San Jose Personal Injury Lawyers - Auto Accident - Car, Motorcycle, Bicycle, Big Rig Truck Accident - Medical Malpractice - Elder Abuse - Product Liability - Drug Defect - Food Poisoning Ecoli HUS Listeria Outbreak Lawyer - Car, Motorcycle, Bicycle & Big Rig Truck Accident Attorneys - Premises Liability Attorney - Slip and Fall - Birth Injury - Paralysis Quadriplegia Paraplegia Spinal Cord Injury - Traumatic Brain Injury Attorney - Serving Santa Clara County
Our Northern California and San Jose serious injury attorneys welcome you to consider our practice areas pages on which we discuss more fully our credentials, experience and track record specific to the particular subject matters of our practice. On the right column of this page, we discuss very briefly some of attorney Ray Henke's trial lawyer credentials, the recognition he has received from his California trial lawyer peers and the national acclaim he has received for his trial work in complex serious injury litigation. On the left column of the page you may review some of attorney, Henke's most recent and landmark jury verdicts. Whether your case is a simple auto accident or slip and fall on commercial property, or a medical malpractice or pharmaceutical product liability case, if you have suffered serious or catastrophic injuries, your case is "complex" by virtue of the trial lawyer sophistication which must be brought to the preparation and presentation of your general and special damages. So you can appreciate the complexity of all serious injury litigation, please consider our "Serioius & Catastrophic Injury Lawyers" page at the top of our "Practice Areas" menu.
Our Santa Clara County and San Jose personal injury lawyers are serious injury auto accident attorneys for car, motorcycle, bicycle and big rig truck accident cases. We are medical and obstetrical malpractice lawyers and birth injury attorneys, representing newborns with cerebral palsy, Erbs palsy and permanent brachial plexus injury. We are also edler abuse lawyers who will consider elder neglect and abandonment and physical and psychological abuse cases against nursing homes, senior retirement facilities and elder convalescent centers, Our California and San Jose food poisoning lawyer is very highly qualified in complex food poisoning litigation recently obtaining one of the largest recoveries ever in an Ecoli HUS case, and will consider Listeria Botulism Campylobacter Norovirus Salmonella and Shigella cases as well as food poisoning outbreak litigation. Our San Jose pharmaceutical and medical device product liability lawyers have tried some of the most complex "test" drug product liability birth defect litigation ever tried in the Santa Clara County courts, and are currently considering Ortho Evra Patch cases. Our Santa Clara and San Jose serious injury premises liability lawyers will consider serious injury slip and fall cases against commercial, residential or governmental entities.
If you have suffered a serious injury or substantial economic loss as the result of an auto accident or slip and fall, from medical malpractice or a product or drug defect, elder abuse or food poisoning, or serious injury from any other negligent or intentional cause, you are welcome to contact our Santa Clara County and San Jose personal injury attorneys. Submit the e-mail "Case Evaluation Request" and our highly experienced San Jose serious injury lawyers will contact you to discuss the facts of your case, your injuries and prognosis, your economic damages, and our attorneys will provide their initial case evaluation and recommendations. Our attorney case consultations are entirely free of charge.
Below our California and San Jose personal injury lawyers discuss very briefly the subject areas of our practice, including our expertise in complex litigation, as medical malpractice and obstetrical malpractice lawyers, food poisoning attorneys and pharmaceutical product liability lawyers.
First our San Jose auto accident attorneys will discuss car, motorcycle, big rig truck and bicycle accident litigation, and specifically the complexity of serious injury auto accident cases. All serious injury cases require experienced lawyers to properly prepare and present the client's general damages, not just "pain and suffering" but "loss of enjoyment of life damages," juxtaposing all the client most enjoyed in his life against a professionally produced "Day in the Life" documentary showing the client's dignity and courage as he meets the difficulties and challenges of his post-accident daily life. Also complex in every serious injury case is the presentation of future medical expenses and future loss of earnings, through the testimony of several experts but most importantly, physician specialists, "life care planners," "vocational rehabilitation experts" and forensic economists. Our Santa Clara County auto accident lawyers also explain what in many serious and catastrophic injury cases is the greatest hurdle, what experienced serious injury lawyers refer to as the "recoverability issue," involving the identification of all proper defendants and the insurance and assets to fully compensate the seriously or catastrophically injured client.
Our Santa Clara County and San Jose Auto Accident Lawyers Discuss Our Approach to Car Motorcycle Bicycle and Big Rig Truck Accident Cases. Our Attorneys Will Explain Why "Simple" Auto Accident Cases are Not Simple If the Client Has Sustained Serious Injury, And Why The Cases Require Highly Qualified And Experienced Serious Injury Auto Accident Attorneys.
All auto accident litigation requires the presentation of the liability case and the damages case. In a rear end auto accident case, just to take an example, liability may be as simple as pointing out who it was that ran into whom. But the presentation of damages in a serious or catastrophic injury case is always complex, requiring a number of specialized experts, physician specialists, "life care planers," vocational rehabilitation experts, and forensic economists. The experienced and sophisticated San Jose complex trial lawyer will have developed a winning approach to the preparation and presentation of the client's general and special damages to maximize the opportunity that his client will receive the full measure of his damages.
Our California and San Jose auto accident attorneys will discuss very briefly our approach to the presentation of general and special damages, but first, in more fully describing the complexity of the experienced San Jose auto accident lawyer's task in serious and catastrophic injury car, motorcycle, bicycle and big rig truck accident litigation, please also consider that often the most daunting hurdle in serious injury accident cases is the "recoverability issue." Where an auto driver or passenger or motorcyclist or bicyclist is seriously or catastrophically injured, he may be entitled to recover many millions of dollars as fair value for his general and special damages, but if the driver who rear ended him has a statutory minimum $15,000/$30,000 liability policy or if the big rig truck driver has only $750,000 in liability coverage, neither with meaningful wealth, the task of the appropriately aggressive, creative and sophisticated San Jose serious injury accident lawyer must be to identify all potentially liable defendants with insurance and/or assets sufficient to fully compensate the seriously injured client for his damages.
Our California and San Jose auto accident lawyers will discuss briefly below both our approach to the preparation and presentation of general and special damages, and some of our aggressive and creative approaches to identifying all potential defendants so that you may understand the importance of obtaining appropriately qualified San Jose auto accident attorneys for your serious injury case. For a more full discussion of these issues, please consider our "Serious & Catastrophic Injury Lawyers" page at the top of our "Practice Areas" menu.
Our San Jose Auto Accident Lawyers Discuss Our Approach to The Presentation of Damages in Serious Injury Car, Bicycle, Motorcycle, and Big Rig Commercial Truck Accident Cases.
