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Clients and Cases

Jessie Bollinger
Bollinger v. Brooksby; medical malpractice
After working many years as a secretary at Tektronix in Beaverton, Jessie Bollinger was enjoying her retirement. She visited with her family and participated in the many daily activities offered at her Tigard retirement home. However, that all changed one day in 2005 when she realized that something was seriously wrong with her vision.

Bollinger had been under the care of Portland ophthalmologist Dr. Gerald Brooksby. He prescribed her daily glaucoma medication and examined her eyes every six months. Dr. Brooksby would tell her everything was fine. But it wasn’t. Bollinger was slowly and permanently going blind. When she went to see a new ophthalmologist, the new doctor discovered permanent damage to the optic nerve and ordered a Visual Field exam, which provided evidence of a serious loss of vision. As a result, Bollinger was ordered immediately to a specialist and eventually underwent three surgeries to save what little vision she had left.

Glaucoma is known as the “silent disease.” When it is not controlled, it ever so slowly steals a person’s vision. By the time patients realize their vision is impaired, most of their vision is gone. Unfortunately, medication by itself – the treatment given to Jessie Bollinger – is no guarantee that glaucoma is under control. To be sure it is under control, an examination of the back of the eye is also required. Using a “slit lamp,” an eye doctor is supposed to check the optic nerve to make sure there is no damage to it. In addition, the eye doctor should give a yearly Visual Field exam, which is a test to determine if the patient is losing his or her field of vision. In Bollinger’s case, her physician completely failed to give a Visual Field exam; moreover, his examinations missed ongoing damage to the optic nerve.

Bollinger was referred to Larry Baron by another attorney. Working on behalf of Bollinger, Baron filed a medical malpractice claim against Brooksby for his negligence. The case settled when Baron got the eye doctor to admit that he knew patients should have visual field examinations during their yearly appointments. Brooksby could offer no reasonable explanation for his failure to do so for Bollinger.

Bollinger is grateful for the caring, personal assistance provided by Baron. “I know there are other good lawyers in town but Larry is the best,” Bollinger states. “I can’t say enough about Larry and his staff. They always treated me with respect and were concerned with how I was doing.” Bollinger no longer drives and she was impressed that Baron sent a car for her when they needed to meet in his office.

Today, Bollinger remains in good spirits despite battling a number of serious health problems. “The money from the settlement has helped me to be comfortable and deal with my medical bills,” Bollinger reports.


Kevin Odom
Odom v. General Motors; product liability
Kevin Odom always valued his his 1978 Chevy Scottsdale pickup truck. He was a self-described “pick-up kind of guy.” However, he did not realize a defect was hidden in the vehcle that was just waiting to reveal itself one night several years ago.

As Odom drove on a rural Marion County road one evening, a Buick Regal ran a stop sign and slammed into the side of his pickup truck, pushing it across the road into a ditch, where it burst into flames. Odom was farthest from the flames, while his passengers wlere dangerously exposed.

Odom realized that the passenger to his immediate right was dazed and struggling with her seat belt, while the other passenger appeared to be unconscious. Thanks to Odom’s tremendous courage and selfless conduct, he was able to reach through the flames and lift both passengers from the vehicle. “I was lucky to get out of the accident in decent shape, but both of my friends were badly hurt,” Odom recalls.

Odom and his friends had joined hundreds of others as victims of GM’s C/K pickup trucks fitted with unsafe sidesaddle gas tanks. Due to a defective design, the C/K’s sidesaddle tanks can burst into flames when moderate to severe collisions occur. The tank design was installed in over 10 million trucks GM pickups from 1973 to 1987 and is the worst auto crash fire defect in the history of the U.S. Department of Transportation.

Odom was fortunate that his burns and other injuries were relatively minor. However, he suffered serious psychological trauma. Odom, a Salem resident, was referred to Larry Baron’s office by another attorney. Baron helped Odom file a complaint against GM, alleging significant emotional distress. Rather than fight the claim in court, GM agreed to an out of court settlement.

Odom was pleased with the personal attention he received from Baron. “I was very happy with the outcome of my case and I’ve recommended Larry many times,” he says. “Larry and his staff were always available when I had questions.”

