San Diego Personal Injury Lawyers - Auto Accident Attorneys - Medical & Obstetrical Malpractice - Elder Abuse - Product Liability - Drug Defect - Food Poisoning Ecoli HUS Attorney - Car, Motorcycle, Bicycle & Big Rig Truck Accident Lawyers - Slip & Fall Premises Liability - Serious Injury Attorneys for Birth Injuries, Cerebral Palsy, Quadriplegia Paraplegia Spinal Cord Injury Attorney for San Diego & Southern California.
Our San Diego and Southern California personal injury lawyers represent clients who have suffered serious injuries resulting from negligent conduct falling within the legal focus of our practice. You may consider our brief discussion of our credentials in the right column of this page and some of our recent victories in the left column of the page. We welcome you to consider our practice areas pages, listed in the left column of this page, for a more complete discussion of our credentials and approach to the specific area of liability involved in your case. We are San Diego auto accident lawyers representing clients seriously injured in car, motorcycle, bicycle and big rig truck accidents throughout Southern California. We are medical malpractice lawyers for cases involving medical negligence resulting in permanent injury and disability, as well as obstetrical malpractice attorneys representing children who have suffered birth injuries such as cerebral palsy or Erb's brachial plexus palsy. Our San Diego product liability lawyers represent those seriously injured as the result of a wide variety of defective products, from machines to helmets to pharmaceuticals and medical devices. Our San Diego food poisoning lawyer will consider representing those who have suffered serious food poisoning illness with permanent medical consequences such as Ecoli HUS and TTP, Listeria, Salmonella Botulism Campylobacter Norovirus and Shigella as well as food poisoning outbreak litigation. Our premises liability lawyers represent clients who have suffered serious injury as the result of a slip or fall as the result of negligent construction or maintenance of commercial premises. In addition to reviewing the specific legal practice area page relevant to the specific liability involved in your case, our San Diego personal injury lawyers strongly urge you to consider our "Serious & Catastrophic Injury Lawyers" page at the top of our practice areas menu. On that page we describe in greater detail our approach to cases in which our clients have suffered serious injuries, including our approach to the presentation of "loss of enjoyment of life" damages, and our approach to the presentation of future medical expense and future loss of earnings damages. Our San Diego and Southern California personal injury lawyers also present specific pages discussing some of the types of serious and catastrophic injury cases which have been particular foci of our practice, including traumatic brain injury, paralysis, quadriplegia, paraplegia and other spinal cord injury cases.
If you point your cursor over the subject matter areas you will find that we have provided sub-pages which may be more specific to the liability involved in your case. For example, our San Diego auto accident lawyers provide specific discussions of our unique approach to serious injury car or motorcycle or bicycle or big rig commercial truck accident litigation.
Below our San Diego personal injury lawyers will discuss only very briefly our approach to auto accident, premises liability, medical malpractice, elder abuse, mesothelioma, product liability and drug defect litigation.
Our San Diego Auto Accident Lawyers Discuss Our Attorneys' Approach to Overcoming the "Collectability" Hurdle in Serious Injury Car, Motorcycle, Bicycle and Big Rig Truck Accident Cases.
On our car, motorcycle, bicycle and big rig truck accident lawyers pages, our San Diego auto accident lawyers discuss the considerations specific to the particular type of accident litigation, including the opportunities available to the sophisticated and aggressive attorney both in establishing liability and maximizing damages. Our San Diego auto accident attorneys also discuss the significant hurdles which accident lawyers must overcome specifically in serious injury accident litigation, to assure that the client has the very best opportunity to recover the full measure of his general and economic damages.
One hurdle common to nearly every serious injury accident case, and commonly the most difficult hurdle the highly qualified San Diego auto accident lawyer will need to overcome, is the "collectability" hurdle. Unfortunately, in the vast majority of serious and catastrophic injury auto, motorcycle, bicycle and big rig truck accident cases, the driver who caused the accident will be woefully underinsured and without sufficient funds or assets to pay the full measure of the client's general damages, his "pain and suffering" as well as his "loss of enjoyment of life" damages, and his economic damages, including his past and future medical expenses and his past and future earnings losses. But our highly experienced San Diego serious injury auto accident lawyers have developed a number of strategies, including unique strategies, for identifying additional sources of insurance and assets. The strategies vary according to the type of case. In an auto accident case usually the most promising strategy is to establish that the other driver was operating his vehicle "in the course and scope of his employment." If this can be established, liability can then be imposed upon the employer, rendering the employer's insurance and assets available to pay the claim.
