Total Verdicts and Settlements = Over $100 Million
Civil Rights & Medical Malpractice Verdicts And Settlements
Kathleen Zellner is the only attorney in the country to have won five multi-million dollar verdicts in less than a year. Since opening her firm in 1991, she has obtained over $100 million in verdicts and settlements for her clients, many of which set state and national records. Some of the her results are as follows:
$ 37,900,000
Demand: $2,900,000 in actual damages, $70,000,000 in punitive damages.
Verdict: $2,900,000 in compensatory damages. 35,000,000 in punitive damages
Ryan Ferguson et. al. v. St. Paul Fire and Marine Insurance Company et al.
Case No. 20AC-CC00276, Circuit Court of Cole County, Missouri, Judge Cotton Walker presiding
Length of Trial: 4 days
Plaintiffs’ attorneys:
Kathleen T. Zellner of Kathleen T. Zellner & Associates, PC
Michael G. Berry of Newman, Comley, & Ruth PC
Wayne Jordan of Newman, Comley, & Ruth PC
Kathryn A. Thomas of Kathleen T. Zellner & Associates, PC
Defendants’ attorneys:
Evan Stephenson, Spencer Fane, LLP, Denver, CO
Christopher Harper, Franke, Schultz, & Mullen, PC, Kansas City, MO
Experts:
Richard McLeod, The McLeod Law Firm, PC, 2020 Wyandotte St., Kansas City, MO 64108, richmcleod@mclaw.com
Professor Jeffrey Thomas, University of Missouri, Kansas City, thomasje@umkc.edu
Jury was out for 1 hour and 15 minutes.
Plaintiff Ryan Ferguson was wrongfully convicted of murder in Columbia, Missouri in 2005. Ferguson served almost 10 years of a 40-year sentence in a maximum-security prison in Jefferson City. Attorney Zellner became Ferguson’s post-conviction attorney in 2009. Zellner secured his release on November 12, 2013. On March 10, 2014, Zellner brought a multi-count 1983 civil rights lawsuit in the US District Court, Western District of Missouri against the City of Columbia and 6 police officers who had been involved in the investigation of Ferguson’s case. Zellner learned they the City of Columbia was insured by Clarendon Insurance for $2.2 million and had a SIR policy for $500,000. Travelers Indemnity Company insured Columbia from 2006-2011. Travelers denied coverage through its agent, David Karamessinis, taking the position that Travelers’ policy incepted in 2006, 2 years after Ferguson’s arrest. Zellner made a policy limit demand on the Clarendon policy in 2015. After defeating the defendants’ motion for summary judgment, Zellner increased the demand to $15,000,000 and $20,000,000 respectively. Travelers refused to negotiate. In 2017, Zellner obtains a consent judgment on liability and does a bench trial on the damaged and is awarded a verdict of $11,004,000. Because the officers are unable to pay the balance of the verdict above $2,725,000, Zellner obtains an assignment of the 6 police officers to proceed with a garnishment and bad faith action against Travelers. In 2018, Zellner and Berry prevail on the garnishment action at the trial court level and Travelers appeals to the Western District Appellate Court of Missouri. In 2019 Zellner and Berry win the appeal and Travelers is ordered to pay Ferguson $5,354,000 for its policy period from 2006-2011. Travelers attempts to transfer the case to the Missouri Supreme Court and the transfer is denied. In 2020, Travelers paid Ferguson, and the officers continue the bad faith claim, which is transferred to Cole County. The trial proceeds on October 26, 2024. On November 1, 2024, the jury returns a verdict, after deliberating for 75 minutes, for $37,900,000. The officers will receive a combined 14 percent of the verdict able $2,900,000. Travelers has not indicated whether they plan to appeal at this time. Plaintiffs believe that this is the highest national verdict for a bad faith case stemming from an underlying wrongful conviction verdict.
$15,500,000
Plaintiff Kevin Fox was falsely arrested for his young daughter's murder. Zellner persuaded the State's Attorney to allow a private lab to test "inconclusive" saliva samples which excluded Kevin Fox with 100% certainty. Zellner successfully filed a civil rights case six weeks after Keven Fox's incarceration, and before the DNA exoneration, that survived all motions to dismiss. The jury awarded a verdict of $15.5 million. This verdict was reduced on appeal to $8.1 million but is still the highest of its kind per months of incarceration.
$13,048,000
A suicide after hospital refused to admit. This case was rejected by three other law firms before Zellner's firm was retained. Award is the highest verdict in the nation for medical malpractice suicide (prior high $5,000,000). Award was reduced 50% to 6,524,000.
$11,004,000
Plaintiff Ryan Ferguson won a record civil rights verdict after being wrongfully convicted and spending almost 10 years in prison.
$9,000,000
Plaintiff Ray Spencer spent 20 years in prison when defendant police officers fabricated evidence against him to frame him for the sexual molestation of his two biological children and one stepchild. Zellner successfully presented evidence that police reports that went back 30 years were fabricated. At $9 million, this is the highest civil rights verdict in the State of Washington and the highest civil rights verdict involving an Alford plea in the United States. A JNOV was entered after the post-trial motions. The case is currently on appeal in the Ninth Circuit Court of Appeals.
$ 7,750,000
Kathleen Zellner settled Jerry Hobbs civil rights case for $7,750,000.00. Mr. Hobbs was incarcerated for 66 months. The largest civil rights settlement to date in Lake County. This is the largest pre-trial detainee settlement in the United States and in Illinois.
