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, the strength of the evidence, 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 multiple six and seven figure settlements.
Recent Noteworthy Settlements
JOSEPH M. LYON SETTLEMENTS
In Re Depo Provera Litigation
Pfizer resolved all of the claims currently pending in the New Jersey State coordinated litigation. Joseph Lyon represented 12 females who suffered osteporosis due to the failure of Pfizer to properly warn them and their physicians. All 12 cases were resolved favorably for a confidential amount.
Negligent Highway Design: Negligent Utility Placement and Maintenance
Joseph Lyon represented a Kentucky couple who suffered severe injuries after sliding off a rural highway and striking a pole that was located six feet from the road. The pole had been struck by three other cars in the past five years and violated authoratative highway design standards that require "safe recovery zones". After litigation began, the pole was removed, yet the company continued to argue that it did not control the placement of the pole, attempting to invoke an agency estoppel defense. The case was resolved for a confidential amount. Many other cases such as this happen every day, and the utility companies take very little action to address these roadside hazards.
Undersinured Motorist Claim:
Joseph Lyon resolved a underinsured motorist claim on behalf of Mansfield family who suffered the loss of their grandmother when a motorist ran a stop sign. Nationwide paid the policy limits under the policy.
Defective Medical Device: Zirconium Hip Fracture and Failure
Joseph Lyon along with co-counsel Altom Maglio litigated and settled a case for a local man who suffered a catastrophic hip replacement failure due to a defective manufacturing process. The manufacuring process affected the physicial integrity of the hip such that it fractured with ordinary use. The case was resolved at mediaiton for a confidential amount.
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.
IN RE EPHEDRA
Joseph M. Lyon worked on the national Ephedra MDL focusing on the liability of GNC and Cytodyne. Mr. Lyon participated in numerous depositions and document reviews. In addition, he helped lead counsel prepare to try a test case in the MDL, which was settled for a confidential amount a week before trial. The case invovled a 25 year old women who suffered a heart attack ater ingesting Ephedra based product Xenadine.
IN RE ZYPREXA
While working at Lopez Hodes, the Firm, under the guidance of senior partner Ramon Lopez, was instrumental in settling over 5,000 Zyprexa claims for approximately $800 million.
PUBLIC HEALTH SETTLEMENTS
IN RE ADVOCATE HEALTH CARE:
Advocate health care agreed to settle a class action suit that alleged it failed to provide adequate charity care to the uninsured.
IN RE UNITED HEALTH GROUP INC:
The Wall Street Journal reported that United Health agreed to pay $350 million to resolve several class action suits that alleged the industry systematically undercompensates physicians and hospitals that are outside its network. The settlement is subject to court approval.
Johnson and Johnson v. Boston Scientific: Patent Dispute Continues
J&J prevailed over Boston Scientific in an appeal related to related to the patents surrounding drug eluting stents. In 2005, a jury found that J&J had infringed on Boston Scientific's patent of the drug eluting stents. However, the federal appeals court disagreed and reversed the decision and dismissed the case holding that Boston Scientific's patent was not innovative enough in light of a patent held by Medtronic.
In the D.C Federal Circuit, an appeal is also pending where J&J won a $703 million judgment against Boston Scientific after a jury found Boston Scientific infringed on patents held by J&J.
IN RE ZYPREXA (DECEPTIVE MARKETING):
In yet another settlement over the antipsychotic Zyprexa, Eli Lilly agreed to pay $1.42 billion to resolve claims whether Lilly minimized side effects and promoted the drug for "off label" uses. In October, it agreed to pay $62 million to states over state consumer protection claims. In addition, Lilly will plead guilty to a misdemeanor count of promoting the drug for dementia treatment.
