.2 million settlement on behalf of their client Chip Anderson.
$1.3 Billion Class Action Settlement With Sulzer Orthopedics
Sulzer Orthopedics, Inc., of Austin, Texas, manufactured defective arti_cial hip and knee products that were aggressively marketed to thousands of unsuspecting joint replacement patients across the country.
Evidence shows that the company, once aware of the design ]aws, worked to cover them up. They assured orthopedic surgeons that the products were safe to implant, knowing these patients would ultimately face painful major surgery to replace their defective artificial knee and hip joints.
Scores of victims injured by those products asked our _rm to represent their interests. We baffled both individual claims and the lead class action case for victims in Florida.
Ultimately, all claims were consolidated into a federal class action in the Northern District of Ohio. Attorney Chad Roberts was appointed by federal Judge Kathleen O’Malley to help coordinate nationwide discovery activities and to serve as a liaison between national class counsel and counsel in other states throughout the country. After many months of hard work by Chad Roberts and teams of attorneys representing the victims of Sulzer Orthopedics, a $1.3 billion settlement plan was negotiated that provided substantial compensation to those whose artificial joints had failed or were likely to fail in the future.
Medical Device Case Leads To Ground- Breaking U.S. Supreme Court Ruling: Lohr v. Medtronic
Our client, Laura Lohr, was a young woman implanted with a pacemaker manufactured by Medtronic. The device failed to operate properly and although Laura called Medtronic’s 800 number, she received no response or assistance. The claim that ensued from the failure of what was marketed as a life- saving product became the contentious and well- documented case, “Lohr v. Medtronic.” Medtronic’s attorneys took the position that because the product was FDA-approved, the manufacturer could not be held liable for damages arising out of its failure to operate as specified.
Arguing that the defense’s motion constituted “preemption” and was unjust, Bob Spohrer won the right to take the case to trial. The decision was appealed, and ultimately upheld by the U.S. Supreme Court. The court ruled that defective FDA-approved products are not immune from liability and prosecution in the civil justice system. Bob and his team reached a con_dential settlement with Medtronic that provided fair compensation for our client’s damages and medical needs.
Dangerous Toy Causes Fire And Death Of Two Children
The death of two small children in a home fire started by a defective “disco light” toy was at the center of a lawsuit handled by attorney Steve Browning against several companies, including the distributor and retailer.
In the early morning hours, two children under eight were asleep in their room. Their newly acquired toy, a “disco light,” an electrified sphere that emits colored lights in ]ashing patterns, was plugged into a wall socket. The “disco light” caught fire.
Asleep in another room, their mother was unaware of the fire until she smelled smoke and carried her children outside.
Unfortunately, the children were overcome by carbon monoxide poisoning from the smoke and could not be revived.
Steve Browning comments on the cause of this tragedy: “Children are too often the victims of unthinkable things. This was a toy – it should not have been built to get hot enough to catch fire. We investigated and found this product was manufactured in China. Clearly, it did not meet the strict codes that should have been imposed on it before being shipped to retailers in the U.S. It is one more example of dangerous imported products being sold to children.”
Vigorous discovery and prosecution ultimately resulted in a confidential settlement with multiple defendants on behalf of the family of the deceased children.
Defective Products Cause Catastrophic Accidents
A young woman from Norfolk, Virginia, was traveling I-75 en route to Florida when the tread on her Firestone tire separated and she lost control of her Ford Explorer. The vehicle rolled several times before ending up on its side in the median. The driver’s window was open, so despite being belted in, the young woman’s legs were ejected and pinned under the car when it finally came to rest. She received serious injuries to both legs, and ultimately lost one to amputation.
Our attorneys undertook a thorough investigation of the accident and inspection of the failed tire, discovering that product defects were to blame. Attorney Steve Browning explains: “Accidents and severe injury are caused by defective products more frequently than is realized or re]ected in litigation. In this case, we determined that both the tire and automobile manufacturer were liable. On the eve of trial, both defendants offered settlement commensurate with our client’s injuries and needs.”