The damages which those who have been injured in auto accidents are entitled to receive under California law include their "general damages" and "special damages," the latter including past and future medical expenses, and past and future loss of earnings. Many auto accident attorneys define "general" damages as "pain and suffering" damages. In serious and catastrophic injury cases, our San Jose serious injury auto accident lawyers recognize that in addition to damages for our client's pain and suffering, perhaps the most important measure of his general damages will be his "loss of enjoyment of life" damages. We will often call medical specialists, including pain specialists to provide the objective evidence to support our client's testimony with regard to his subjective experience of pain and suffering. But our experienced San Jose serious injury auto accident lawyers consider that often the most powerful testimony will often be first, that of the client, his family and friends, and their photographs and home movies, showing the client's enjoyment of all the activities that he found most rewarding prior to his accident, juxtaposed against a professionally produced "Day in the Life" film showing the dignity and courage with which our client meets all of the difficulties and challenges of his post-accident daily life. Every serious injury case is different, but our experienced Santa Clara County and San Jose auto accident lawyers consider that it is very important to inspire the settlement judge and jury to "identify with" the client, and in most cases that can be best accomplished by our client's showing them that he is meeting his life challenges with the courage that they would hope they could, if similarly injured.
Past and Future Medical Expenses, And Our San Jose Auto Accident Lawyers Approach to Their Presentation in Serious and Catastrophic Injury Litigation.
The presentation of past medical expenses is usually uncomplicated, merely assembling a full accounting of all of the client's medical expenses from the date of the car accident through the date of the settlement conference or trial. The presentation of future medical expenses in the serious injury case is always complex, requiring sophisticated and experienced Santa Clara County and San Jose auto accident lawyers.
The first task is to establish the client's post accident "life expectancy," requiring the assistance of medical experts and application of relevant government statistics. Our serious injury San Jose auto accident attorneys will first employ the services of a professional "life care planner" who will speak with the client's treating physicians and/or medical specialists employed by our auto accident lawyers. On the basis of their input she will create a comprehensive list of all the hospital medical and surgical care, convalescent care, home nursing care, doctors visits, rehabilitation therapists visits equipment, beds, wheelchairs, prostheses and replacement prostheses, modified cars or vans, modifications to the client's house, medicines, sundries, etc., that the client will require every month of every year of the remainder of his life expectancy. The life care planner will then research the costs of each and every one of these items of expense, and will create a "life care plan." Our experienced San Jose serious injury auto accident attorney will then review the plan to assure that it is complete and all items are reasonable. The lawyer will then present the plan to a forensic economist who will increase each of the future costs according to medical cost inflation rates for each of the categories of medical cost. The economist will then apply general inflation statistics to reduce the total to "present value." Our experienced Santa Clara County and San Jose auto accident lawyers consider that this is the best approach to establishing the fair measure of our clients future medical expenses to make the most credible presentation in settlement conferences and at trial to assure that our clients are fully compensated for their full measure of future medical expense.
Our Santa Clara County and San Jose Auto Accident Lawyers Explain Our Approach to the Presentation of Past and Future Earnings Losses in Serious and Catastrophic Injury Litigation.
The presentation of past and future earnings losses in serious injury cases is always complex, and the approach of our experienced San Jose auto accident lawyers will vary according to the profession of the client. To make our discussion here as simple as possible we will use as our example the daily wage earner. The case of the businessman or woman who loses the income stream from the business or must sell the business, or the professional or tradesman with potential for moving up in their professions to positions in which they will achieve substantial increases in salary require our sophisticated San Jose serious injury auto accident lawyers to apply even more complex strategies for the preparation and presentation of loss of earnings damages.
For the daily wage earner, his past earnings losses may be as simple as multiplying his daily wage times the number of days from the date of the accident to the date of the settlement conference or trial. But the presentation of future earnings losses in the serious or catastrophic injury case, even where the client is a daily wage earner, is always complex. Our experienced Santa Clara County and San Jose auto accident attorneys' first task is to establish the client's pre-accident "work life expectancy" and post-accident "work life expectancy." The work life expectancies are most commonly arrived at as a function of medical input with regard to the client's health before and after the accident and application of government work life statistics. Our San Jose serious injury auto accident attorney will engage two principle experts in the preparation of the client's future earnings losses. The first is a "vocational rehabilitation expert." With the assistance of our San Jose auto accident lawyers, the vocational rehabilitation expert will assemble a variety of data, the client's school records, work records, other information with regard to the client's work history and salary, he will meet with the client and usually administer a number of vocational and other tests. The assignment which the experienced Santa Clara County and San Jose auto accident lawyer will give him will be to arrive at the client's "net" future earnings losses. Some clients will not have any reasonable ability to obtain future work, such as a client who was profoundly brain damaged as the result of the accident. But where the client is able to work, the analysis of future earnings must take into account either the future earnings in the post-accident trade or profession that the client has chosen for himself, or an analysis of the future earnings that the client could reasonably be able to earn in the professions that are still available to him. In the latter case, the vocational expert will use the information from his research to arrive at the categories of work which are now foreclosed to the client, and the gainful employment the client can still avail even with the limitations imposed by his injuries. Our experienced San Jose auto accident lawyer will then present the rehabilitation expert's report to a forensic economist who will increase the two wage calculations, representing the wages the client would have earned over his pre-accident work life expectancy if he were not injured, and the wages he reasonably can still earn even with the limitations imposed by his injuries, over the course of his post-accident work life expectancy, the economist will apply wage growth statistics to account for the expected yearly increases in wages for the professions, will subtract the former from the latter, and apply general inflation statistics to reduce the net earnings losses to present value.
One of the most rewarding experiences of the California and San Jose auto accident lawyer, is when our seriously injured clients come to realize, on their own, or as the result of their conversations with the vocational rehabilitation expert that even given their serious injuries, there are still good opportunities to remain economically productive members of society, indeed often in occupations that they might never have thought they could participate in or succeed. It is our Santa Clara County and San Jose accident lawyers experience also that to the extent the client can make an effort, even just to look into the occupations for which he might return to the workforce, this also will impress the settlement judge and jury, contribute to inspire them to identify with and sympathize with the client, and that this will result in a greater likelihood that the client will receive a settlement or judgment which will fully compensate him across the board in all the elements of damages to which the client is entitled.
The "Recoverability Issue." Our Experienced Santa Clara County and San Jose Auto Accident Lawyers Approach to Identifying All Potential Defendants in Car, Motorcycle, Bicycle and Big Rig Truck Accident Cases to Identify Insurance Coverage and Assets Sufficient to Compensate Our Seriously and Catastrophically Injured Clients.
