National Case Results

At Fox and Fox we do our best to make certain that the victim is justly rewarded from the negligent party.

$15 MILLION MEDICAL MALPRACTICE/WRONGFUL DEATH VERDICT

 

Fox won a $15 million verdict in a medical malpractice case against Harvard physicians at Children’s Hospital in Boston, who negligently caused the death of a two year old boy. Fox travelled to Boston to handle this case which took four years and culminated in a two month jury trial. At trial, Fox proved that doctors had falsified the medical record and attempted to conceal their negligence. The presentation of evidence included use of the latest “high tech” presentation techniques. Projecting medical records onto an 8 foot screen, Fox demonstrated how Harvard anesthesiologists made alterations in the electronic medical record and concocted a handwritten anesthesia report. The verdict was heralded as one of the largest medical malpractice verdicts of its kind.

 

TRUCK CRASH – $3.2 million

Each year 1000’s of motorists are maimed and killed as a result of careless truck drivers and poor truck maintenance. Fox obtained an award $3.2 million to a motorist injured when a wheel separated from a big-rig truck and crashed into his windshield, shattering both his legs. Fox and Fox successfully prosecuted negligence case against an interstate trucking firm who neglected to perform careful maintenance to assure proper tightening of truck wheel lug nuts. In that case, Fox proved that the truck maintenance records had been FALSIFIED.

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PEDESTRIAN, BICYCLE AND MOTORCYCLE CRASHES – Multi-millions in settlements and verdicts

The streets and highways are particularly dangerous places for pedestrians, bicycle riders and motorcycle passengers. These accident victims typically suffer serious broken bones and head injuries in crashes. The injuries are often permanent and require financial planning and special representation to secure lifetime financial security for those disabled by their injuries. Fox and Fox Trial Lawyers will retain structured settlement specialists, life care planners, vocational experts to assist in representation to assure the best result in cases involving serious and permanent injuries.

Injuries From Accidents

 

DEFECTIVE AUTOMOBILES AND OTHER DANGEROUS PRODUCTS – Multi-millions in settlements and verdicts

Fox has represented victims of a wide variety of dangerous and defective automobiles and medical devices. Last year, Fox successfully prosecuted a case against a large foreign car manufacturer for a defective braking system and won a $9 million jury verdict for a young man injured by the runaway car. The vehicle, heading downhill, plowed through a red light at 40 mph, striking Fox’s client, causing massive injuries.

Fox has prosecuted cases against the manufacturers of medical catheters, pacemakers, drugs, hospital equipment. In one case, a patient suffered third degree burns (requiring partial leg amputation) during surgery. The burns were caused by a surgical lamp that was missing its heat filters. In another case a suction catheter broke off in a newborn and killed the baby as it became lodged in the airway.

 

 

PENDING CASE-DEFECTIVE MOTORCYCLE TIRE-BLOW-OUT CAUSED THE DEATH OF PASSENGER AND SPINAL CORD INJURY TO DRIVER OF THE HARLEY DAVIDSON

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TRANS VAGINAL MESH LITIGATION

Women who have received gynecological surgery using Teflon mesh have experienced enormous physical injuries as the mesh tears through tissue, perforates ureters and causes fistulas. Fox is currently representing a 50 year woman who suffered a perforated ureter and a shortened vagina after mesh surgery.

 

 

WATER PARK and AMUSEMENT CASES – Multi-million in settlements

Fox has handled many cases involving person serious injured at water parks, amusement parks and sporting events. Fox successfully prosecuted a case against a major Southern California water park demonstrating how improper staffing and procedures atop a waterslide caused teenager to suffer broken neck from collision between riders. The plaintiff, a teenager rendered quadriplegic, was awarded $12.5 million. Fox proved that the famed water park had poorly trained lifeguards that continuously ignored safety rules. In another lawsuit against a famed Northern California water park, Fox demonstrated that a waterslide was dangerously defective because it caused riders to hit the splash pool at unsafe speeds. His client received a substantial settlement for a fractured pelvis. In yet another water park case, Fox demonstrated that the tattered padding on the splash pool bottom caused a teenage to catch her foot during high speed entry off the slide causing a shattered ankle.