One such motorcycle accident case in which the employer was held liable for an accident caused by its employee is discussed under "Recent Victories" in the left column of this page. In that case the defendant driver was on his way to work at the time of the accident, but California law states that "commuting to work" is not within the course and scope of employment. Through discovery, however, we were able to establish that the driver was carrying tools in his vehicle and was at the time of the accident driving to a work site. In this manner we established the employer's liability and were successful in obtaining a multimillion dollar settlement for our client.
Our San Diego serious injury auto accident lawyers are at the forefront in recommending that the cell phone records of the defendant driver be obtained to determine if he or she was involved in a business related call at the time of the accident. Currently one in ten auto drivers on our streets and highways at any given moment in time is actively involved in cell conversation. It is also more and more common for drivers to use their commute time productively to call the office or set up appointments with clients and other business related calls. These motorists, driving while on their cell phones, are also four times more likely to cause an accident. In many accidents, therefore, it will be possible to establish that the driver was engaged in a business call and again, hold the employer jointly and severally liable to pay the damages.
As another example, our San Diego big rig truck accident lawyers describe on our separate page devoted to commercial large truck litigation the similar problem and the different solutions available in big rig litigation to overcome the "collectability" hurdle. In serious and catastrophic injury big rig truck accident cases, where the drivers are required by law to carry only $750,000 in liability insurance, it becomes very important to establish the liability of the trucking company or shipper. Our San Diego big rig and commercial truck accident attorneys are highly adept at obtaining the evidence essential to establish "negligent entrustment" and "negligent supervision" against the shipper as the means to assure that there will be sufficient insurance or assets to compensate the client.
In addition to serious hurdles to full recovery in serious injury accident litigation, there are also great advantages that can be obtained by the experienced and highly qualified San Diego serious injury auto accident lawyer. You may review our aggressive approach to establishing fault in contested liability cases on the accident subject area pages of the site. Our San Diego auto accident lawyers also discuss our sophisticated approach to presenting the seriously injured client's general and special damages on our "Serious & Catastrophic Injury Lawyers" page at the top of our practice areas menu. Most personal injury lawyers think of "general damages" as "pain and suffering," but in catastrophic injury cases, such as where the client has suffered a traumatic brain injury, quadriplegia, paraplegia, spinal cord injury, debilitating internal injury, or catastrophic orthopedic injury, as examples, we often conclude that the most poignant aspect of general damages is our clients' "loss of enjoyment of life." We present this element of damages through the testimony of the client, his family and friends, through photographs and home movies, demonstrating all of the activities the client most enjoyed in his life before the accident and then juxtapose against that background a professionally produced "Day in the Life" documentary portraying the dignity and courage our client brings to all the extraordinary difficulties he faces in his day to day post accident life.
Our San Diego serious injury auto accident lawyers employ a number of experts in the presentation of the client's future medical expense and future loss of earnings claims. In presenting future medical expense claims the central experts are the professional "life care planner" who gathers the information from the treating physicians and medical experts with regard to all of the medical costs for physician and specialist visits, anticipated surgeries, home nursing or attendant care, convalescent care, medical supplies, etc., that the client will require every month of every year of the remainder of his or her life expectancy. Our San Diego auto accident lawyers will then present the "life care plan" to a forensic economist who will increase the costs according to the applicable medical cost inflation rates and then discount the sum to present dollar value.
In presenting the future loss of earnings case, our San Diego serious injury auto accident lawyers will again engage a number of experts including most importantly a "vocational rehabilitation expert" and forensic economist to arrive at the net earnings the client will lose over the course of his "work life expectancy."
These sophisticated approaches are discussed on our "Serious and Catastrophic Injury Lawyers" page in much more detail. It is important that anyone seriously injured in an auto accident case obtain a trial lawyer who is highly experienced in the presentation of complex medical cases and serious injury auto accident cases in particular.