Our Santa Clara County and San Jose trial lawyers recognize that in most car, motorcycle, bicycle and even big rig truck accident cases involving clients who have suffered serious or catastrophic injuries that the most difficult issue the attorney will need to surmount is the "recoverability issue." When all tolled, the San Jose accident attorney may conclude that his seriously injured client's general and special damages will amount to many millions of dollars, but the auto driver who ran the red light or the big rig truck driver who rear ended the client may maintain liability insurance woefully inadequate to pay the client's full measure of damages. All too often the auto driver will have statutory minimum liability coverage. The big rig truck driver carrying a nonhazardous load is only required by law to carry $750,000 in liability coverage. The auto driver will rarely have the wealth to meaningfully compensate the client. The shippers and trucking companies which hire truck drivers commonly hire them as "independent contractors" to avoid putting their own assets at risk.
The solution to the recoverability issue will vary with the case, but what is required most is aggressive, creative, and determined San Jose serious injury lawyers knowledgeable about every means available to them to identify all proper potential defendants. The first thing our San Jose serious injury attorneys will do is perform an asset check on the defendant driver, and occasionally the asset check will disclose that the driver is wealthy. Once the case is filed, our San Jose auto accident lawyers can obtain the information regarding the defendant driver's insurance coverage and confirm that this is all the driver's applicable insurance coverage available to pay the claim. In most cases, these "usual" strategies of personal injury lawyers will not yield insurance or assets sufficient to fully compensate the client. However, our experienced and aggressive serious injury auto accident lawyers will not stop there, and indeed we have additional strategies including highly creative strategies which few other serious injury lawyers today employ.
Our first strategy is illustrated by one of attorney, Henke's cases described in the "Recent Victories" section in the left column of this page. California and San Jose auto accident lawyer, Henke, represented a motorcyclist who lost his lower leg an intersection accident in which he had "split lanes" between cars in two left turn lanes. The defendant driver's attorneys took the position that the accident was the motorcyclists fault, and you may consider how Mr. Henke overcame the liability issue above. The greater issue was the recoverability issue, given that the defendant auto driver had only a statutory minimum policy. The solution was discovered as the product of our investigation. We discovered that the driver was commuting to work, which in and of itself is insufficient under California law to hold the employer liable for an accident caused by its employee. However, attorney Henke was able to discover that the motorist was driving a company van and carrying tools and equipment in the van. These facts brought the case within the first line of our California and San Jose serious injury auto accident lawyers "recoverability issue" strategy, to establish the liability of the driver's employer under "respondeat superior" theory. The employer had a million dollar liability policy and a multimillion dollar excess policy, and auto accident attorney, Henke was able to obtain a multimillion dollar settlement for his client.
As one example of another strategy our California and San Jose auto accident lawyers employ, which is not commonly used by California personal injury lawyers, is to use cell phone evidence. Attorney Henke is at the forefront of advocating cell phone evidence for a variety of purposes which are not commonly availed by the vast majority of California or Santa Clara County auto accident lawyers. Henke has indeed published a well received and broadly republished scientific review article on the dangers of driving under the influence of cell conversation. Very briefly, all the abundant epidemiological literature and controlled experimental studies demonstrate that those who drive under the influence of cell conversation are DUI level driving impaired and 4 times more likely to cause an accident. This evidence can be useful in a contested liability case to aid in establishing the fault of the defendant driver, just as evidence that the defendant is DUI level alcohol impaired is often useful in establishing liability. But relevant to the subject of "recoverability" California and San Jose auto accident lawyer, Henke, advocates that in every serious injury auto accident case that the defendant driver's cell phone records be obtained. Driving under the influence of cell conversation is epidemic. One in ten auto drivers on our American streets and highways, at any given moment in time, is actively involved in cell conversation. NOPUS/NHTSA. With the long commute times of drivers, more and more the drivers use their commutes to make business calls -- calls to the employer or to the secretary, or to a prospective client, or to change the time of a meeting later in the day. And what California and Santa Clara County auto accident lawyer, Henke recommends in serious injury accident cases is that the cell phone records be obtained to establish that the defendant driver was engaged in a business related phone call. The defendant driver and the other party to the telephone call can be deposed to discover their business relationship, and the purpose of the call. And where it can be established that it was a business call, again, our San Jose auto accident lawyers can name the employer as a defendant in the litigation and hold the employer vicariously liable under respondeat superior theory for the injuries caused by its employee.
Our Santa Clara County and San Jose auto accident lawyers have a number of other means of identifying additional defendants in serious injury auto accident cases. If there is evidence that a road defect or failure in maintenance of a roadway contributed to a car or motorcycle or bicycle accident, the public entity responsible for the roadway can be named as a defendant in the litigation. In some cases, our accident reconstruction experts and product engineers will identify failure in the brakes or other aspect of a vehicle which contributed to the accident, as an additional example.
Our Santa Clara and San Jose big rig truck accident lawyers are knowledgeable about the federal and California statutes regulating everything from the number of hours that a driver is permitted to work between rest periods, the size of loads and securing of loads. In accidents involving big rigs, semis, tractor trailers, 18 wheelers and other large commercial vehicles, our California and Santa Clara County big rig truck accident lawyers will perform an extensive investigation to establish the cause of the accident and the bases for holding the trucking company or shipper liable. Two causes of action available to our San Jose big rig truck accident lawyers specifically against trucking companies and shippers are "negligent entrustment" and "negligent supervision." If you would like to learn more about our Santa Clara County and San Jose big rig truck accident lawyers' strategies for proceeding against the shippers and trucking companies in serious injury large commercial truck accident cases, please consider our separate page on the subject.
Our Santa Clara County and San Jose auto accident lawyers hope that by this discussion the reader will recognize that even the simplest of car, motorcycle, bicycle and big rig truck accidents are always complex if the client is seriously or catastrophically injured. The damage issues are complex. And the recoverability issues are complex. Highly experienced California and San Jose serious injury auto accident lawyers are best suited to assure that the client will receive his best opportunity to recover the full measure of his general and special damages.
If you have been seriously injured in a car, motorcycle, bicycle or big rig truck accident, you are welcome to contact our California and Santa Clara County auto accident lawyers. You may submit the e-mail "Serious Injury Auto Accident Lawyer Case Evaluation Request" and one of our highly experienced accident lawyers will contact you to discuss the facts of your case, your injuries and prognosis, your economic damages, and will provide his case evaluation and recommendations. We are here to serve you.
Our Santa Clara County Medical Malpractice Lawyers and San Jose Hospital Negligence Attorneys Discuss Medical Negligence Litigation, Obstetrical Malpractice and Birth Injury Litigation.