Husband Compensated For Wife’s Death By “Big Rig” Manufacturer
Tammy Tucker and her husband Steve operated a Peterbilt tractor-trailer. In while she was at the wheel and he was asleep in the cab, Tammy encountered an unexpected patch of ice. Although she was no stranger to driving on ice, when she attempted to correct for the slide, the cab was jerked around by the interaction of the trailer. As it slid sideways, Tammy’s door and it unexpectedly opened. She lost her balance; falling partially out of the door. Within seconds the entire rig tipped over on its left side. No longer able to hold on to the wheel, Tammy was ejected out of the truck and crushed by its weight.
Steve Tucker survived, believing what had occurred was just a horrible accident. While at the funeral service for Tammy, Steve learned that a recall notice had just come out from Peterbilt related to a faulty latch on the same come open and thrown his wife to her death.
Steve Browning took the case, and few out to the accident site in South Dakota to conduct a thorough investigation, which included an examination of the door on the Tucker’s truck. He gathered evidence that proved that the door latch was defective. This, coupled with the results of our investigation, demonstrated their culpability,” said Steve Browning, who reached a con_dential settlement with Tucker and his children.
“I appreciate everything Steve Browning did for us. Under the horrible circumstances, working with him and the firm was a positive experience and led to the best outcome possible.” – Steve Tucker
Jury Awards $4 Million For Death Of Young Woman In Trucking Accident
A young life was lost in a collision with a truck at a roadway construction site. 17-year-old Brooke Ladue was pulling out of a neighborhood onto a state road when an oncoming Mack truck with one headlight and a driver exceeding the speed limit crashed into her Honda. The driver had also exceeded the number of hours he was supposed to drive in a specific time period.
The site of the accident was an intersection that was part of a road-widening project. The intersection was cluttered with construction barrels and debris and a 10-foot mound of crushed rock that made it impossible for Brooke to see the oncoming truck. Despite these facts, the of_cial investigation concluded that Brooke was at fault in the accident.
Brooke’s parents, Ted and Carolyn Ladue, brought their case to our firm, asking us to help vindicate Brooke for the accident and to help bring related public safety issues to light. Attorneys Bob Spohrer and Steve Browning investigated the accident and discovered negligence and liability with two defendants – the truck driver’s company and the roadway construction company. The case concluded with a jury award of $4 million.
Traumatic Brain Injury Victim Receives $15M Annuity
Intersection collision – brain injury – attorney Steve Browning settled a case on behalf of a young girl who was rendered grossly and permanently disabled when the driver of a commercial automobile rear-ended her vehicle at an intersection.
The 7-year-old victim was seated in the back seat on the passenger side – the accident’s point of impact. She sustained a life- changing traumatic brain injury.
Steve Browning aggressively prosecuted the case on behalf of this young child and her family, successfully resolving it in just over one year from the date of the accident. He explains: “The defending law firm refuted our claim of negligence and liability for months. They claimed that the child’s mother caused the accident while crossing the intersection. Ultimately, the facts we presented at mediation brought the case to a positive conclusion. We reached a settlement suficient to purchase an annuity that covers all of the child’s future medical and life-care needs.”
“Thank you so much for all you have done for our family. You are all a very gifted group of attorneys and we thank you for your efforts” – Mother of Injured Child
Distracted Driver Hits Pedestrian
A distracted driver hit a pedestrian standing behind his properly parked work truck. Our client was seriously injured and ultimately had to have his leg amputated. Spohrer Dodd determined that not only was the motorist at fault, but the motorist’s insurance company made things worse by failing to follow Florida’s basic rules for insurance companies.
The client in this case did not let his disability dampen his spirits. We enjoyed getting to know him and we are happy to have been able to help him.
$2.3 Million Recovered For Traumatic Brain Injury Caused By Negligent Trucker
Our client, an award-winning obstetrical nurse, sustained a traumatic brain injury in a trucking accident after a food service delivery driver negligently turned into her path. She took evasive action to try to avoid the imminent crash but was unable to avoid striking the truck’s trailer, which blocked all three lanes of the highway. The roof was sheared off her sedan as it slammed underneath the defendant’s trailer, nearly decapitating her.
After spending almost a month in a coma, our client awoke to find she had suffered cognitive and personality changes. She was no longer the nurse that, months earlier, was commended for providing excellent care for the hospital’s newborns. In the accident, her wrist was severely deformed and a blood clot required her to relearn how to walk without assistance.