Odom believes his case against GM has helped hold the company accountable for the defective design of his pickup.


Maria Gaytan
Gaytan v. DaimlerChrysler; product liability
To most people, serious injuries sustained in automobile collisions are usually associated with high-impact collisions resulting in severely damaged or completely destroyed vehicles. However, seeminly minor impacts can also result in debilitating injuries. That was the case for Maria Gaytan.

In January 2004, Gaytan was involved in a collision near Hermiston that would be described by most people as a simple fender bender. After receiving a green light at an intersection, the vehicle in front of her accelerated but then stopped suddenly forcing Gayton to hit the back of it. Unfortunately, the airbag in her 2002 Dodge Neon deployed unnecessarily and with extreme force, crushing her right eye. Gaytan was wearing her seatbelt at the time of the collision, and if the airbag had not fired during the crash, she would have suffered no injuries.

Although damage to both cars was minimal, the damage to Gaytan’s eye was catastrophic. The unfolding bag slammed Gaytan in the face, smashing apart her glasses and rupturing the globe of her eye. After surgeons made every attempt to save the eyeball (vision was lost forever on impact), it was surgically removed and replaced with a prosthesis.

With the help of Larry Baron, Gaytan filed a claim against manufacturer DaimlerChrysler for a defectively designed airbag sensor system. Experts retained by Baron reported the single point sensor system in the 2002 Neon was at the heart of the problem. The sensor not only ordered the airbag to fire late, it caused the airbag to launch despite the fact that the collision was not severe enough to warrant deployment.

Baron’s experts argued that an effective sensor system should have sensors located at the front of the vehicle so that there can be early reception of a crash signal and a proper interpretation of it. DaimlerChrysler settled the case when Baron presented his evidence of the defective nature of the manufacturer’s airbag deployment system.

Thanks to Baron's help, Gaytan received compensation for her medical bills and the permanent loss of her right eye.


Jim Smith
Smith v. Kaiser; medical malpractice
During the last two decades, carpal tunnel injuries have risen dramatically among workers who perform repetitive motions with their hands, such as typing. When provided with proper treatment, which sometimes involves delicate surgical operations, people affected by carpal tunnel issues can resume their normal work and life activities. However, improperly diagnosed conditions and botched medical procedures happen far too often.

Jim Smith (name changed at client’s request) works for a  law enforcement agency in Portland. His job requires him to use his hands a great deal. In late 2006, Smith decided to seek treatment for pain that he was feeling in his hand. “I realized that I was having carpal tunnel problems, and that I needed to see a doctor,” the man recalls.

Smith consulted  Kaiser Permanente. A surgeon recommended a left median nerve release at the carpal tunnel. During the surgery, the surgeon cut and severed the left flexor pollicis longus or FPL tendon, which is not supposed to be cut as part of the procedure. Following his surgery, Smith experienced pain and was unable to flex his left thumb. “Right away, I knew that something was seriously wrong,” he says.

About one month after his surgery, Smith went to see another Kaiser surgeon, for a second opinion. The new surgeon diagnosed a likely rupture of the FPL tendon and performed exploratory surgery, which confirmed his diagnosis. The second surgeon went on to repair the ruptured FPL tendon. Although his FPL tendon was repaired, Smith continued to suffer pain and usage limitations. He later underwent occupational therapy to learn how to live with his damaged left hand.

Due to ongoing discomfort and the belief that the Kaiser surgeon had been negligent in his initial treatment of him, Smith decided to consult an attorney. His wife learned of Larry Baron and gave him a call. Baron helped Smith file a claim against Kaiser for medical negligence and breach of duty. The claim eventually resolved with a settlement agreeable to both sides.

Thanks to the settlement negotiated by Baron, Smith obtained  compensation for the permanent damage to his hand. He was also able to pay his medical bills. He’s gratified he held Kaiser accountable for the  error and interruption the error caused to  his career and personal life.

Smith enjoyed working with Baron’s office and recommends him to others. “Larry and his staff were just great,” he says. “They showed interest in me and were always there when I needed them.”