Every medical malpractice case is different, requiring first that the experienced Santa Clara medical malpractice lawyer learn the medical subject matter. Even within a specific category of medical malpractice litigation, such as obstetrical malpractice, while there may often be similarities with regard to the applicable standards of care, there will also be differences, including the mother's prior medical history and prior obstetrical history which may suggest that the pregnancy is "high risk," and then also unique considerations in every case depending on the specific conduct of the physician or other health care professional whose negligence resulted in the client's injury. Qualified Santa Clara County medical malpractice lawyers will be highly experienced in gaining an accurate understanding of medical literature. Just to read medical literature competently requires a complete understanding of the scientific method, medical science and statistics. Under California law, the San Jose medical malpractice lawyer must presents his case against the physician through the testimony of experts, and it is incumbent upon the Santa Clara medical malpractice attorney to obtain highly qualified experts to present the case that the defendant physician "fell below the standard of care."
An example may serve to make plain the complexity of the experienced San Jose medical malpractice lawyer's task. You may also consider additional examples, in the discussion of medical malpractice cases and jury verdicts in the left column of this page.
One case involving both medical malpractice and hospital negligence will serve to illustrate the complexity inherent in such cases, requiring that the cases be carefully prepared and presented at trial by highly experienced and competent Santa Clara County and San Jose medical malpractice and hospital negligence attorneys. As our example we will consider what was commonly reported in the press as the first AIDS medical fraud case in the United States. Attorney Ray Henke was the lead attorney in ten "test" AIDS medical and hospital negligence cases from the inception of the cases through the consolidated trial of five of the cases, and resolution of all ten. The principal defendant "AIDS physician" represented to his patients that he had a "cure" for AIDS. The "drug" was substance concocted by a retired doctor in the unsterile environs of his pool house sink. The defendant physician attempted to inject his AIDS patients with the "drug" intramuscularly and then intravenously, but the injections were extremely painful and caused large lumps of necrotic tissue at the injection sites. The physician then had the idea that he could avoid his patient's pain by injecting the "drug" directly into his patients hearts by surgically implanting indwelling Hickman catheters into his patients superior vena cavae. This "AIDS doctor" was on staff at a local hospital and obtained the services of a surgeon who would perform an assembly line of these Hickman catheter surgeries on scores of the physician's patients based on the physician's admission histories misrepresenting that the patients were "cancer patients" in need of the indwelling Hickman catheters to administer "chemotherapy."
The physician went bankrupt and his medical malpractice insurance company filed a declaratory relief action, claiming that its insurance policy specifically excluded coverage for negligence in the use of FDA unapproved drugs. California and San Jose medical malpractice lawyer, Ray Henke, filed a nondischargeability lawsuit in the bankruptcy court against the doctor, and defended the insurance company's declaratory relief action. In order to assure that his client's would be compensated, he also filed suit against the hospital which had granted the physician staff privileges, alleging hospital negligence and that the hospital conspired with the physician to defraud his clients. Santa Clara County and San Jose hospital negligence lawyer, Henke's theory against the hospital was that it was aware prior to the Hickman catheter surgeries that the defendant physician was involved in below standard AIDS medicine and AIDS fraud, and that if the hospital has properly revoked the physician's staff privileges he could not have later admitted Henke's clients for the Hickman catheter surgeries. California and San Jose hospital malpractice lawyer, Henke, took the deposition first of the hospital's Chief Administrator, who denied any knowledge that the defendant physician was involved in "below standard" care in the treatment of his AIDS patients on the hospital's Immune Suppressed Unit. But hospital negligence attorney, Henke, then took the depositions of the nurses who were on the ISU nursing staff in the years leading up to the Hickman catheter surgeries, one nurse after the other tearfully describing the horrifying and indeed life threatening "treatment" this defendant physician had been engaged in on the ISU for years before the dates on which he admitted Henke's clients for Hickman catheter surgery. The nurses also testified that they told the physician's patients to go to other hospitals and complained up every hospital administration channel open to them, including to the director of the Immune Suppressed Unit. The director of the ISU then testified that he brought the complaints of the nurses and his own complaints about the defendant physicians bizarre AIDS treatments to the attention of the Chief Administrator who declined to revoke the physician's staff privileges, insisting that the ISU director instead "offer his guidance" to the defendant physician, guidance which the physician declined.
Five of Henke's AIDS patients were seriously ill, and to assure that they would have their day in court, Henke moved for an expedited trial and moved to consolidate all 5 cases to be tried in a single trial.
In every medical malpractice case by law, California and San Jose medical malpractice lawyers must call at least one medical witness to testify that the defendant physician "fell below the standard of care" in his treatment of the plaintiff. In the above mentioned litigation, California and Santa Clara medical malpractice lawyer, Henke, designated as his medical experts 20 of the most highly qualified AIDS physicians and scientists in the world.
The medical experts who testified in deposition and/or trial in the case against the defendant doctor included Luc Montagnier, the discoverer of HIV and head of France's National AIDS Laboratories; Michael Gotlieb, the astute physician who discovered of AIDS and who also co-founded the American Foundation for AIDS Medicine (AMFAR); Don Francis, the epidemiologist who headed up the first CDC AIDS task force and discovered that AIDS was a sexually transmitted disease; John Curnutte, head of the largest AIDS vaccine research center in the world, supervising over 100 scientists; Roger Detels, Chairman of the Epidemiology Department at UCLA and chief investigator supervising the largest AIDS and AIDS drug study in the world, and a dozen others of the most highly regarded AIDS medical doctors and scientists in the world.
To establish hospital negligence, California and San Jose hospital negligence lawyer, Henke, took the position that the hospital's chief administrator, in the years preceding the Hickman catheter surgeries, failed in his duty either to revoke the defendant physician's staff privileges, or refer him for "peer review," a process whereby the physician's conduct is evaluated by other staff physicians. Santa Clara County medical malpractice and hospital negligence lawyer, Henke, also discovered that the ISU director was paid an administrative salary, and so his negligence in failing to demand that the defendant physician's staff privileges be revoked was also a basis for establishing hospital negligence. The ISU director was no longer working at the hospital, and Henke met with him a number of times, In their conversation the ISU director expressed his deep regrets for his failures to assert himself to insist the defendant physician's staff privileges be revoked. Ultimately the former ISU director offered to testify for Henke against the hospital, implicating both the Chief Administrator and himself for their failures to assure that the defendant physician was removed from the hospital staff. California and San Jose hospital malpractice lawyer, Henke, called the ISU director to the stand at trial to assign culpability to the hospital's Chief Administrator, and accept culpability himself. Henke also called a former Administrator of Cedar's Sinai hospital, a nationally respected hospital, to testify also that the hospital's Chief administrator should have immediately revoked the staff physician's privileges, or at the very minimum, conditionally revoke his privileges subject to a peer review determination. California and San Jose hospital negligence attorney, Henke, also called Peter Wolfe, a very highly regarded California AIDS physician and member of the Scientific Advisory Committee to AMFAR to testify that if a peer review committee were assembled to consider the conduct of the defendant physician on the hospital ISU that the peer review committee would have immediately recommended that the physician's hospital staff privileges be revoked. It was then, California and San Jose hospital negligence lawyer, Henke's position that if the defendant physician's staff privileges had been timely revoked, that he would not have been able to admit Henke's clients for their Hickman catheters.