If you were injured in an auto accident in San Diego County or anywhere in Southern California you are welcome to contact our San Diego serious injury auto accident lawyers for a free consultation. You may submit the form e-mail "Auto Accident Attorneys Case Evaluation Request" and we will contact you to discuss the facts of your case and offer our case evaluation and recommendations.
Our San Diego Medical and Obstetrical Malpractice Lawyers Discuss Our Credentials and Track Record and Approach to Malpractice Litigation.
Medical malpractice litigation is extremely expensive to properly litigate, and there are also California "tort reform" laws which restrict, inter alia, the amount of "general damages" a client can recover. As the result our San Diego medical and obstetrical malpractice lawyers can consider only cases involving permanent injuries in which our clients will also suffer substantial future medical expense and/or substantial past and future loss of earnings. It is also very important that the liability of the physicians or other health care professionals be clearly provable, and so before we accept responsibility to prosecute a medical malpractice cases we obtain all pertinent medical records and have them reviewed by highly qualified medical specialists.
We are very highly experienced medical malpractice lawyers, and some of our multimillion dollar results in medical malpractice cases are discussed in the left column of this page. Southern California and San Diego medical malpractice lawyer, Ray Henke, has concentrated on medical malpractice litigation for 20 years and he is highly acclaimed in the California legal community for his trial work specifically in medical negligence litigation. Mr. Henke has assembled some of the most prestigious teams of medical doctors ever assembled in the prosecution of malpractice litigation. He was nominated "Trial Lawyer of the Year" by the Los Angeles Trial Lawyers Association for his prosecution of one body of medical malpractice, hospital negligence and AIDS drug liability cases, and testified before Congress at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives with regard to his prosecution of the same cases. The cases were described in the press as the "first AIDS medical fraud cases in the United States" and were widely reported from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Diego Chronicle. His experts in the case included Michael Gotlieb, the discoverer of AIDS and cofounder of the American Foundation for AIDS Research, Luc Montagnier, the discoverer of HIV and head of France's National AIDS Laboratories, Don Francis, the head of the CDC's first AIDS task force and the epidemiologist who discovered that AIDS was a sexually transmitted disease, and a dozen others of the most highly respected AIDS scientists and physicians in the world.
Our Southern California and San Diego medical malpractice attorneys will consider medical malpractice cases arising in any discipline or specialty of medicine. Again, we invite you to consider our separate "Medical Malpractice Lawyers" page. In addition you may consider our "Obstetrical Malpractice Attorneys" page on which we specifically discuss birth injury litigation, the common causes of brain injury sustained at birth, including cerebral palsy, and brachial plexus injuries, Erbs palsy.
If you have suffered serious and permanent injury as the result of the negligence of a health care provider you are welcome to contact our San Diego medical malpractice attorneys for a free consultation. Please submit the "Medical Malpractice Lawyers Case Evaluation Request" and we will contact you to discuss your case and provide you our initial case evaluation and recommendations.
San Diego Elder Abuse Lawyers - Attorneys Representing Seniors Who Have Suffered Serious Injury as the Result of Abuse by Retirement Convalescent Home and Nursing Home Employees.
Our Southern California and San Diego elder abuse lawyers provide a separate page in which we discuss nursing home and retirement facility elder neglect and abandonment, elder physical and psychological mistreatment, and elder financial abuse. Elder neglect is the failure of the nursing home or senior facility to fulfill its duty of care to provide for the medical care and protect the elder from hazards. Elder abandonment is the intentional or willful failure of the nursing home to care for the senior.
Our San Diego elder abuse attorneys describe elder physical abuse in terms of intentional or willful physical mistreatment by an employee of a nursing facility or convalescent home. Such mistreatment may take the form of beatings or slapping or unjustified physical restraint, denial of water or food and sometimes sexual abuse. Elder psychological abuse might involve threats or intimidation or verbal mistreatment often calculated to cause fear or humiliation. Elder psychological abuse may also sometimes involve isolation and other forms of sensory deprivation.
Elder financial abuse generally involves the theft or misuse of the senior's money or property and can take the form of theft or fraud. As out San Diego elder abuse attorneys explain, senior financial abuse is sometimes perpetrated by the nursing home or convalescent facility, those involved in the care of the elder, fiduciaries, such as those with power of attorney, bankers, real estate brokers, and unfortunately may sometimes also be perpetrated by the elder's own family members.