Although he still experiences pain, Smith has been able to resume a normal routine. “Overall, things are good. I’m still undergoing some issues with my hand, but thankfully it’s really never going to get any worse,” he reports.


William Day
Day v. Winnebago; product liability
Traveling with his wife in the couple’s motor home was an ideal lifestyle for William Day. Unfortunately, a dangerous manufacturing defect in his RV led to an unforeseen and seriously debilitating, accident.

Day was injured in his Winnebago Itasca Meridian motor home during a 2004 trip to Arizona to visit his son-in-law. He was putting away shoes in a storage area under the bed in the Winnebago’s bedroom area when a heavy board –  that held up the bed’s air mattress – fell on him, pushing him down on the floor and tearing the rotator cuff of his left shoulder. Day’s torn rotator cuff was the most severe his doctor had ever seen.

Although Day underwent surgery to repair his injured shoulder,  the shoulder never healed properly. “I’m still in a great deal of pain, and it just gets worse as I get older,” Day says.

After asking the advice of workers at his local courthouse, Day decided to retain Larry Baron to bring a claim against Winnebago. During the course of the subsequent investigation, Baron discovered that the board that landed on Day was secured by only four wood screws.  Also, the screws were most likely never tightened properly during assembly. When Day moved the board to gain access to the storage area, the board simply ripped loose of its foundation. This defect was only one of many plaguing the vehicle. During his brief ownership of the Winnebago, Day had to take it to the dealer, La Mesa RV in Portland, for numerous repairs.  Many of those repairs, including several to the bed area in question, were proven by Baron to have been performed in a substandard manner.

Baron visited many retail RV sales centers as he prepared Day’s complaint. He discovered that Winnebago’s competitors designed their storage areas differently.  Other companies used additional screws and incorporated a safer design to ensure a secure connection between the board and its foundation. In fact, Winnebago used a different design in its other coach models. Upon being presented with this information, Winnebago decided to settle the Day’s claim.

Day is thankful for Baron’s determined approach to hold Winnebago responsible for its shoddy workmanship. “Larry really went after them. He was like a bulldog,” Day says. “I’m glad Larry was on my side.”

Day continues to enjoy being a “fulltime RVer” despite suffering from lingering pain in his shoulder. A former longtime Oregon resident, he now lives in Washington with his wife Karleen and takes pleasure in driving around the country.


Toni Yuckert
Yuckert v. Dordevich; medical malpractice
As people age, prescription drugs often play a vital role in helping them maintain optimum health. Toni Yuckert, relied on Vioxx to alleviate arthritis pain and counted on the medication to allow her to enjoy life to the fullest. Like many others, Yuckert trusted her physician to ensure that her prescription was was suited for her. Unfortunately, her doctor made a critical mistake and took away much of Yuckert’s freedom.

A devoted mother and grandmother, Yuckert was an administrative assistant for the Parkrose School District in northeast Portland. After returning from a vacation to China with her husband Mike, Yucker suffered a serious stroke. The stroke left her partially paralyzed on her right side and unable to speak more than a few words.

At the time, Yuckert was taking 100mg of Vioxx per day at the recommendation of her doctor. However, the maximum recommended dosage of Vioxx was only 25mg a day. Rare exceptions allowed up to 50mg a day. We now know that Vioxx was a major contributor to heart attacks and strokes for many unsuspecting Americans. Although Merck – the manufacturer of Vioxx – was able to conceal these risks for many years, Vioxx was eventually pulled from the market.

Extensive media coverage regarding the health risks of Vioxx spurred Mike Yuckert to pursue legal action against Merck.

Another attorney referred Mike Yuckert to Larry Baron. When the Yuckerts first approached Baron, they were focused on holding Merck accountable. Vioxx had recently been recalled and it was obvious that the medication contributed to Toni’s stroke. However, as Baron studied Mrs. Yuckert’s medical records, her physician’s level of carelessness also became obvious. In addition to arthritis, she suffered from high blood pressure. In fact, that was what made Vioxx so dangerous for her.