San Jose medical malpractice and hospital negligence attorney, Henke, tried the cases of his five clients against the defendant physician and hospital in a 4 month trial. The jury returned verdicts against the physician for medical negligence and fraud, and against the hospital for negligence and conspiracy to defraud, awarding a multimillion dollar damage verdict, including a $1.9 million punitive damage verdict against the hospital. Henke also won the physicians and hospital's appeal, as well as the nondischargeability bankruptcy case against the defendant physician. The physicians insurance company ultimately dropped its declaratory relief action, paying the full amount of the awarded compensatory damages with interest.
The case was widely chronicled in the legitimate press, 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 Francisco Chronicle and Examiner. California and San Jose medical malpractice lawyer, Ray Henke also testified before Congress at the invitation of the Chairman of the Judiciary Committee of the US House of Representatives, with regard to the above case, and with regard to the importance of punitive damages generally and in medical malpractice litigation specifically to send the message to AIDS physicians and hospitals nationwide that AIDS medical fraud will not be tolerated in our society.
Our California and San Jose medical malpractice lawyers and hospital negligence attorneys will consider representing clients seriously and permanently injured as the result of medical and hospital negligence in Santa Clara County and throughout Northern California. Our San Jose obstetrical malpractice lawyers will consider representing newborns who have suffered traumatic brain injury, cerebral palsy, Erbs palsy and brachial plexus palsy. Please consider our medical malpractice lawyers page and our obstetrical malpractice and birth injury attorneys page in our "Practice Areas" menu.
If you have been seriously or catastrophically injured as the result the negligence of a physician or hospital, our Santa Clara medical malpractice lawyers and hospital negligence attorneys would welcome the opportunity to speak with you. You may submit the e-mail "Medical Malpractice Lawyers Case Evaluation Request" and one of our highly experienced Santa Clara County medical malpractice lawyers or San Jose hospital negligence attorneys will contact you, discuss with you the facts of your case, provide our initial impressions, case evaluation, and recommendations. Our case consultations are entirely free of charge.
Our Santa Clara County Pharmaceutical Product Liability Lawyers Discuss the Complexity of Drug and Medical Device Litigation, and our San Jose Ortho Evra Patch Attorneys Specific Current Interest in the Ortho Evra Patch Litigation.
California and San Jose pharmaceutical product liability lawyer, Ray Henke, has been involved in most of the more important drug and medical device litigation of the past 20 years, Dalcon Shield, DES, Bendectin, Thalidomide/Kevadon, Breast Implant and Vioxx to name a few. For a discussion of our credentials in pharmaceutical litigation, please consider our "Drug Product Liability Lawyers" page listed in the "Practice Areas" menu. Our California and Santa Clara County drug defect and medical device product liability attorneys are currently interested in the Ortho Evra Patch litigation in particular. If you or a loved one has suffered cardiovascular disease, stroke or heart attack, or pulmonary embolism resulting in serious and permanent injury or death, you are invited to consider our separate page on this site entitled "Ortho Evra Patch Lawyers" by placing your cursor over "Drug Product Liability Lawyers" in the "Practice Areas" menu.
California and Santa Clara County pharmaceutical product liability lawyers, Ray Henke and Jim Butler tried one of the most closely watched Bendectin "test" trials in the United States in Santa Clara County. And in another Santa Clara County drug product liability and medical malpractice case, attorney Henke obtained a $1.5 million dollar settlement against the drug manufacturer and a $100,000 settlement against the mother's physician for permanent birth defects which attorney Henke alleged were caused by a potent FDA unapproved teratogen discovered to have been distributed through the physician in an investigation to determine whether the drug might be effective as a sedative.
In the preceding section discussing medical malpractice litigation, California and San Jose drug product liability lawyer, Henke discusses in detail the first AIDS medical and drug fraud case in the United States, a case in which he tried the cases of five of his seriously ill clients in a single 4 month trial, yielding a $2.7 million dollar verdict including a $1.9 million dollar punitive damage verdict. This also was a case which was widely chronicled in the legitimate press, from the front page of the New York Times to the front page of the Los Angeles Times, from the San Francisco Chronicle and Examiner to the Washington Post. California and San Jose drug product liability lawyer, Ray Henke, also testified before Congress with regard to that case at the invitation of the Chairman of Judiciary Committee of the US House of Representatives.
Santa Clara County pharmaceutical product liability lawyer, Ray Henke has also achieved extraordinary appellate victories, specifically in drug product liability litigation. In one case, the United States District Court for the Southern District of Ohio had certified a "mandatory class action" binding 1000 children born with birth defects joined in that court and all others pending in state courts nationwide, following which the Plaintiff's Lead Counsel Committee and the lawyers for the defendant pharmaceutical company entered into a $120,000,000 settlement of all cases nationwide. It was California and San Jose pharmaceutical product liability lawyer Ray Henke's conclusion and that of his firm, as well as the conclusion of their clients, that the amount of the settlement was woefully inadequate to compensate the thousands of children born with very serious birth defects. Santa Clara drug product liability lawyer, Ray Henke, filed a petition for writ of mandamus in the United States Court of Appeals for the 6th Circuit on behalf of one aggrieved client with severe limb defects, alleging that the certification of the "mandatory class action" deprived attorney, Henke's client of his right to the attorney of his choice and the right to control his own litigation. The United States Court of Appeals agreed with attorney Henke's position and ordered that the federal district court judge decertify the mandatory class action and void the settlement. The United States Court of Appeals published an extensive landmark opinion on attorney Henke's writ of mandamus adopting Henke's arguments, which from that day forward severely restricts the availability of mandatory class action in pharmaceutical litigation and all "mass disaster" litigation, requiring courts now to permit individual claimants to "opt in" to class actions or "opt out" of class actions and pursue their pharmaceutical product liability litigation individually with the attorney of their choice.
If you or a loved one was severely injured as the result of a defective drug or medical device, our Santa Clara County and San Jose drug product liability lawyers welcome you to contact us for a free consultation. Simply submit the e-mail "Pharmaceutical Product Liability Lawyers Case Evaluation Request" and one of our San Jose drug product liability and medical device attorneys will call you to discuss the facts of your case, provide our initial impressions, case evaluation and recommendations.
