Todd Gardner - More Million Dollar Jury Verdicts and Arbitration Awards Since 1995 Than Any Other Attorney in the State of Washington

Largest Medical Negligence Jury Verdict in Washington

• April, 2005 Verdict of over $17 million in Snohomish County.
• Benjamin suffered severe brain damage at birth.
• Defendants denied responsibility and only offered $50,000, forcing trial.
• The jury's award has greatly improved Benjamin's life.

Largest Highway Design Jury Verdict in Washington

• July, 2001 Verdict of over $13 million in total damages.
• City of Seattle held accountable for dangerous intersection after refusing to offer more than $1 million.
• Badly injured mother now able to support her family and live at home.
  

Record Setting Jury Verdict for a Newborn Girl's Shoulder Injury

• November, 2004 Verdict of $2.58 million against Group Health
• Taylor suffered serious nerve damage as a result of unrecognized shoulder dystocia
• One of the largest shoulder dystocia verdicts in the country.
• Group Health and its insurance company only offered $300,000.

Largest Wrongful Death Verdict in Washington for a Senior Citizen

• Jackie died at age 70 from an overdose of Coumidan
• Pharmacy held accountable for its error.
• April, 2000 Verdict of almost $2 million made it possible for her husband to continue to live at home and avoid having to go into a nursing home.
• Safeco, the pharmacy's carrier, refused to offer more than $500,000.

Largest Wrongful Death Arbitration Award in Washington for a Senior Citizen

• Bruce died shortly after he retired when a tire flew off of an uninsured Jeep and crashed through the windshield killing him right in front of his wife, Marjorie, as they were driving south on I-5 for a vacation.
• Their own insurance company refused to offer more than $200,000, which led to Arbitration of their uninsured motorist claim.
• The Arbitrator awarded more than $1.5 million in December, 2002.
• The Award has allowed Marjorie to live independently and build her own home.

Wrongful Death Verdict Against Crystal Mountain for a Snowplow Accident

• Dan was 45 when his pickup truck was hit by an out of control snowplow as he drove up the Crystal Mountain Road to go snowboarding-he died from a severe head injury the next day.
• Kathy and Dan had been married for only 5 years and she was devastated by her loss.
• The Pierce County Jury awarded over $1.3 million in December, 1997.  The last offer by Crystal's insurance company was $850,000.
• The award allowed Kathy to keep and maintain their hobby farm.

Clinic Held Accountable for Death of Young Father and Husband

• Gordy was 29 with a young wife and newborn daughter when he died as a result of his Clinic's failure to diagnose his diabetes.
• The Clinic blamed Gordy for his own death and refused to offer anything to settle the case, forcing it to trial.
• A King County Jury returned a Verdict in October, 2000 of over $1.15 million.
• The Jury's award has provided financial security for his widow and daughter.

First Million Dollar Jury Verdict in Washington for the Death of a Child

• A medication error resulted in the tragic death of a five-day old baby boy.
• Prior to this case, no jury in Washington had awarded more than $400,000 for the death of an infant.
• The hospital's insurance company refused to offer more than $250,000.
• In August, 1995 the jury returned a verdict in favor of the parents of $1 million.

Low Back Disk Injury Resulted in a Jury Verdict of Over $1 Million

• A Puget Power lineman injured his back in an accident caused by a Food Services of America truck.
• Evidence of a Puget Power plan to outsource the work of its lineman demonstrated that Kirt’s back injury would make it very hard to earn a living.
• Travelers, FSA’s insurance company, blamed Kirt for the accident and made a minimal offer.
• The King County jury returned a verdict of $1.1 million and found that FSA was 85% at fault.

Todd Gardner has obtained outstanding verdicts on behalf of less seriously injured clients as well -- the following are some examples of his results.

Kitsap County Jury Verdict for $370,000 in 2004 in a Medical Negligence Case

• First medical negligence plaintiff's verdict in Kitsap County in many years.
• Rex suffered permanent nerve damage in his shoulder.
• Insurance company for the physician refused to offer more than $50,000.

Pierce County Jury Verdict of $780,000 in an Automobile Collision Case

• Farmers Insurance offered only $200,000 prior to July, 2001 trial.
• Evidence showed how foot injury impacted Lucia’s ability to work as a cook for the Rainier School.
• Jury Verdict allowed Lucia to retire early and limit the damage to her foot.

Jury Verdict of $225,000 in Thurston County in an Automobile Collision Case

• A home health-care nurse suffered a hip injury in a low speed collision.
• The insurance company claimed her hip problems were not caused by the accident.
• Sharron was willing to settle for $150,000, but the insurance company only offered $50,000, forcing trial.

Truck Accident Results in May, 1999 King County Jury Verdict of $548,000

• John suffered jaw and shoulder injuries in an accident involving a truck.
• The insurance company offer was $215,000.
• John was willing to settle for $400,000 prior to trial.

State Found Responsible for Misleading Traffic Signal on SR 99

• The State installed a confusing and misleading temporary traffic signal at an intersection on SR 99 near Sea-Tac Airport.
• During the one year a signal was in place the State was aware that there were 7 prior accidents almost identical to Pam’s, including a fatality.
• The State did nothing and the 8th similar accident resulted in Pam’s death at age 19.
• Under Washington law at the time, the maximum that could be awarded was $300,000.  The King County jury awarded $300,000 in 1983.  The State's only offer before trial was $15,000. This is one of several defective highway design cases Todd Gardner has tried or settled.