Vioxx actually contributes to high blood pressure. Although her physician, Dr. Dejan Dordevich, prescribed blood pressure medication, it was countermanded by the abnormally high level of Vioxx he prescribed. Dr. Dordevich also failed to monitor Yuckert’s blood pressure appropriately. Rarely did he even take her blood pressure – a standard practice when caring for patients with high blood pressure. On the few occasions when Yuckert’s blood pressure readings were taken, they were dangerously elevated and no effort was made to address the problem. Baron and the Yuckerts decided to file a claim against Dr. Dordevich.

Through legal negotiations, Baron helped the Yuckerts reach a settlement with Dr. Dordevich. Mike Yuckert appreciated Baron’s dedication to the case and his determination. “I was really impressed with the amount of research Larry and his staff put into the Vioxx issue,” Mike says. “They were great and always kept us informed. I can’t say enough good things about Larry. While Toni can't express herself completely, she has made it clear to me she is thankful to Larry and his staff. ”

The settlement helped the Yuckerts make changes in their home and lives to accommodate Toni’s disability.


Holly Walker
Walker v Harri; medical malpractice
Living in eastern Oregon, Holly Walker enjoyed gardening and exploring the outdoors Holly Walkerwith her three children. However, she periodically experienced abdominal pain that eventually became serious enough for her to seek medical treatment. Unfortunately, a physician made a critical mistake in treating Walker that changed the quality of her life forever.

In the spring of 2006, Walker developed pain in the upper right quadrant of her abdomen. She was referred by her primary care physician to a gastroenterologist in Walla Walla, Washington. The gastroenterologist recommended an Endoscopic Retrograde Cholangiopancreatography (ERCP), a procedure used to identify kidney stones, tumors or narrowing in the bile ducts. He informed Walker that the procedure she needed was fairly simple and carried limited risks for complications. However, during the procedure, the gastroenterologist encountered problems and performed a risky “pre-cut” to better access Walker’s bile duct. His attempt to perform the pre-cut led to a punctured duodenum, which was not detected during Walker’s surgery.

With a torn duodenum, intestinal contents – including bile, hydrochloric acid, food, liquids, and enzymes for digesting food – spill into the abdomen. This life-threatening mixture is noxious and eats away at vital tissues and structures.

Immediately after surgery, Walker felt ill and experienced a great deal of pain. Nevertheless, she was discharged from the hospital, and her condition continued to deteriorate. The following day, Walker went to the emergency room where she was admitted and kept for observation for three days. On the third day, a CT scan was ordered and it revealed the perforated duodenum. Walker’s condition was considered critical, and a Life Flight helicopter was arranged for her immediate transport to Oregon Health Sciences University (OHSU) in Portland. After nearly a month of recovery at OHSU, Walker was released and returned home.

Walker realized that she had been the victim of medical malpractice and consulted an attorney for advice. She was eventually referred to Larry Baron, who handled her case against the gastroenterologist. With the help of medical experts, Baron was able to demonstrate that the ERCP procedure should never have been performed and that the physician was negligent during surgery and in the post-surgery care he provided. Because of that, the case was successfully settled at mediation.

Walker was impressed by Baron’s determination to hold the gastroenterologist accountable and by his accessibility to her. “Larry really did his research into my medical condition and was very professional,” she said. “He was always available and willing to answer my questions.”

Today, Walker’s life has largely returned to normal despite continuing to suffer from abdominal pain that was not addressed by her surgery two years ago. “I still feel residual pain, but the resolution of my case has helped me move on with my life.”


Anne Kirkwood

Kirkwood v. General Motors; product liability
"This wasn't supposed to happen to me," says Madras, Oregon, Kirkwoodsresident Anne Kirkwood. "This was supposed to happen to somebody else."
The "this" that Kirkwood refers to was a fiery explosion that changed her life. On August 11, 1994, she was driving on a highway near Madras when her car collided with a 1976 GM pickup truck with sidesaddle gas tanks. Upon collision, the tanks exploded and Kirkwood's vehicle was engulfed in flames. Her granddaughter, seated next to her, was killed by the fire and her granddaughter's half-brother, in the back seat, suffered severe burns.