If you believe that you or a loved one has suffered elder neglect or abandonment, or physical or psychological financial abuse, you may contact or Southern California and San Diego elder abuse lawyers by submitting our "Elder Abuse Case Evaluation Request" and one of our highly qualified attorneys will contact you to discuss your case, off our case evaluation and recommendations. Our case consultations are free of charge.
San Diego Pharmaceutical Product Liability Lawyers, Drug Defect and Medical Device Attorneys.
Our San Diego drug product liability lawyers are sophisticated attorneys who have been involved in most of the important bodies of litigation involving defective drugs and medical devices of the past 25 years. Attorney Henke has been involved in drug cases from Thalidomide to DES and medical device cases from the Dalkon Shield to the current Ortho Evra Patch cases. Attorney Henke is widely recognized as an experienced and successful drug product liability lawyer. Examples of his pharmaceutical product liability cases are discussed in the left column of this page. His cases have be the subject of local and national legal journal recognition, from California Lawyer to the National Law Journal, and he has testified before Congress at the invitation of the Chairman of the Judiciary Committee of the US House of representatives with regard to one important body of drug litigation.
Please consult our separate San Diego pharmaceutical product liability lawyers page. You may also consider our separate drug and medical device pages in the Practice Areas menu. We are pleased to provide case consultations without charge. Simply submit the "San Diego Pharmaceutical Product Liability Lawyers Case Evaluation Request" and we will contact you to discuss the facts of your case and your injuries and provide our case evaluation and initial recommendations.
San Diego Premises Liability Lawyers - Attorneys for Serious Injury Fall Cases Resulting From the Negligent Design or Maintenance of Commercial Residential or Public Property or Facilities.
If you have been seriously injured as the result of a fall on commercial, residential or public property or facilities as the result of the negligent design or by reason of the negligent maintenance of the property, you are invited to consider our San Diego Premises Liability Lawyers page. Our attorneys also urge you to consider our Serious and Catastrophic Injury Lawyers page at which we discuss our approach to presenting general damage, pain and suffering and loss of enjoyment of life damages, past and future medical expenses and past and future loss of earnings specifically in serious injury litigation. If you have suffered traumatic brain injury, paralysis, quadriplegia, paraplegia or other spinal cord injury, our San Diego premises liability lawyers also invite you to consider our separate pages specifically on those subjects.
Our serious injury San Diego premises liability lawyers provide free consultations. Simply fill out the "Case Evaluation Form." One of our highly qualified attorneys will call to discuss the facts of your case provide our initial analysis of liability and recommendations.
San Diego Food Poisoning Lawyers - Attorneys for Ecoli HUS and TTP Cases, Serious Injury Listeria and Listeriosis Litigation, Norovirus, Salmonella, Botulism, Campylobacter, and Shigella Cases.
If you have suffered serious food poisoning illness which has resulted in permanent disability, please consider our San Diego Food Poisoning Lawyers page in which our credentials and approach to food poisoning litigation is more fully discussed. Or food poisoning lawyer is a sophisticated attorney specifically educated and experienced in food poisoning litigation. He recently obtained one of the largest verdicts ever in an Ecoli HUS case, and will consider serious injury food poisoning cases involving Ecoli Hemolytic Uremic Syndrome HUS and as Thrombotic Thrombocytopenic Purpura TTP Cases, Listeria and listeriosis cases, Norovirus, Botulism, Salmonella, Campylobacter, and Shigella Cases. Our San Diego food poisoning attorney will also consider food poisoning outbreak litigation arising in California and nationally.
Our Southern California and San Diego food poisoning lawyer provides free consultations. Simply fill out the "San Diego Food Poisoning Lawyer Case Evaluation Request" and he will contact you to discuss the facts of your case, your illness and permanent injury, the economic consequences of your illness and injuries and will provide his case evaluation and recommendation.