If you or a loved one has suffered a heart attack or stroke as the result of use of the Ortho Evra Patch, you are welcome to contact one of our San Jose Ortho Evra Patch lawyers for a free consultation. We will consider Ortho Evra Patch cases arising in any county in the state of California. Simply fill out the "Ortho Evra Patch Lawyers Case Evaluation Request" and one of our Santa Clara County Ortho Evra Patch attorneys will contact you to provide our case evaluation and recommendations.
Our pharmaceutical product liability lawyer consultations are entirely free of charge. We welcome the opportunity to represent you.
Our San Jose Food Poisoning Lawyers Will Consider Ecoli HUS and TTP Cases Listeria Botulism, Campylobacter, Norovirus, Salmonella and Shigella Litigation Arising in Santa Clara County. Our Food Poisoning Attorneys Will Also Consider Outbreak Cases Throughout the State of California.
We invite you to consider the credentials of our California and San Jose food poisoning lawyers on our separate "Food Poisoning Lawyers" page in our "Practice Areas" menu. In our Santa Clara food poisoning litigation, food and drug lawyer, Ray Henke, works closely with the very highly acclaimed food poisoning attorney, Nick Allis and his firm. Mr. Allis is most well known as an Ecoli HUS lawyer, having achieved one of the largest verdicts ever in an E. coli case in which the client suffered Hemolytic Uremic Syndrome. Our California and San Jose food poisoning lawyers will also consider serious injury Listeria, Botulism, Campylobacter, Norovirus, Salmonella and Shigella cases.
Our California and San Jose food poisoning attorneys have also prepared separate pages on this site, specifically our "E coli HUS and TTP Lawyers" page and "Listeria Attorneys" page, which you may consider by placing your cursor over "Food Poisoning Lawyers" in the "Practice Areas" menu.
If you have suffered serious food poisoning illness resulting in permanent health consequences as the result of your exposure to Ecoli, Listeria, Botulism, Campylobacter, Norovirus, Salmonella or Shigella, or if you have suffered illness as the result of an outbreak of any of the above, you are welcome to contact us for a free consultation. Simply submit the "Food Poisoning Attorneys Case Evaluation Request" and one of our highly qualified and experienced Santa Clara County and San Jose food poisoning lawyers will contact you to discuss your case, the facts with regard to your exposure, your illness, injuries and prognosis, and will provide you will our case evaluation and recommendations. Our Santa Clara County food poisoning attorney case consultations are free of charge.
Our California and San Jose Elder Abuse Lawyers Discuss Elder Physical and Psychological Abuse, Elder Neglect and Abandonment, and Elder Financial Abuse. Our Santa Clara County and San Jose Elder Abuse Attorneys Represent Seniors in Lawsuits Against Nursing Homes, Convalescent Centers and Retirement Homes.
Our Santa Clara County and San Jose elder abuse lawyers represent seniors in cases of physical abuse and psychological abuse as well as elder neglect and abandonment against elder living facilities, nursing homes, convalescent centers and retirement homes.
If you believe that you or a loved one has been the victim of elder abuse in Santa Clara County or any other California County, please consider our separate "Elder Abuse Lawyers" page, listed in our "Practice Areas" menu. Our San Jose elder abuse attorneys offer free consultations. Simply submit the "Elder Abuse Lawyers Case Evaluation Request" and one of our Santa Clara County elder abuse lawyers will contact you to discuss the facts of your case, provide our case evaluation, and our recommendations.
Very briefly, on our Elder Abuse page, our California and San Jose elder abuse attorneys describe "elder physical abuse" as referring to willful or intentional physical abuse, such as beatings or slapping, or unreasonable physical restraint, or the refusal or food or water, and sometimes sexual abuse inflicted by a staff member of a senior facility, retirement home, elder convalescent center, nursing home or other facility for the elderly.
"Elder psychological abuse" is defined by our San Jose elder abuse lawyers as emotional abuse which is willfully or intentionally inflicted upon the senior by employees of a retirement facility, nursing home, senior convalescent center or other facility for the elderly. Elder psychological abuse will sometimes involve verbal abuse in the form of intimidation or threats or other conduct calculated to result in fear, or sometimes elder psychological abuse may take the form verbal humiliation or other conduct by an employee of the convalescent center or retirement home, calculated to humiliate, or isolate the senior or result in sensory deprivation.
Our Santa Clara and San Jose elder abuse lawyers define "elder neglect" as the failure of a nursing home or retirement facility to fulfill its duty of care for the senior by failure to protect the elder from hazards to his or her health and safety, failure provide for the elder's medical care or mental health care. "Elder abandonment" is defined by our San Jose elder abuse lawyers as the willful or intentional failure of a senior facility, nursing home or retirement facility to care for the elder often manifest in rashes or bed sores, or symptoms of malnurishment or dehydration.
"Elder Financial abuse" our San Jose elder abuse lawyers define as the misuse of the elder's money or property which may occur by theft or fraud, overreaching or the misuse of a fiduciary relationship held by the elder's care givers, nursing home or retirement facility or convalescent center, their employees or the health care professionals upon whom the elder relies for his physical and emotional sustenance. The senior's fiduciaries may be his guardians or conservators or lawyers or persons with his power of attorney or accountants or investment advisors, real estate brokers and stock brokers. Elder financial abuse may also be perpetrated by con artists, door to door or fly by night salesmen. Sadly, sometimes those responsible for elder financial abuse will also be members of the senior's family, who may destroy the seniors will or unduly influence him to alter its terms of his will, or divert the money, property or assets of the elder.
Our Santa Clara County and San Jose elder abuse attorneys welcome you to call us for a free consultation. If you or a loved one has suffered elder physical or emotional abuse or elder neglect or abandonment by the staff of a facility for the elderly, senior retirement home or nursing home, simply submit the "Elder Abuse Lawyers Case Evaluation Request" and one of our San Jose elder abuse lawyers will contact you to provide our case evaluation and recommendations. Our elder abuse case evaluations are entirely free of charge. We welcome the opportunity to speak with you.
Our San Jose Premises Liability Lawyers Discuss Serious Injury Slip & Fall Litigation. Our San Jose Slip and Fall Lawyers Represent Those Seriously or Catastrophically Injured From Falls on Santa Clara County Commercial Property, Residential Facilities, and Government Property Such as From Sidewalk Holes or Defects.
If you have been seriously injured as the result of a slip or fall as the result of a structural defect or failure to maintain commercial property, a residential facility or as the result of a defect in property owned and maintained by a governmental entity, such as a city, or the county of Santa Clara, our San Jose premisis liability lawyers invite you to consider our qualifications set forth on our separate "Premises Liability Attorneys" page in the "Practice Areas" menu.