Kirkwood herself was burned beyond recognition — her face was burned away and she lost her nose. In places, the fire burned down to her skull. She lost her right leg below the knee and lost sight in her left eye. Kirkwood spent an enormous amount of time in the hospital and suffered through numerous operations. Since the accident she estimates she has been through over 30 surgical procedures, mostly to rebuild her face with skin grafts.

At the time of the collision, the sidesaddle gas tanks were a known defect in the design of certain years of GM trucks. An effort was underway to recall the trucks. They had been estimated to have burned or killed hundreds of people nationally.

Because the defective GM truck was 18 years old when the incident occurred, Kirkwood could not claim damages against the Detroit manufacturer. Oregon law contains a statute of ultimate repose, which bars claims against manufacturers of defective products if the product in question is more than eight years old. These laws are unusual and Oregon's is the third most restrictive of all the 18 states that even have such a law. To be able to hold General Motors accountable, Kirkwood had to change the state law.

When Lawrence Baron began his solo practice in 1995, Anne Kirkwood was one of his first clients. Her fight against GM became his first major case in his own firm. Kirkwood is thankful she hired Baron because of his determination to pursue her case. "There wasn't a time I didn't feel absolutely confident in Larry," she says. "I put all my trust in him. I would trust him with anything in my life."

Baron worked wth lobbyist Brad Higbee at the legislature to change the law. Kirkwood's daughter, Annette, took charge to rally the family's church and community. She raised funds to hire the lobbyist in a story that might be compared to David against Goliath. Ultimately, an amendment to the statute of repose made its way through the legislature. The amendment specifically excepted "sidesaddle gas tanks" from the restrictive Oregon law. GM hired 18 lawyers to fight the case, but finally settled on January 10, 1997, 10 days before the trial was to begin. Details of the settlement are confidential.

For his efforts, Baron was recognized as 1997 National Trial Lawyer of the Year by the Trial Lawyers for Public Justice. In presenting the award, the organization said Baron took on a case that virtually no one else would have pursued. Baron acknowledged the efforts of the many individuals who assisted him, not only Kirkwood and her family but also his co-counsel, Paul Whelan and Mike Withey.Through it all, the lobbying and the trial preparation, Baron worked his way into Anne Kirkwood's heart. "All the way through," she recalls, "there wasn't a time when I didn't feel confident in Larry. He was so energetic and so personally concerned for my welfare. Outside of being my lawyer, I think of him as another son. We invite him to all our family reunions."

Kirkwood still has to endure her painful injuries. Through it all, however, she maintains a positive spirit. One judge commented about Anne Kirkwood that "you could go to heaven by hanging onto her skirt."
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Brenda Ross

Ross v. Teplick, medical malpractice
Brenda Ross sought out lasik surgery so she wouldn't have to wear contacts any more. She enjoyed swimming and water sports with her family. Without contact lenses in her eyes, she felt she could be more physically active with her family and enjoy life more.
Unfortunately, Ross's surgery went tragically wrong. A medical device was not properly assembled and it cut deeply into her eye. She suffered permanent damage and distortion of vision. To make matters worse, she learned that she never was a good candidate for surgery in the first place and her physician failed to tell her.

Following her surgery, she began to look for a lawyer to hold her doctor accountable. She and her husband settled on Lawrence Baron and Greg Zeuthen because of the compassion they demonstrated for her situation. Ross was also impressed that Baron had gone to the legislature to change a law so Anne Kirkwood could have her case move forward. "That told me a lot," said Ross. "That showed me Larry was the kind of attorney who would do everything possible for a client."

From the start, she knew she had chosen correctly. "Larry and Greg never left me out of the loop. I was in communication with them just about every day. They answered every one of my emails. The way they treated me throughout the process was awesome." Her case settled out of court in April 2002 in a confidential agreement. Her bond with her attorneys, though, has not lessened. "I feel that I made two new friends for life. We still communicate with Larry and Greg by email and phone on a semi-regular basis. I think the world of them."