In addition to her orthopedic injuries, her short-term memory had deteriorated. She was no longer able to remember speci_cs from her life-long nursing career. After 18 months of litigation, attorney Barry Newman negotiated a settlement that funds an annuity that provides our client with financial assistance for life.
Federal Judge Awards Accident Victim $2.25 Million
For 30-year-old Mike Tewkesbury, it was a life- changing day. He was in his “dream job” at Northrop Grumman Corporation in St. Augustine, working as an aircraft mechanic. While on his way to pick up his daughters at a day care center, his car was t-boned by a vehicle driven by a U.S Army Recruiter. Traveling northbound, the recruiter made a left turn at a traf_c signal-controlled intersection just as Mike’s vehicle, which had the right- of-way, was crossing through the intersection from the other direction. It happened so suddenly and unexpectedly that Mike had no chance to stop or avoid being hit. Although his totaled vehicle had been rammed on the driver’s side, he was wearing a seat belt and appeared to escape with only minor cuts and bruises. He counted himself lucky – then. By the following morning, Mike Tewkesbury was in excruciating back pain. Over the next three months, Mike sought medical treatment, including physical therapy and was given “mountains” of medication, including a phenol patch. He was diagnosed with muscle strain and ligament strain; an MRI showed a bulging disc in his lower back. It was determined that he had suffered a herniated disc and a “microshave” was performed in that area to give him relief. His back was reconstructed with rods and screws. This procedure relieved some pressure, but ultimately a morphine pump that has to be replaced every five years was installed into his abdomen. The pain and need for frequent medical treatment forced Mike to resign from his position. The Army Recruiter who hit Mike denied responsibility for the accident, claiming that Mike had run a red light and produced a fellow Army Officer to back up his claim. It was at this point that Mike brought his case to Steve Browning. During his investigation, Steve discovered that the Army’s internal investigation of the accident found the recruiting of_cer at fault for the collision. Steve learned $3000 for repairs to the Army vehicle. The case was trial by a U. S. District Court judge. Ultimately, federal Judge Harvey E. Schlesinger ruled in favor of Mike Tewkesbury and awarded him a total of $2.25 million.
$2.05 Million Verdict For Military Family
Doctors at Naval hospital Jacksonville told young Navy wife Angela Burch that the source of her chronic pelvic pain was “severe endometriosis” and could only be cured by a complete hysterectomy. Angela’s subsequent surgery left her with debilitating pain much worse than when she had first sought medical help at the Naval Hospital.
Attorneys Chad Roberts and were experienced with the types of diagnostic and surgical procedures Angela had undergone. After filling a federal tort claim, our attorneys began to notice subtle but troubling inconsistencies in Angela’s medical records.
At trial, the real story emerged through the defendant’s own testimony: Angela Burch never had “endometriosis” at all; the source of her chronic pelvic pain was a treatable disease of the bladder. Navy doctors actually knew this before Angela’s unnecessary hysterectomy but never told her. presented all of the damages testimony at trial, and a $2.05 million verdict was rendered for Angela Burch and her family.
Federal Judge Finds In Our Clients’ Favor Over $17,000,000
Mrs. Terry received permanent neck injuries when a Secret Service Agent and government employee rear-ended her during the course of his duties. Steve Browning took the case, filled the required pre-suit notice and began to prepare the case for trial.
The government, through the U.S. Attorney’s Office, vigorously defended the claim by focusing on our client’s pre-existing medical condition. The defense team required Mrs. Terry to endure a battery of exams with an orthopedic surgeon, neurologist, neuropsychologist and vocational rehabilitation specialist. They also hired a biomechanical engineer to testify that the force of the collision was not sufficient to cause Mrs. Terry’s injuries.
Working with Mrs. Terry’s treating doctors and a network of other experts, Steve gathered testimony that countered the defense’s barrage of negative evidence and proved causation of the injury. He presented his case in front of U.S. District Judge Timothy Corrigan who rendered a judgment in favor of our clients. “Judge Corrigan’s ruling awarding Julia and Ken Terry nearly $500,000 was fair and commensurate with the nature of the injuries sustained,” explained Steve Browning.