*Landmark Jury Verdicts:
$3.8 million dollar gross jury verdict in medical malpractice brain injury case. California and San Diego medical malpractice lawyer, Ray Henke's client suffered mild aphasia as the result of strokes caused by emboli from an atrial myxoma, a tumor in the upper left chamber of the heart. Atrial myxomas are the most rare human tumors known to medical science. The patient initially suffered a "fainting spell" which her physicians investigated using EEG's and CT scans and well as an EKG, but failed to perform an echocardiogram of the patient's heart, which would have disclosed the atrial myxoma. The physicians attorney's argument was that atrial myxomas are an "autopsy diagnosis" seen only a handful of times in the medical literature, never before diagnosed in a living person, a diagnosis that most cardiologists had never heard of. At trial, attorney Henke called the defendant internist to the stand as his first witness, and asked politely whether he had "considered atrial myxoma in his differential diagnosis." The physician responded, "Mr. Henke, you don't think of zebras when you hear hoof beats." The internists comment, actually a common physician analogy was rather obviously intended by the defense to hit home to the jury that when confronted with common symptoms, such as a fainting spell, which can occur from many commonly seen etiologies that physicians will look to those common causes of fainting spells, "the horses," not "zebras" such as an atrial myxoma. Attorney Henke thought about the doctor's analogy for a moment and then then asked, "Mitral valve prolapse. It's a 'horse.' Isn't it, Doctor?" The physician responded, "What do you mean?" Mr. Henke clarified, "Well mitral valve prolapse occurs in about 6 percent of a randomly selected population of females Mrs. Z's age. It's a 'horse' isn't it?" After being instructed by the Judge to answer the question, the physician reluctantly responded, "Yes, It's a horse." Henke continued, "Mitral Stenosis, Doctor, it's a 'horse,' isn't it?" The internist responded "Okay, yes, it's a 'horse'". Again Henke then asked, "Idiopathic subaortic stenosis, Docor, it's a 'horse' isn't it?" The physician again had to acknowledge "Yes." Henke then completed the circle with the internist's analogy, "Well then Doctor, upon hearing the 'hoof beats,' Mrs. Z's symptoms, if you had just thought 'horse,' atrial myxoma, mitral stenosis or idiopathic subaortic stenosis, and 'turned your head in the direction of the hoof beats,' done an echocardiogram, you would have seen the 'Zebra,' wouldn't you have doctor?" Again the physician was forced to acknowledge "Yes." The physician's zebra remark followed by attorney Henke's quick analysis of the fallacy of the analogy, and indeed its utility in demonstrating the physician's negligence, by his own analogy, was cited by the jurors in interviews following the trial as the pivotal point in the trial which resulted in their liability verdict for Mr. Henke's client. This case and this particular interchange between Mr. Henke and the defendant physician, formed the subject for a chapter in the book "Medical Malpractice, Solving the Crisis" by Frank Edwards, M.D., Holt & Co. The case and interrogation was also the subject of a legal journal article published in "Forum" the journal of the California Trial Lawyers Association. You may consider our qualifications, and indeed our national acclaim as seasoned, superior personal injury trial lawyers in complex litigation, discussed in the center and right hand column of this page.
$2.7 million dollar jury verdict in a medical malpractice case in which California and San Diego medical and drug liability attorney, Ray Henke, represented 5 plaintiffs in a single consolidated 4 month trial against their physicians and hospital for conspiracy to defraud them with phony AIDS cures. Mr. Henke's experts in the case included Luc Montagnier, the discoverer of HIV and head of France's National AIDS Laboratories; Michael Gotlieb, the discoverer of AIDS and co-founder of the American Foundation for AIDS Research, Don Francis, the head of the first CDC AIDS Task force and discoverer that AIDS was a sexually transmitted disease, John Curnutte, head of the largest AIDS vaccine project in the world, Roger Detels, Chairman of the Epidemiology Department at UCLA and chief investigator on the largest AIDS epidemiology study in the United States, and a dozen others of the most highly respected AIDS scientists and physicians in the world. These cases were widely chronicled in the legitimate press. Mr. Henke also testified before Congress with regard to these cases, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.