Ross is a home school teacher to her four children, ages 2 to 14. Her impaired eyesight makes teaching her children extremely difficult but she finds a way to cope each day. Her oldest daughter recently enrolled in college level courses.

Aside from her family, Ross is extremely involved in support efforts for victims of lasik and laser eye surgery. She started a group for Oregon and Washington called simply, "Refractive Surgery Complications Support Group." She also participates regularly in a national web site for former lasik patients, "surgicaleyes.org." When she comes across someone who needs legal help, she never hesitates to refer them to Larry Baron and Greg Zeuthen.


Leo Morin

Morin v. Weston, medical malpractice
Leo Morin, of Veneta, Oregon, wanted lighter glasses — glasses that weighed less. His prescription made his lenses big and heavy. Because he worked as an industrial electrician, his eye glasses doubled as safety glasses. They had to be actually made out of glass and not a lighter plastic material.

Lasik surgery seemed to be the answer. He had surgery on both eyes on June 15, 2000. In the days following surgery, he began to realize something wasn't right. His left eye, in particular, was worse. At eye exams, when he was asked to look at the eye chart on the wall, he couldn't make out any letters, even the big "E" at the top.

He learned he had not been a good candidate for lasik surgery. The combination of his pupil size and the refraction of his eye meant he would have problems. He also learned that the doctors literally plugged the wrong refraction into the computer.

"The idea of suing someone was foreign to me," Morin says. "I don't think of myself as a confrontational type person." Yet, as he considered his situation and conversed more with other victims or lasik surgery, legal action became a real option. He made contact with Lawrence Baron and Greg Zeuthen."Larry and Greg reminded me of Gary Cooper in High Noon," recalls Morin. "Larry was so intense. And he knew the language... you could tell he knew a lot about lasik surgery. I thought, 'These are the guys.'"

The case went before a Lane County Circuit Court jury in Eugene on April 9, 2002. On April 11, the jury came back with a verdict against the doctor and awarded Morin $420,000 in damages."He didn't eat the day before the trial," Morin says of Baron's intensity. "He went after my case with all his heart and all his soul. We have a saying at work, 'when you're up to your a__ in alligators.' Well, when you're up to your a__, Larry is a guy you want by your side. I was thankful to have him as my attorney."

Morin still struggles with his eyesight. He suffers from "dry eyes." The dry eyes make his eyes feel like he's in a hot, dusty, desert wind. He relies mostly on his right eye for vision as his left eye produces what he describes as "a dozen double images." In artificial light, Morin says he sees about 40 percent of what he could see prior to his surgery.


Norma Brainerd

Swanson v. Nissan; product liability
Portland resident Norma Brainerd (then Swanson) purchased a 1994 Nissan Altima specifically because it featured a passenger side air bag. She felt that feature would help make her and her children safer. At the time, there had been little in the news about air bags posing a risk.
In December 1995 — just three nights before Christmas — Brainerd was the passenger in her Altima when the driver misjudged a turn and ran over an eight inch curb. The impact was minor, but the vehicle's air bags deployed and Brainerd was forcefully struck in the face. She was properly seat-belted and had her seat halfway back in the seat track. The air bag broke her nose, gave her a concussion and left her blind for six weeks. She regained the sight in her right eye but is legally blind in her left.

Following the accident, Brainerd began looking for an attorney to hold Nissan accountable for her injuries. "It wasn't just for me. I wanted to get those cars off the road." A friend led her to Larry Baron. "I was impressed with his determination," she says. "He really did a good job all the way to court. He dug into it and kept unearthing more and more cases where the same thing had happened to other people."

In his research for the case, Baron found evidence that the Altima's air bag had been designed to strike the occupant while still inflating. It flew out at the occupant at a speed of 159 miles per hour. All this was contrary to a basic premise of air bag design — that a bag be fully inflated before the occupant falls into it. Baron discovered over 20 other women and children who had sustained serious eye injuries in accidents involving 1994 and 1995 Nissan Altimas. He also learned that while the driver side air bag had tethers, the passenger side did not. Tethers are straps inside the bag that prevent it from traveling too far back into the vehicle. He learned statistically that air bags were not needed in low impact collisions.