We have obtained compensation for multiple families that wrongfully lost a loved one due to medical malpractice. The settlements total to over $17 million.
Product Liability Trial Summary Catastrophic Accident Case For Injured Van Passengers
In 2015, a tow truck driver hit a passenger van from behind on I-75 near Gainesville, Florida, causing the van to roll over several times and leave the highway. Thirteen of the van passengers were severely injured and had to be airlifted to the hospital or transported via ambulance. The tow truck driver alleged that the van cut him off while trying to make an illegal turn, but police reports and testimonies indicated that the truck driver’s negligence caused him to rear-end the passenger van, causing the accident.
The injured plaintiffs did not speak English and could not afford to secure legal representation. Other local firms turned them down, but our team at Spohrer Dodd decided to help.
Despite the language barrier and our clients’ inability to pay, we were able to help them reach a settlement that allowed the injured parties to afford their medical bills and other accident-related expenses.
Recoveries For Victims Of Surgical Errors
Spohrer Dodd has secured multiple settlements for clients that were injured during surgery as a result of a negligent surgical technique. These verdicts combined for a total of over $17.5 million.
Over $8.3 Million Recovered For Post- Operative Infection Claims
The attorneys at Spohrer Dodd have handled multiple cases that resulted in settlements totaling over $8.3 million for victims of post-operative infections due to medical negligence.
Over $8.6 Million Recovered For Birth Injury Victims
Spohrer Dodd has recovered over $8,600,000 for birth injury victims and their families.
$3.38 Million Verdict Secured In Product Liability Claim
A woman suffered extensive injuries to both hands while operating a defectively designed manufacturing machine. Both her employer and the machine’s manufacturer were found to be 95% liable in combination. Attorneys Steven Browning and Keith Maynard took the case to trial and secured a $3.38 million verdict.
Emergency Room Negligence Cases Totaling Over $1.4 Million
The attorneys at Spohrer Dodd have recovered over $1.4 million on behalf of our clients that were severely injured as a result of emergency room negligence.
Recoveries In excess of $4.1 Million For Victims of Unnecessary Medical Care
We have obtained settlements in excess of $4.1 million on behalf of clients that received unnecessary medical care.
Over $4 Million Secured
Spohrer Dodd has secured over $4 million for clients that were injured as a result of defective medical devices/products.
Over $6.6 Million Recovered For Veterans
The legal team at Spohrer Dodd has recovered over $6,600,000 for veterans that were victims of VA and Navy hospital negligence.
Confidential Settlement For Aviation Accident
A U.S. Air Force (USAF) Dash-8 aircraft crashed in West African after running out of fuel. Civilian contractor Marcos Rodriguez sustained severely disabling injuries as a result of the crash.
Prior to the Dahs-8’s fateful flight, Mr. Rodriguez warned the pilots to buy additional plane fuel. However, those warnings were ultimately ignored.
Aviation accident attorneys from Spohrer Dood and New Mexico attorney Jim Gilman agreed to baffled a claim against the USAF under the Military Claims Act on his behalf. Mr. Rodriguez also received proceeds for his injuries under the Defense Base Act (DBA) – a law that provides injured victims workers’ compensation-type benefits for injuries government contractors sustain abroad. Under the DBA, if received payments for his injuries from the at-fault party in connection with an obligation to pay him damages, he must reimburse the DBA insurer for his DBA proceeds from the subsequent damages payment.
Mr. Rodriguez’ MCA claim was denied on the basis that he already received compensation for his injuries under the DBA. Mr. Rodriguez appealed the MCA claim denial up the chain of command. USAF informed Mr. Rodriguez that they will not consider the MCA claim further without getting a full waiver from the DBA regarding its purported right to be reimbursed from the MCA claim.
Mr. Rodriguez filled a civil action for declaratory judgment in a federal court in New Mexico, asking the court to hold that the DBA insurer had no right to reimbursement from the MCA claim’s proceeds because it was not paid in connection with an obligation to pay damages. Instead, a payment under the MCA is strictly voluntary.
The federal court ruled in favor of Mr. Rodriguez, declaring that the DBA insurer had no right to reimbursement. Eventually, USAF agreed to pay Mr. Rodriguez under the MCA.