$2.5 million dollar jury verdict in a contested liability motorcycle accident case in which California and San Diego auto and motorcycle accident lawyer, Ray Henke's client was "splitting lanes" and was injured turning left between cars in two left turn lanes. The defense attorney took the position that it was the motorcyclist's negligence in splitting lanes that resulted in the accident. Attorney Henke took the deposition of the police officer who investigated the accident and obtained his testimony that it was legal in California to split lanes, including between to left turn lanes, and that in his opinion, Henke's client's having done so was not a contributing factor in the accident. California and San Diego accident attorney, Henke, also established that the defendant auto driver was operating his vehicle in the course an scope of his employment, forming the bases upon which Mr. Henke then named the employer also as a defendant, and was able to recover against the employer's liability and excess insurance policies. Attorney Henke's client suffered a below knee amputation and broken clavicle.
$1.5 million dollar settlement in a birth injury case involving a drug which California and San Diego drug product liability lawyer, Ray Henke claimed was the probable cause of the child's birth injuries, based upon the facts that the child's mother's Santa Clara county obstetrician provided her a sedative during early pregnancy. Mr. Henke's firm obtained possession of a list of physicians, which included the mother's obstetrician, who served as "investigators" in clinical trials involving a drug which was later determined to have been a very powerful teratogen; and the child was born with limb defects typical of the kind of birth defects which were caused by the particular teratogen. The settlement was achieved despite the fact that the medical records were unavailable 20 years after the birth and retirement of the obstetrician; and the mother did not recall the name of the sedative which was provided to her. California and Diego medical malpractice lawyer, Ray Henke, also obtained a $100,000 settlement from the physician who provided her the sedative. The statutes of limitation had long passed by the time the client contacted Mr. Henke's office. Attorney Henke was however able to overcome the statute of limitations, over the demurrers of both the pharmaceutical company and physician, by successfully alleging that they had "intentionally concealed" from the public and from the child's mother that they had distributed the drug.
*State Bar of California Disclaimer: The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts
$3.8 million dollar gross jury verdict in medical malpractice brain injury case. California and San Diego medical malpractice lawyer, Ray Henke's client suffered mild aphasia as the result of strokes caused by emboli from an atrial myxoma, a tumor in the upper left chamber of the heart. Atrial myxomas are the most rare human tumors known to medical science. The patient initially suffered a "fainting spell" which her physicians investigated using EEG's and CT scans and well as an EKG, but failed to perform an echocardiogram of the patient's heart, which would have disclosed the atrial myxoma. The physicians attorney's argument was that atrial myxomas are an "autopsy diagnosis" seen only a handful of times in the medical literature, never before diagnosed in a living person, a diagnosis that most cardiologists had never heard of. At trial, attorney Henke called the defendant internist to the stand as his first witness, and asked politely whether he had "considered atrial myxoma in his differential diagnosis." The physician responded, "Mr. Henke, you don't think of zebras when you hear hoof beats." The internists comment, actually a common physician analogy was rather obviously intended by the defense to hit home to the jury that when confronted with common symptoms, such as a fainting spell, which can occur from many commonly seen etiologies that physicians will look to those common causes of fainting spells, "the horses," not "zebras" such as an atrial myxoma. Attorney Henke thought about the doctor's analogy for a moment and then then asked, "Mitral valve prolapse. It's a 'horse.' Isn't it, Doctor?" The physician responded, "What do you mean?" Mr. Henke clarified, "Well mitral valve prolapse occurs in about 6 percent of a randomly selected population of females Mrs. Z's age. It's a 'horse' isn't it?" After being instructed by the Judge to answer the question, the physician reluctantly responded, "Yes, It's a horse." Henke continued, "Mitral Stenosis, Doctor, it's a 'horse,' isn't it?" The internist responded "Okay, yes, it's a 'horse'". Again Henke then asked, "Idiopathic subaortic stenosis, Docor, it's a 'horse' isn't it?" The physician again had to acknowledge "Yes." Henke then completed the circle with the internist's analogy, "Well then Doctor, upon hearing the 'hoof beats,' Mrs. Z's symptoms, if you had just thought 'horse,' atrial myxoma, mitral stenosis or idiopathic subaortic stenosis, and 'turned your head in the direction of the hoof beats,' done an echocardiogram, you would have seen the 'Zebra,' wouldn't you have doctor?" Again the physician was forced to acknowledge "Yes." The physician's zebra remark followed by attorney Henke's quick analysis of the fallacy of the analogy, and indeed its utility in demonstrating the physician's negligence, by his own analogy, was cited by the jurors in interviews following the trial as the pivotal point in the trial which resulted in their liability verdict for Mr. Henke's client. This case and this particular interchange between Mr. Henke and the defendant physician, formed the subject for a chapter in the book "Medical Malpractice, Solving the Crisis" by Frank Edwards, M.D., Holt & Co. The case and interrogation was also the subject of a legal journal article published in "Forum" the journal of the California Trial Lawyers Association. You may consider our qualifications, and indeed our national acclaim as seasoned, superior personal injury trial lawyers in complex litigation, discussed in the center and right hand column of this page.