In November 1998, Brainerd's case proceeded to a jury trial in U.S. District Court in Portland. "As we got close to the trial date, I was really scared," Brainerd recalls. "But Larry demonstrated this quiet determination. He helped me get through with his sense of assuredness and confidence." The trial began but on the third day the case settled.

Brainerd remained frustrated the cars were still on the road and other people stood a chance of getting hurt. In August 2002, Brainerd and her husband traveled to Washington, DC to participate in a Public Citizen news conference calling for the recall of 1994 and 1995 Altimas. "In the years since my accident, numerous other people have been injured by this same air bag," she told reporters. "Nissan remains aware of the defective product but has done nothing to recall and replace it. How many defective air bags will unexpectedly take the precious vision of other innocent victims before Nissan recalls this air bag?"

On April 24, 2003, Nissan finally announced a program to recall the Altimas and replace their defective device. Many observers believe the pressure Baron and Brainerd brought against Nissan was significant in moving the car company to initiate the recall.


Lori Ann Dilio

Dilio v. Jang; medical malpractice
Lori Dilio was attracted to lasik surgery because it presented an opportunity to get rid of her glasses. She enjoyed physical activities — skiing and swimming — where glasses were an inconvenience. Advertising by a Canadian lasik clinic convinced her the surgery would be a positive move. She went to a clinic near her Bellevue, Washington, home for her pre-surgery exam. Doctors there declared her an excellent candidate.

Dilio traveled to Surrey, British Columbia, for her operation and surgery was performed on February 11, 2000. She immediately realized she had decreased vision and could not focus her eyes. "I couldn't really see," she says. "I had double vision. I saw halos and starbursts around light. And everything was dimmer. It was blurry."

Fearing for her future, Dilio sought legal counsel. "I didn't want to look back someday and think there was something else I could have done," she says. "I wanted to hold the doctors accountable. I wanted to say to the doctors, 'This is what you've done to me. This is what your lousy follow-up has come to.'"

Dilio hired Baron and Greg Zeuthen. "They were tenacious," Dilio says of her attorneys. "They were unstoppable in their research — they wanted to learn everything about my situation, about my condition. There was no stone left unturned. Every idea was pursued. They looked everywhere for answers."

The evidence gathered by Baron demonstrated clearly the mistakes made by Dilio's doctors. There were many: mismeasured pupils, a decentered flap, decentered ablations and a failure to remove straie (or wrinkles).The trial began in November 2002 at the Justice Center in Kent, Washington. Arguments had proceeded for two weeks and Baron had nearly completed his presentation of the Dilio case when the case settled.Dilio left the courtroom with a lasting appreciation for the work put in by her attorneys, "My husband and I were both impressed with the time Larry and Greg invested in our case. They work hard for every penny they make."

Reaching a settlement gave Dilio the closure she needed to move on with her life. Prior to the operation, she successfully operated a small wedding cake business out of her home. Today, she and her husband Michael operate real estate appraisal business from their home. She also home schools her three children.


Ali Warsome
Warsome v. Nissan; product liability
Ali Warsome fled his native country of Somalia for a better life in the US. Unfortunately, his life changed dramatically for the worse as the result of a car accident on April 28, 2002.

On that day, Warsome was riding in a 1994 Nissan Altima and traveling from his home in Falls Church VA to Washington DC. He was headed to the bus station to visit his daughter in Minnesota. The driver, one of his sons, was attempting a sudden lane change when the car struck a traffic barrier. It wasn't much of a crash — the Altima didn't even need a tow, it was still drivable. However, the impact caused the passenger side air bag to inflate. The air bag struck Warsome's face with such force that his left eye had to be removed. Surgeons were unable to restore the vision in his right eye because – according to his medical records – "the retina was completely shredded." Ali Warsome lost his eyesight because of the impact of the air bag.

