Our Successes

Carey Danis & Lowe is dedicated to providing excellent legal representation for the individuals and families we represent. Carey Danis & Lowe has represented the interests of those injured through negligence, motor vehicle accidents, and by defective products, as well as those financially harmed by consumer fraud. Below is a sampling of notable cases.

Randy Dorman v. Bridgestone/Firestone, Inc.

Exploding tire rim, $105 million jury verdict.

Maldonado v. Regal Riverfront Hotel

In October 2003, $13.5 million verdict upheld on appeal for boxer who suffered brain damage due to the failure to have an ambulance at the boxing match.

Yvonne Haltom v. Medical Engineering Corporation

Defective breast implant, $4.5 million jury verdict.

Elliott v. Kelly Trucking, et al.

Trucking accident, $2.1 million settlement for death of 17 year old daughter.

Arbuthnot v. Northern Insurance Company of New York

Court entered $1,000,000 judgment in favor of injured man whose insurance carrier denied coverage.

Gaskin, et al. v. Wyeth

Six plaintiffs suffered valvular heart disease after taking the diet drug Fen Phen. The case settled for a confidential amount after eight days of trial.

Shelbourne v. Jackson Life Insurance Company, et al.

Plaintiffs’ daughter was murdered by her husband to collect life insurance. Plaintiffs sued seven life insurance companies for negligently issuing life insurance policies that acted as the motivating factor for murder. At a mediation in 2003, the case settled for a confidential amount.

Product Liability

Lockhart v. Peterson Manufacturing, et al. – $1,650,000 settlement from one defendant and a confidential settlement from a second defendant for a Marine who suffered a brain injury when a multi-piece wheel he was working on exploded.

Negligence

McKichan v. St. Louis Hockey Club, 1997, $2.5 million jury verdict for Steve McKichan who was a goalie on a minor league hockey game when he was knocked unconscious and his career ended by Tony Twist who was playing for the St. Louis Hockey Club farm team.

Medical Malpractice

Parks v. Dr. Daake, et al. – alleged negligent laparoscopic gallbladder removal. Defendant doctor clipped and transected the common hepatic duct during a laparoscopic cholesectomy. Settled with defendant immediately prior to trial for a confidential amount in 1997.

Lee v. Barnes-Jewish Hospital, et al., failure to diagnose deep vein thrombosis which led to a fatal pulmonary embolism for a 35 year old woman. Her husband and children settled for a confidential amount at mediation in 2001.

Vaughn v. Dr. Yzadi, alleged negligent laparoscopic gallbladder removal. Defendant doctor misidentified the common hepatic duct for the cystic duct and the hepatic artery for the cystic artery and clipped and transected the common hepatic duct and right hepatic artery. The surgeon further cut the ducts a second time where they went into the liver while dissecting the gallbladder away from the liver. This also caused a thrombosis in the portal vein which stopped the flow of blood to the liver and led to the eventual death of the patient. The case settled immediately prior to trial for a confidential amount in 2002.

Karr v. Dr. Cassady, defendant mistakenly clipped and transected the common bile duct during a laparoscopic cholesectomy and the failed to identify the error during surgery. Settled with defendant doctor prior to trial for a confidential amount in 2004.

Mottaz v. Barnes-Jewish Hospital, et al. – plaintiff was provided the incorrect medication, Loxipine, an anti-psychotic drug, instead of Raloxine (a medication for osteoporasis). The prescription was misfilled by the pharmacy and the mistake was not caught by the hospital. In 2005, the case settled for a confidential amount.

Fordham v. Dr. Choi and Mendota Community Hospital – plaintiff developed cervical cancer and had routine pap smears which were misread by the pathologist. The hospital settled in 2006 for a confidential amount and the case against the pathologist, Dr. Choi, is still pending.

Class Action/Commercial Litigation

Jack Henry & Associates v. Unisys Corporation. This was a $15,000,000 breach of contract action regarding the research, development, and marketing of JHA/USA software on Unisys computers. After a jury verdict in favor of Jack Henry & Associates, the case settled in 1992 for a confidential amount.

Israel v. Citicorp Mortgage Co., et al., consumer class action case, alleging miscalculation of adjustable rate mortgages. In 1992 the case settled for $1,650,000 in refunds to the class members.

Warmann Oil v. Rubin Brown & Gornstein. This was an accounting malpractice case brought by Warmann Oil Co. against their accountant, Rubin, Brown & Gorstein as a result of alleged inaccurate audits of Warmann Oil’s financial statements. The case settled in 1993 for a confidential amount.

Kelly, et al. v. Blue Cross/Blue Shield, et al. This consumer class action challenged Blue Cross/Blue Shield of Missouri’s method for calculating co-payments on health insurance policies. In 1995, the case settled for $5,000,000. The defendants were also required to re-calculate co-payments and lifetime maximums and were enjoined from engaging in the discounting practices in the future.

Schrand v. Orkin Exterminating Company, Inc. This was a consumer class action alleging breach of contract and fraud in the sale and application of termite exterminating services. In 1995, a settlement was reached in which the plaintiffs received services estimated to be worth approximately $7,000,000 with an additional $2,100,000 awarded as attorney’s fees and payment of $1,000,000 to Missouri’s Merchandising Practices Act revolving fund.

Aboussie v. Chicago Title Insurance Company. In the lawsuit 10 plaintiffs alleged that they had title defects on property insured by Chicago Title Insurance Company, and that it breached its title insurance policies with Plaintiffs and was negligent. In 1995, a verdict was rendered in favor of the plaintiffs for approximately $455,000.

John Belden, et al. v. Chicago Title Insurance Company. Eleven plaintiffs alleged that they had title defects to property that they owned in which Chicago Title Insurance Company breached its contract or was negligent. In 1996 the jury awarded aggregate damages of over $800,000.

Metzler v. Nationwide Insurance, consumer class action alleging that certain underinsured motorist coverage was worthless. In 1996 settled – class members received premiums they paid plus a separate amount paid for attorney’s fees.

Uptegrove v. American States Insurance Co. – consumer class action for purchase of underinsured coverage when there is no coverage based on definition of underinsured motor vehicle. In 1996 settled for return of premiums and separate payment of attorney’s fees.

Fenn, et al. v. Chicago Title Insurance Company. This action was similar to Aboussie and Belden, and involved approximately 60 Plaintiffs. The case settled in 1997 immediately before trial for approximately $2,100,000.

Vessel Structure Container System v. Procter & Gamble. This case alleged misappropriation of trade secrets, tortious interference with business expectations by VSC against P&G. The plaintiff alleged that after showing an invention to Procter & Gamble, P&G claimed that they were the inventors of the invention and patented it in the United States as well as numerous foreign companies. In 1999 the case was settled for a confidential amount.

Sinclair v. United Healthcare of Georgia, ERISA class action for improper calculation of copayments on health insurance. The case was settled in 1999 for approximately $5,000,000 after class certification was granted.

Luwemba v. United Healthcare of Georgia, breach of contract for improper calculation of health insurance copayments. The case was settled in 2000 after class certification was granted.

McHugh v. PHP of Greater St. Louis, class action challenging calculation of health insurance copayments. The case was settled in 1999 after the class was certified.

Inverizon International, Inc. v. Verizon Communications. This case involved trademark infringement and tortious interference with business expectations. The damages alleged were in excess of $350,000,000. In 2003 the case settled for a confidential amount.