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SEXUAL ASSAULTS: DISABLED TEEN SEXUALLY ASSAULTED BY COMCAST CABLEMAN

 

Fox was hired by the mother of a Sacramento autistic teenager who was raped by a Cable TV installer outside her home. The company denied responsibility because the rapist had passed a background check. Fox proved that the cable man had prior rape convictions from out-of-state and sued the company that performed the background check, along with the cable company. Even though the rapist had changed his social security number and birth date, Fox demonstrated there were enough red flags on the background report to have warranted further scrutiny. During depositions, cable contractor employees took the 5th amendment when confronted with evidence that the rapist’s I-9 immigration form had been falsified. Fox obtained a multi-million dollar annuity settlement for the teen, guaranteeing lifetime financial security.

 

In other cases, Fox has successfully prosecuted cases on behalf of children sexually molested by their “special education” teachers; patients sexually assaulted by their doctors and psychologists.

MAMMOGRAM MISREAD AND BREAST CANCER MALPRACTICE

 

Fox represented a 48 year old woman who was referred for a routine screening mammogram. Her HMO sent her to a cut-rate mammogram center. Her mammogram was read as “normal”, but in fact showed an early stage cancer. Through careful investigation, Fox & Fox proved that the x-ray technicians, not doctors, interpreted the mammogram in violation of state law. Fox & Fox won a large settlement on behalf of the victim. This case is currently being reviewed by the State Medical Board for disciplinary proceedings against the radiologist who owned the mammogram center.

Each years thousands of breast cancers, colon cancers, lung cancers and cervical cancers are diagnosed after months or even years of unnecessary delay. The delay in diagnosis of cancer is frequently caused by medical malpractice: the physician ignores a breast lump, forgets to carefully read a chest x-ray describing a small tumor, misreads a pap-smear showing cervical cancer. Sometimes the physician just gambles that the findings are not serious or the patient will go elsewhere. Oftentimes, physicians will change their medical record to hide their malpractice. Fox has handled hundreds of cases involving the delay in the diagnosis of cancer and obtained millions in settlements and verdicts for victims of this type of malpractice.

BIRTH INJURY – $4.5 MILLION VERDICT

 

During a routine c-section, two obstetricians at a teaching hospital cut through the womb and into the baby’s head, causing brain injuries. Mr. Fox won a 4.55 million dollar jury verdict for this victim of malpractice. When a baby is born with serious brain injuries a careful investigation often demonstrates negligence on the part of the hospital staff or physician. Frequently, the fetal heart monitor shows the baby is in trouble but the monitor display is ignored until it’s too late. In one case handled by Fox, a full term pregnant mother went to the ER in the middle of the night with heavy bleeding. The baby was stillborn because the on-call obstetrician took 3 hours to get out of bed and drive to the nearby hospital. The doctor’s excuse? He figured the baby was already dead! Fox took the case to trial after the doctor refused to settle and a Los Angeles jury handed down a $2.5 million verdict to the single mother, a mail carrier.

 

BREAST CANCER MALPRACTICE – NEGLIGENT DOCTORS!

 

A 32 year old mother of two children felt a lump in her breast and showed it to her family physician. She was told “it feels like a cyst and is probably nothing”. The doctor failed to further investigate the lump. One year later it was determined that this lump was breast cancer and had spread to the lymph nodes. Two years later she died from metastatic breast cancer.

Fox & Fox successfully sued the doctor and won a multi-million dollar structured settlement on behalf of the husband and children.

 

LEGAL MALPRACTICE – NEGLIGENT LAWYER!

Lawyers, accountants, engineers and other professions frequently commit acts of negligence and Fox has successfully sued many professions for malpractice. For example, Fox represented an elderly couple after their lawyer failed to give them proper legal advice on settlement of their fire insurance claim. Despite a large settlement offer, their former attorney pressed the case forward to no avail. Eventually, the case was dismissed. Fox sued the former attorney for legal malpractice and won a $650,000 settlement from the negligent lawyer.

James Fox