$2.7 million dollar jury verdict in a medical malpractice case in which California and San Diego medical and drug liability attorney, Ray Henke, represented 5 plaintiffs in a single consolidated 4 month trial against their physicians and hospital for conspiracy to defraud them with phony AIDS cures. Mr. Henke's experts in the case included Luc Montagnier, the discoverer of HIV and head of France's National AIDS Laboratories; Michael Gotlieb, the discoverer of AIDS and co-founder of the American Foundation for AIDS Research, Don Francis, the head of the first CDC AIDS Task force and discoverer that AIDS was a sexually transmitted disease, John Curnutte, head of the largest AIDS vaccine project in the world, Roger Detels, Chairman of the Epidemiology Department at UCLA and chief investigator on the largest AIDS epidemiology study in the United States, and a dozen others of the most highly respected AIDS scientists and physicians in the world. These cases were widely chronicled in the legitimate press. Mr. Henke also testified before Congress with regard to these cases, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.
$2.5 million dollar jury verdict in a contested liability motorcycle accident case in which California and San Diego auto and motorcycle accident lawyer, Ray Henke's client was "splitting lanes" and was injured turning left between cars in two left turn lanes. The defense attorney took the position that it was the motorcyclist's negligence in splitting lanes that resulted in the accident. Attorney Henke took the deposition of the police officer who investigated the accident and obtained his testimony that it was legal in California to split lanes, including between to left turn lanes, and that in his opinion, Henke's client's having done so was not a contributing factor in the accident. California and San Diego accident attorney, Henke, also established that the defendant auto driver was operating his vehicle in the course an scope of his employment, forming the bases upon which Mr. Henke then named the employer also as a defendant, and was able to recover against the employer's liability and excess insurance policies. Attorney Henke's client suffered a below knee amputation and broken clavicle.
$1.5 million dollar settlement in a birth injury case involving a drug which California and San Diego drug product liability lawyer, Ray Henke claimed was the probable cause of the child's birth injuries, based upon the facts that the child's mother's Santa Clara county obstetrician provided her a sedative during early pregnancy. Mr. Henke's firm obtained possession of a list of physicians, which included the mother's obstetrician, who served as "investigators" in clinical trials involving a drug which was later determined to have been a very powerful teratogen; and the child was born with limb defects typical of the kind of birth defects which were caused by the particular teratogen. The settlement was achieved despite the fact that the medical records were unavailable 20 years after the birth and retirement of the obstetrician; and the mother did not recall the name of the sedative which was provided to her. California and Diego medical malpractice lawyer, Ray Henke, also obtained a $100,000 settlement from the physician who provided her the sedative. The statutes of limitation had long passed by the time the client contacted Mr. Henke's office. Attorney Henke was however able to overcome the statute of limitations, over the demurrers of both the pharmaceutical company and physician, by successfully alleging that they had "intentionally concealed" from the public and from the child's mother that they had distributed the drug.
*State Bar of California Disclaimer: The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts
Driving Under the Influence of Cell Conversation Results in DUI Level Driving Impairment And a 4 fold Increased Likelihood that the Driver will Cause an Accident.
Read California and San Diego serious injury auto accident lawyer, Ray Henke's scientific review article. As knowledgeable California cell phone accident lawyers we can investigate to establish that the other driver was on his cell phone. The evidence can make the difference in a contested liability car, motorcycle or bicycle accident case.
Where our serious injury San Fancisco auto motorcycle and bicycle accident lawyers can establish that the other driver was engaged in a business call we can bring his employer in as a defendant and recover against the employer's assets and insurance coverage.