Foss Alaska Lines Held Accountable for Negligent Packaging

• Rich was injured when a support piece for a conveyor belt fell off of a pallet packaged and shipped by the defendant, severely injuring his right leg.
• The insurance company for Foss blamed Rich for the accident and refused to offer more than $25,000.   Rich had offered to settle for $125,000. 
• In 1989 a King County Jury awarded $500,000.

Todd Gardner has obtained the following results in trial in 2006:

Recovery for a Ureter Damaged During Hernia Surgery

• Case previously resulted in a hung jury requiring a second trial.
• Clients had been willing to accept $125,000, but the Surgeon refused to authorize negotiations making settlement impossible.
• Private trial in February, 2006 resulted in an award of $241,000.

Allstate Appeal Results in Larger Award

• Allstate's driver was 100% at fault, but Allstate refused to offer more than Brad’s medical expenses.
• Allstate turned down an offer to settle for $27,000 and insisted on Arbitration.
• Arbitrator awarded $43,000 and Allstate appealed and demanded a jury trial.
• Trial in June, 2006 resulted in a jury verdict of $231,000.
• This is one of many successful results we have obtained for police officers who have suffered injuries in auto accidents.

Arbitration Results

Many underinsured motorist claims against the injured driver's own insurance company are resolved through Arbitration.  In addition, many smaller claims (no more than $50,000) can be handled through the Superior Court's Arbitration system.  Our office has obtained numerous Awards for clients through Arbitration, including one of the largest wrongful death Arbitration Awards in State history.

Arbitrator Awards Over $1.5 million for the Wrongful Death of a 66 Year Old Man

• Largest Washington arbitration award for the family of a victim over 65. 
• Farmers Insurance refused to offer more than $200,000.
• Our client, the surviving spouse, is now able to build her own home and is financially secure.

Settlements

Of course, most cases we handle settle before they reach Trial or Arbitration.  Our outstanding record in the Courtroom makes it easier for us to satisfactorily settle our clients' cases.  The following are some of our more notable settlements:

GMC Held Responsible for Fire That Burns State Trooper

• An epic legal battle with one of the world's largest corporations resulted in a significant settlement for a Washington State Trooper who was severely burned in the line of duty.
• Settlement was accomplished only after we uncovered a number of incriminating documents buried in GMC’s files.
• The settlement has allowed Mike the financial security to obtain a law degree and pursue a career as an inspirational speaker.

Settlement for a Paraplegic the Largest At Its Time

• A $6.6 million settlement for a middle-age carpenter who lost the use of his legs in an auto accident was obtained in 1996.
• Tom was on his way to work when his car was crushed between a newspaper delivery van and a vehicle that was following a house that was being moved want a public road.
• During the last week of trial in 2001 the insurance companies gave up and agreed to pay the full $6 million we had requested on behalf of our client and her family. 

Settlement for a Wife and Mother Severely Injured During Surgery

• On the day prior to trial we indicated our client would settle for $6 million.
• The last offer prior to trial by the insurance companies for the defendant physicians and hospital was $1.7 million.
• During the last week of trial in 2001 the insurance companies gave up and agreed to pay the full $6 million we had requested on behalf of our client and her family.
• Money from the settlement is now in a Trust that is used to care for our client.

Persistence Results in Sizable Settlement for Widower and Child

• Our client was five months pregnant and suffering from gestational diabetes when her blood sugar got too low while she was driving with her two-year-old daughter on Southcenter Parkway.
• As  her blood sugar dropped her vehicle began to swerve within her two northbound lanes.
• A southbound Metro Bus that was waiting to turn left attempted to force northbound traffic to stop by blocking the inside northbound lane.
• Her rental car collided head-on with the front of the Bus resulted in her death and injuries to her little girl.
• A Pierce County Superior Court Judge threw the case out and we went to the Court of Appeals.  The Court of Appeals said the Judge was wrong and ruled that we had the right to go to trial.
• The case was settled shortly before trial for a significant figure that has greatly benefited both her surviving husband and their little girl.

Settlement in 2006 Against State of Washington for $3.3 million

• Jim was attempting to pass a truck on a state highway when he lost control and slid into the median.
• Unfortunately, the State Department of Transportation had decided to try and "protect" motorists from pillars holding up an overpass with an earth berm rather than a guardrail.
• Studies have shown that these earth berm's are generally ineffective.  Plus, the berm in this particular location wasn't even built in accordance with the State's own plans and specifications.
• The berm did nothing to redirect Jim's car away from the pillar and the impact resulted in an explosion and fire that severely burned Jim before several Good Samaritans could pull him to safety.
• We pursued a defective highway design case against the State that was settled for $3.3 million in 2006.
• Drivers are now protected, at least to some extent, by cable guardrails at this location.

At Swanson Gardner we will do everything we can to obtain the best settlement, Arbitration Award or Jury Verdict for our clients.  We will never force a client to go to trial who wants to settle, and we will never force a client to settle who wants to go to trial.  At our office, you have the right to make your own decisions.  We will always give you our best advice, but you are ultimately in control of how your claim is resolved.