Verdicts & Settlements
Mr. Lyon has successfully litigated and represented hundreds of individuals in complex medical malpractice and personal injury cases. The success for those cases is spread amongst all the attorneys, experts, and witnesses that helped litigate the cases to success. Ohio Rules of Ethics may not support posting specific results and many settlements are protected by confidentiality agreements.
Moreover, The Lyon Firm considers the privacy of the clients as sacred and most clients do not wish for the cases to be publicized. Past results are not indicative of future results and may only create undue expectations. Each case is valued and litigated on the individual merits of the case. If you elect to retain our firm, the value of your case will be discussed in the context of previous cases and within the confidentiality of the attorney client relationship.
Joseph M. Lyon, with the assistance of co-counsel, qualified experts, hardworking staff members, and trusting clients, has successfully recovered settlements valued in excess of a million dollars.
Recent Noteworthy Verdicts, Settlements & Rulings
Medical Malpractice/ Medication Error: Benicar Causes Terminal Birth Defect
Joseph M. Lyon, along with co-counsel, Mark B. Smith, successfully represented a family who lost their newest member at birth. It was alleged that the family doctor and obstetrician failed to properly monitor the mother's medications, and, specifically, the physicians failed to discontinue Benicar (a hypertensive medication recognized to cause birth defects). As a direct result of the physicians' negligence, the fetus suffered toxicity, and the baby was born with terminal birth defects following a full term pregnancy. After expert depositions, and two years of litigation, the case was resolved at mediation for a confidential amount.
Vioxx » Drug Litigation
After years seven years of litigation, which involved the production of over 50 million pages of documents, Merck has offered $4.75 Billion to settle over 20,000 pending Vioxx claims. Joseph Lyon participated in the Vioxx litigation, and currently represents Plaintiffs who will participate in this remarkable settlement. The Firm extends its gratitude to the Plaintiffs’ Steering Committee, and all lawyers nationwide who worked endlessly on this litigation to provide the compensation that is now available.
Guidant/ Medtronic Defibrillators » Medical Device Litigation
After several years of litigation, which included a successful challenge to preemption, the Guidant and Medtronic have offered to settle nationwide claims arising from the defective design, warning, and manufacturing process which lead to a nationwide recall of hundred of thousands of Implantable Cardiac Defibrillators.
Joseph M. Lyon participated in the early research and Plaintiff Steering Committee discussions related to the Guidant litigation. Mr. Lyon also participated in PSC depositions and strategy sessions. The settlement was a result of wonderful coordination of Plaintiffs’ attorneys nationwide and we offer our praise and admiration to the lead attorneys who ultimately negotiated and settled this important case on behalf of thousands of patients.
Defective Seat Belt Design, Failure to Warn/ Recall » Crashworthiness Litigation
In April, 2007, Joseph M. Lyon, along with co-counsel, his father, Michael F. Lyon, settled a case on behalf of a 14 year old boy from Mansfield Ohio who suffered a frontal lobe brain injury following an auto accident where his seat belt failed. The case alleged that the seat belt buckle in the family Mini Van was defectively designed in that it was prone to inadvertent release during foreseeable accident sequences. Mr. Lyon presented evidence that the company knew of the defect yet failed to adequately warn or recall the seat belt buckle. After two years of litigation, the parties reached a structured settlement a case weeks before trial for a confidential amount that will provide the care and security for the minor child for the rest of his life.
Failure to Diagnose and Treat Breast Cancer, Failure to Timely Communicate Lab Results » Cincinnati Medical Malpractice
In October, 2006, Joseph M. Lyon along with, co-counsel, Dan Hodes, Newport Beach, CA, settled a medical malpractice case involving the failure to timely diagnose breast cancer in a 39 year old women. As a result of the delay, evidence demonstrated that the patient suffered a 50% increase in the likelihood of recurrence, which would ultimately return as terminal metastatic disease. The failure to diagnose arose from the physician’s failure to communicate a positive biopsy which showed early stages of breast cancer. Had the biopsy been communicated the patient would have been treated with excision and avoided chemotherapy, mastectomy, and had a 95% chance of survival. After two years of litigation, the parties reached a confidential settlement that accounted for medical bills, mastectomy, as well as all wrongful death damages.
Failure to Diagnose Pseudo Tumor Cerebri » Cincinnati Medical Malpractice
Joseph M. Lyon served as co-counsel with Mark B. Smith and successfully settled a claim brought by a minor female who presented to a local Cincinnati Hospital with signs and symptoms of Pseudo tuor cerebri. The hospital failed to timely diagnose the condition which resulted in permanent vision loss to the patient. The case settled for a confidential result before trial.
Construction Negligence » Cincinnati Intentional Tort
Joseph M. Lyon served a lead counsel in construction accident where a flagger was trapped underneath an excavator during an excavation project in Clermont County, Ohio. The plaintiff lost his leg, which required an above the knee amputation. After a year of litigation the case resolved for $1.2 million settlement week before trial in addition to over $700,000 of workers compensation benefits being paid.
NATIONAL LITIGATION VERDICT REPORT
Verdicts and settlements change as jurisdiction changes. Our country is united yet consists of many different points of view from one part of the country to the next. Therefore, the economic loss value can drastically change awards. However, most people, whether in Manhattan Kansas or Manhattan, New York, find it difficult, if not impossible to put an economic value on life and its attributes. That being said, if a value must be put on a life, we all agree it is worth millions. The cases below reflect the differences and similarities in awards across the country:
Los Angeles, CA
A Los Angeles jury awarded a former teacher $18 million dollars for his malicious prosecution claim against the Los Angeles county police department.
Chicago, IL
A Cook County Hospital agreed to settle a medical malpractice claim brought on behalf of a child who suffered brain bleeding, hydrocephalus, after improperly being delivered by C -Section at 29 weeks. The OB miscalculated the gestational age. The case settled for $20.5 million.
Covington, KY
A Kentucky jury awarded $8.73 million to the Estate of a ten month old who was killed when a tractor trailer lost consciousness and crossed the median.