California and San Diego auto accident attorney, Henke, has reviewed all the scientific literature on the effect of cell phone use to impair driver attention, and has prepared a scientific review article discussing the epidemiological and controlled experimental literature. Driving under the influence of cell conversation renders the driver DUI level driving impaired and results in a four fold increased likelihood that the driver will cause an accident. Contrary to popular belief, San Diego auto accident attorney, Ray Henke, provides the abundant and consistent scientific evidence that it is not "holding" the cell phone which resulting the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it matters not whether the motorist is driving under the influence of handheld or hands-free cell conversation, the impairment and the 4 fold increased likelihood that the driver will cause an accident are precisely the same. Yes, California and a number of other states have enacted handheld laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of any cell phone results in the identical DUI level driving impairment.
It is important that the appropriately qualified San Diego auto accident lawyer obtain the cell phone records of the other driver in every contested liability case, and especially in any serious injury case in which it appears that the other driver lacks sufficient insurance coverage to fully compensate the plaintiff for his injuries and full measure of his damages. As California and San Diego auto accident lawyer, Ray Henke explains, in the contested liability car, motorcycle or bicycle accident case, the evidence of the other party's cell phone use in the moments prior to the accident may snatch victory from the mouth of defeat. In the most common serious injury auto accident case in which the other driver lacks sufficient insurance to fully compensate the plaintiff for his injuries and damages, it is essential that the San Diego auto accident lawyer obtain the cell phone records and appropriate depositions taken of the defendant and the other party to the call to determine whether the other driver was engaged in a business call in the moments leading up to the accident. If he was, then the knowledgeable San Diego cell phone auto accident lawyer can bring the employer into the litigation as a defendant "vicariously liable" for the injuries caused by its employee in the "course and scope of his employment." In this way the San Diego auto accident lawyer may assure that the plaintiff will be fully compensated up to the limits of the employers insurance policy, and indeed, the employer's assets would be available to execute against.
Read California and San Diego serious injury auto accident lawyer, Ray Henke's scientific review article. As knowledgeable California cell phone accident lawyers we can investigate to establish that the other driver was on his cell phone. The evidence can make the difference in a contested liability car, motorcycle or bicycle accident case.
Where our serious injury San Fancisco auto motorcycle and bicycle accident lawyers can establish that the other driver was engaged in a business call we can bring his employer in as a defendant and recover against the employer's assets and insurance coverage.
California and San Diego auto accident attorney, Henke, has reviewed all the scientific literature on the effect of cell phone use to impair driver attention, and has prepared a scientific review article discussing the epidemiological and controlled experimental literature. Driving under the influence of cell conversation renders the driver DUI level driving impaired and results in a four fold increased likelihood that the driver will cause an accident. Contrary to popular belief, San Diego auto accident attorney, Ray Henke, provides the abundant and consistent scientific evidence that it is not "holding" the cell phone which resulting the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it matters not whether the motorist is driving under the influence of handheld or hands-free cell conversation, the impairment and the 4 fold increased likelihood that the driver will cause an accident are precisely the same. Yes, California and a number of other states have enacted handheld laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of any cell phone results in the identical DUI level driving impairment.
It is important that the appropriately qualified San Diego auto accident lawyer obtain the cell phone records of the other driver in every contested liability case, and especially in any serious injury case in which it appears that the other driver lacks sufficient insurance coverage to fully compensate the plaintiff for his injuries and full measure of his damages. As California and San Diego auto accident lawyer, Ray Henke explains, in the contested liability car, motorcycle or bicycle accident case, the evidence of the other party's cell phone use in the moments prior to the accident may snatch victory from the mouth of defeat. In the most common serious injury auto accident case in which the other driver lacks sufficient insurance to fully compensate the plaintiff for his injuries and damages, it is essential that the San Diego auto accident lawyer obtain the cell phone records and appropriate depositions taken of the defendant and the other party to the call to determine whether the other driver was engaged in a business call in the moments leading up to the accident. If he was, then the knowledgeable San Diego cell phone auto accident lawyer can bring the employer into the litigation as a defendant "vicariously liable" for the injuries caused by its employee in the "course and scope of his employment." In this way the San Diego auto accident lawyer may assure that the plaintiff will be fully compensated up to the limits of the employers insurance policy, and indeed, the employer's assets would be available to execute against.
©2010 The Ray Henke Law Group