If you suffered brain damage as the result of a fall, our San Jose premises liability lawyers invite you to consider our "Traumatic Brain Injury Lawyers" page. If you have suffered paralysis, quadriplegia, paraplegia or other spinal cord injury in a fall on commercial, residential or government property, our Santa Clara premises liability attorneys invite you to consider our "Paralysis and Spinal Cord Injury Lawyers" page.
While "liability" in a slip and fall case may sometimes appear simple and straightforward, demonstrating the negligence of the property owner or public entity will often still be complex. However, as our experienced San Jose premises liability lawyers explain, all cases involving serious or catastrophic injuries are complex, requiring a sophisticated complex trial lawyer with superior strategies for the presentation of general damages, including what many lawyers refer to as "pain and suffering" but what in serious injury litigation may often most importantly involve "loss of enjoyment of life damages." The sophisticated and experienced Santa Clara County premises liability lawyer will also have developed proven strategies for the presentation of past and future medical expenses and past and future loss of earnings, through the testimony of physician specialists, "life care planners," "vocational rehabilitation experts," and forensic economists. If you were seriously or catastrophically injured in a fall on commercial, residential or government property, our Santa Clara and San Jose premises liability lawyers strongly recommend that you consider our "Serious & Catastrophic Injury Lawyers" page at the top of our "Practice Areas" menu.
All those seriously injured in Santa Clara County or in any other county in the state of California are welcome to contact our San Jose serious injury slip and fall lawyers by submitting the "Premises Liability Lawyers Case Evaluation Request." One of our San Jose premises liability lawyers will call you to discuss your case, your injuries and prognosis, and provide you with our case evaluation and recommendations. Our case consultations are entirely free of charge. We welcome the opportunity to speak with you.
Our San Jose Product Liability Lawyers Describe Our Approach to Serious Injury Product Defect Litigation. Our Experienced San Jose Personal Injury Lawyers Are Your Product Liability Lawyers of Choice for Santa Clara County.
Our experienced California and Santa Clara County serious injury product liability attorneys have represented many clients seriously and catastrophically injured as the results of a wide spectrum of product defects. We invite you to consider more fully our credentials as your San Jose product liability lawyers of choice, described on our "Product Liability Lawyers" and "Drug Product Defect Attorneys" pages found in the "Practice Areas" menu.
Our San Jose product liability lawyers concentrate on product defect cases involving serious injuries. The prosecution of every product liability case is complex, requiring sophisticated and experienced product defect attorneys to present the evidence of liability and the evidence that the product defect was the legal cause of the injury. In serious injury product liability litigation, the trial lawyer must also have a sophisticated approach to the presentation of his client's general and special damages. General damages is often referred to by personal injury lawyers as "pain and suffering" damages, but in the catastrophic injury case, the larger measure of general damages may be the client's "loss of enjoyment of life damages." You may read about our San Jose product liability lawyers approach to presenting "loss of enjoyment of life damages", juxtaposing all that the client most enjoyed in his life before the accident against a professionally produced "Day in the Life" documentary showing the client's dignity and courage in facing all of the difficulties and challenges of his post-accident daily life on our "Serious & Catastrophic Injury Lawyers" page at the top of our "Practice Areas" menu. On that page our San Jose serious injury attorneys also discuss our approach to presenting complex future medical expenses and future loss of earnings through the testimony of medical specialists, "life care planners" vocational rehabilitation experts" and forensic economists.
"Liability" in product liability cases involves first demonstrating that the product is defective, and there are many product liability legal theories which can be used in any particular case depending upon what the product liability attorney considers would best fit the particular facts of the case. Some product cases involve a design defect, others a manufacturing defect, still others a failure to warn, in some cases negligence theory may be most appropriate and in others, strict product liability theory.
California and San Jose product liability lawyer. Henke, has tried the most complex product defect cases under each of these theories, from a freon can which blew up in an auto mechanic's hand as the result of a manufacturing defect, through a large number of pharmaceutical product liability cases based on everything from failure to warn through misrepresentation and fraud, from a machine design defect case in which the plaintiff lost his arm as the result of a "sausage stuffer's" failure to incorporate an automatic cut off switch when the top of the stuffer was opened for cleaning, through a strict liability polo helmet case in which a world class polo player lost his life when he fell from his horse in Chicago polo match.
Every product defect case is different, calling upon the experienced Santa Clara County product liability lawyer to conduct the appropriate investigation, bring in the very best experts either to investigate the product for a manufacturing defect or to make the case on the published epidemiological literature, as in a pharmaceutical product liability case.
In all product defect cases the plaintiff's trial attorney must also demonstrate "causation," meaning that the defect in the product was a "substantial factor" resulting in the injuries. In some cases "causation" may be obvious, as in the cases of the exploding freon can and the sausage stuffer referred to above. In other cases liability may hinge on the experienced San Jose product liability lawyer establishing that the product defect caused the injuries. In most pharmaceutical product liability cases, it is common that the injury will be known to commonly occur spontaneously in the absence of exposure to drug. For example, infants will sometimes spontaneously be born with limb defects. However, if the epidemiological literature demonstrates greater than a doubling in the incidence of the birth defect in association with exposure to a drug during a specific time period during the mother's pregnancy, and the mother took the drug during that specific period of organogenisis, the experts will conclude that the birth defects were more likely than not caused by the drug exposure. As another example, in the Polo helmet case referred to above, world class experts were named by both the plaintiff and the defendant on the issue of "causation," the defendant's experts claiming that no helmet could have averted the brain injury which led to the polo player's death; the plaintiff's experts, in that case, one from the Snell Foundation, most known for setting the standards for racing helmets, and a very highly regarded neurologist, were pivotal in obtaining the favorable settlement for the decedent's family.
Indeed, product liability cases will commonly be decided on the basis of expert testimony, and it is essential that appropriately qualified San Jose product liability lawyers be engaged who have experience in putting together highly qualified teams of experts to prevail over the experts called by the defendant's attorneys. In an AIDS medical fraud case involving an AIDS drug misrepresented by the defendant physician and manufacturer as a "cure" for HIV disease, California and San Jose product liability lawyer, Ray Henke called 20 of the most highly qualified AIDS medical doctors and scientists in the world, including Michael Gotlieb, the astute physician who discovered of AIDS and who also co-founded the American Foundation for AIDS Medicine (AMFAR); Luc Montagnier, the discoverer of HIV and head of France's National AIDS Laboratories; Don Francis, the epidemiologist who headed up the first CDC AIDS task force and discovered that AIDS was a sexually transmitted disease; John Curnutte, head of the largest AIDS vaccine research center in the world, supervising over 100 scientists; Roger Detels, Chairman of the Epidemiology Department at UCLA and chief investigator supervising the largest AIDS and AIDS drug study in the world; Peter Wolfe, highly regarded American AIDS Physician, and Member of the Scientific Advisory Committee to AMFAR, and a dozen others of the most highly regarded AIDS medical doctors and scientists in the world.