"I cannot see the sky anymore," the 74-year-old immigrant told a reporter. "I cannot cook, I cannot walk, I cannot help my grandchildren.... I don't know what to do."Warsome's Washington DC attorney, John F. Kennedy, brought Larry Baron in as co-counsel because of Baron's experience prosecuting the Altima air bag cases. Baron and Kennedy documented the defective operation of the airbag. They noted how at least 40 other individuals — riding as passengers in Altimas — had been blinded or otherwise suffered damage to their eyes as a result of the force with which the air bag strikes a passenger's face. Eventually Nissan agreed to an undisclosed settlement with Warsome.

Warsome supported the April 2003 recall of the airbags in the 1994 and 1995 Nissan Altimas. He was featured in a Los Angeles Times newspaper article documenting the product defect just months prior to the recall. This was one of many pressure points applied to Nissan that eventually led to the car company’s decision to replace the air bags.


Gary Fulmer

Fulmer v. Timber Inn Restaurant, negligence
In February 1993, Gary Fulmer went to the Timber Inn Restaurant and Lounge in Coos Bay, Oregon, for a social evening with his family. He was drinking in the lounge on the second level of the restaurant building. The only way to leave the lounge is to walk down a flight of stairs. When Fulmer got up to leave the lounge, he fell down the stairs, causing a severe brain injury. During the course of the evening, the restaurant operators served Fulmer substantial amounts of alcohol — even though Fulmer was visible intoxicated. Baron represented Fulmer in a lawsuit against the restaurant, charging that the restaurant was negligent by continuing to serve alcohol to an intoxicated individual in violation of state law.

Conventional legal wisdom at the time dictated that a drinking establishment could not be sued for injuries suffered by a customer who had been served too much alcohol. However, Baron believed the reasoning that led to that line of thinking was faulty. The Coos County Circuit Court refused the lawsuit, stating that Fulmer had no cause for action. Baron persevered and appealed his client's case to the Oregon Court of Appeals and then to the Oregon Supreme Court. He convinced the Supreme Court that a bar could be held responsible for its actions in serving alcohol to an already intoxicated customer. In July 2000, the Supreme Court agreed and ruled that the claim had cause to go forward. The ruling essentially changed state law on the responsbilities of alcohol servers and allowed Baron to negotiate a settlement for his client. See 330 Or. 413, 9 P.3d 710 (2000), Oregon Supreme Court opinion


Robin Gaussoin
Gaussoin v. Brix Maritime and Cascade General; Maritime Jones Act
Robin Gaussoin was a deckhand on a tugboat that was hired to move a naval vessel from a dock. To tie up to the vessel, a line was pulled 40 feet up from the tug's deck to the ship's. In the process, the line broke and tumbled down, striking Gaussoin on his back and resulting in injury. Baron filed suit against Gaussoin's employer and a shipyard that was repairing the naval vessel and that supplied the line. Through scientific testing, Baron proved the line to be defective and a verdict of $1.6 million dollars was returned by a jury. The jury verdict was appealed and was upheld by the Oregon Court of Appeals. See 927 P2d 601, Oregon Court of Appeals Opinion


Scott Nelson
Nelson v. Fairfield Industries, Inc.; Maritime Jones Act
Scott Nelson was a first mate on a vessel taking soundings for oil off the coast of Texas. He severely injured his lower back when a supply boat was brought out to physically hand off large boxes of groceries to the crew. Standard and safe procedure required that loading either be done at the dock or with the assistance of a crane. A jury returned a $960,000 verdict in Nelson's favor. The amount was reduced to $700,000 because of a small percentage of negligence attributed to Nelson.


Gregory Whitley
Whitley v. Southern Pacific Railroad; Federal Employers Liability Act
Gregory
Whitley was awarded $163,000 by a jury for injuries sustained while working for Southern Pacific and stepping off a ladder affixed to a railroad car. Mixed in with crush rock that formed the bedding for the track was a large boulder that Whitley stepped on, causing his ankle to twist. Southern Pacific blamed Whitley for his injury and fined him for a three-month period. Baron's research showed that Southern Pacific, rather than Whitley, was liable for the injury because of a regulation that favorably protected railroad workers and required crushed rock in work surfaces to be no greater than one inch in diameter. The case set national precedent when the Oregon Court of Appeals agreed with Baron. See 902 P2d 1196, Oregon Court of Appeals opinion
 
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