If you have been seriously injured as the result of a product defect, our Santa Clara County and San Jose product liability lawyers welcome you to contact us for a free consultation. Simply submit the "Product Defect Attorneys Case Evaluation Form" and one of our highly qualified San Jose product liability lawyers will contact you to discuss your case, your injuries and prognosis, the economic damages you have suffered, and we will provide our case evaluation and recommendations. Our product liability lawyers represent clients in San Jose, Santa Clara County and throughout California. Our case consultations are free of charge.
Our Santa Clara Personal Injury Attorneys and Auto Accident Lawyers Representing Those Seriously Injured in Car Motorcycle Bicycle and Big Rig Truck Accidents, Our San Jose Medical and Obstetrical Malpractice Lawyers and Birth Injury Attorney, Our San Jose Pharmaceutical, Medical Device, and Ortho Evra Patch Lawyers, Our Santa Clara County Food Poisoning and Ecoli HUS Lawyer, And Our San Jose Serious Injury Slip and Fall Premises Liability Attorneys Welcome You to Contact Use for a Free Consultation.
Our Santa Clara County and San Jose personal injury lawyers invite you to contact us for a free case consultation. Simply submit the "Case Evaluation Request" and one of our highly experienced lawyers most knowledgeable about the specific liability practice area involved in your case will contact you to provide you a free case consultation and our recommendations.
If you were involved in a car, motorcycle, bicycle or big rig truck accident case, our highly experienced Santa Clara County and San Jose accident lawyers are here to serve you. Please consider our credentials and track record in accident litigation, discussed on our accident lawyers pages. Put your cursor over "Auto Accident Attorneys" in the "Practice Areas" menu and you will see our California and San Jose auto accident lawyers, motorcycle accident attorneys, bicycle lawyer, and big rig truck accident attorney pages discussing in more detail the reasons why you should consider a highly experienced accident lawyer for your serious injury case.
If you were injured as the result of a fall on commercial property or a residential facility or government property, our Santa Clara and San Jose premises injury lawyers invite you to consider our "Premises Liability Attorneys" page. Our San Jose attorneys are pleased to consider all serious injury slip and fall cases arising in Santa Clara County.
If you have suffered serious permanent injury as the result of medical malpractice or hospital negligence, our San Jose medical malpractice lawyers and Santa Clara County hospital negligence attorneys welcome you to consider our "Medical Malpractice Lawyers" page. We also are pleased to consider obstetrical malpractice and birth injury cases, including new born brain damage, cerebral palsy, Erbs palsy and brachial plexus palsy cases.
Our San Jose pharmaceutical product liability lawyers and Santa Clara County medical device defect attorneys invite you to consider our "Drug Product Liability Lawyer" page. If you or a loved one suffered a heart attack or stroke as the result of the Ortho Evra Patch, our San Jose Ortho Evra Patch attorney welcomes you to consult our separate page.
If you have suffered serious illness or permanent injury as the result of food poisoning in Santa Clara County, our San Jose lawyers invite you to consider our Food Poisoning Attorneys page. We will consider Ecoli HUS cases, Listeria and Listeriosis Litigation, Botulism, Campylobacter, Norovirus, Salmonella and Shigella Cases. You may also consider our specific San Jose Ecoli HUS lawyers page or our Santa Clara County Listeria page.
All serious and catastrophic injury cases are complex and require highly experienced complex trial lawyers who are capable of preparing and presenting the percipient and expert testimony of general and special damages, and in particular future medical expenses and loss of earnings. The damages presentation is always complex even in the simplest liability car, motorcycle or bicycle accident case. And all medical malpractice, product liability, elder abuse, food poisoning and drug product and medical device liability and food poisoning cases are complex both in terms of the presentation of the liability and damages.
Our Santa Clara and San Jose personal injury lawyers invite you to consider our "Serious & Catastrophic Injury Lawyers" page at the top of our "Practice Areas" menu to learn about our sophisticated strategies for presenting general and special damages in serious injury litigation
We are pleased to provide free case consolations. Submit the "Case Consultation Request" and our most appropriately qualified San Jose personal injury lawyer will contact you with regard to your accident case or medical malpractice, elder abuse, product liability or food poisoning case. We will discuss the facts of your case, your injuries and prognosis, your economic damages, and then offer our case evaluation and recommendations. Again our Santa Clara County personal injury lawyer case consultations are entirely free of charge.
*Landmark Jury Verdicts:
$1.5 million dollar settlement in a Santa Clara County pharmaceutical product liability birth injury case involving a drug which Attorney Henke claimed was the probable cause of the child's birth injuries, based upon the facts that the child's mother's obstetrician provided her a sedative during early pregnancy. California and San Jose drug product liability lawyer, Mr. Henke, obtained possession of a list of physicians, which included the mother's Santa Clara County 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. Santa Clara County and San Jose drug product liability attorney, 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. Mr. 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.
$3.8 million dollar gross jury verdict in brain injury case. California and San Jose medical malpractice attorney, 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 as superior California and Santa Clara County medical malpractice lawyers, and indeed our national acclaim as seasoned, superior 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 Jose attorney 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 Mr. 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. 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.
*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
$1.5 million dollar settlement in a Santa Clara County pharmaceutical product liability birth injury case involving a drug which Attorney Henke claimed was the probable cause of the child's birth injuries, based upon the facts that the child's mother's obstetrician provided her a sedative during early pregnancy. California and San Jose drug product liability lawyer, Mr. Henke, obtained possession of a list of physicians, which included the mother's Santa Clara County 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. Santa Clara County and San Jose drug product liability attorney, 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. Mr. 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.
$3.8 million dollar gross jury verdict in brain injury case. California and San Jose medical malpractice attorney, 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 as superior California and Santa Clara County medical malpractice lawyers, and indeed our national acclaim as seasoned, superior 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 Jose attorney 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 Mr. 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. 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.
*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 Henke Law Group Scientific Review Article. As Knowledgeable 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 Case.
Where we 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.
Santa Clara County and San Jose auto accident attorney Henke has reviewed all the scientific literature on the effect of cell phone use to impair driver attention. 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, 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 Santa Clara County or San Jose 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. In the contested liability 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 cell phone records be obtained 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 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 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 Henke Law Group Scientific Review Article. As Knowledgeable 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 Case.
Where we 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.
Santa Clara County and San Jose auto accident attorney Henke has reviewed all the scientific literature on the effect of cell phone use to impair driver attention. 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, 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 Santa Clara County or San Jose 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. In the contested liability 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 cell phone records be obtained 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 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 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.