$4,250,000
Settlement (Cook County). The city of Chicago paid this settlement on behalf of two police officers who failed to respond in a timely manner to four 911 calls. The decedent was murdered by her husband before the police arrived. James Montgomery and Richard Mallen were co-counsels with Ms. Zellner.
$3,000,000
No Suit Filed. (Du Page Co.) Aug. 2002, male 25-week preemie was transferred to the University of Chicago Hospital. Allegedly, the infant had a 25% chance of having normal vision, with proper care of his retinopathy of prematurity, which was lost after treatment delays allowed the condition to progress. Baby is now totally blind. U of C is self-insured.
$3,000,000
A Cook County jury awarded a 3-year-old $3 million dollars for a brachial plexus injury that occurred at birth resulting in partial paralysis of her right hand and arm.
$2,430,979
Lawsuit charged that 3-week old patient suffered cardiac arrest in the E/R after erroneously receiving an injection of a cardiotoxic chemotherapy drug while being treated for an infection on March 5, 1996. Profound damage resulted. Paid by self-insured Cook County Hospital. This case was tried to a verdict in March 2000, plaintiff prevailed on appeal. Settlement represents the verdict amount plus $329,550 in accrued interest, during the appeal. At the time this was the highest verdict for a drug substitution error.
$2,370,000
This settlement resulted from a suicide of a 46-year-old male who was allegedly prematurely released from a Chicago hospital.
$2,290,000
Plaintiff, a 36-year-old female, died along with her unborn child when defendants failed to diagnose her placenta abruptio at 28 weeks of pregnancy.
$2,200,000
This verdict was the largest sexual assault verdict in Illinois at the time. The victim was raped at work in the Chicago Bar Association Building which was managed by a management corporation. Ms. Zellner subpoenaed the rapist from prison to testify on plaintiff's behalf.
$2,101,429
A three-week-old baby girl sufferred brain damage after doctors prescribed the wrong medication when the girl was brought
to the hospital with a fever.
$2,000,000
This verdict was the largest civil rights verdict in Illinois at the time for a prisoner injury. The prisoner lost his left eye as a result of the "deliberate indifference" of the physician in referring him to an ophthalmologist to reattach the prisoner's retina. The jury awarded $1 million dollars in compensatory damages and $1 million dollars in punitive damages.
$2,000,000
A former fast-food restaurant employee with a long criminal record (including rape and an overturned quadruple murder conviction) fatally stabbed plaintiff, a 45-year-old female, during an armed robbery attempt.
$1,500,000
Plaintiff claimed that at age 14 he was coerced into confessing to a 1986 murder after police were given his name by a codefendant who bargained for a lighter sentence. He was imprisoned 15 years before DNA evidence cleared him. Paid by City of Chicago.
$1,400,000
Verdict against obstetrician for the negligent infliction of emotional distress to mother during the delivery of her fifth child. This is a record verdict in Illinois for infliction of emotional distress by a doctor.
$1,000,000
Decedent, a 26 year old with Stage IIIA cervical cancer, was improperly diagnosed with the HPV virus at a federal clinic. She died IO months later in Stage IIIB.
$1,000,000
A settlement with the City of Chicago for an excessive force case that resulted in the death of the Plaintiff.
$1,000,000
No Suit Filed (Du Page Co.). M-73 died after an artery was cut during his splenectomy. Paid ISMIE $500,000 each for two doctors.
$1,000,000
Nov. 9, 1992, two physicians failed to treat plaintiffs cervical cancer when it was first diagnosed in Stage I, and allowed a three year lapse until the dis1:ase progressed to Stage: IV ($150,000 medical). Plaintiff, F-36, now has a life expectancy of 18 months. Paid: $500,000 by each physician.
$1,000,000
A newborn male child died at one day old after defendants failed to perform a necessary C-section during labor/delivery.
$950,000
Death of a 73 year old from colon cancer. Defendant doctor delayed diagnosis for six months.
$950,000
No Suit Filed. Death of a 51 year old who had bone cancer that was mistakenly diagnosed by an orthopedic surgeon as a hip problem requiring hip replacement surgery.
$925,000
No Suit Filed. Plaintiff alleged that on April 11, 2000, defendant failed to perform a timely C-section despite repetitive and severe fetal heart rate decelerations--negligently permitting mother's labor to continue for 3-1/2 hours resulting in brain damage.
$900,000
Estate alleged that defendant failed to properly treat patient's testicular cancer (chemotherapy underdosed), leading to his death July 28, 1999 at age 41. Paid ISMIE.
$900,000
A 51-year-old male died of hip osteosarcoma after defendant doctor failed to diagnose.
$900,000
Feb 10, 1992 newborn female sustained erb's palsy from allegedly improper vaginal delivery after mother was in labor with footling breech presentation ($58,000 med.). Suit charges defendants failed to perform C-section. Paid by hospital for defendant doctors.
$810,000
Plaintiff: a 58-year-old female, lost her left leg after defendant doctor negligently performed a femoral popliteal bypass when she only needed axillofemoral bypass.
$800,000
No Suit Filed. Below knee amputation of 63 year old. Failure to diagnose blood clot.
$750,000
Minor plaintiff sustained a brachial plexus injury at birth. He has some movement in his shoulder, arm and three of his fingers.
$700,000
Defendant doctor failed to take plaintiff, a 42-year-old female, into surgery when plaintiff started bleeding after giving birth. This resulted in moderate brain damage.
$680,000
No Suit Filed. Wrongful death case involving death of an 8 year old with asthma.
$600,000
No Suit Filed. Sexual assault of 12 year old Downs Syndrome male by school bus driver.
$600,000
Plaintiff: a 12-year-old male, died of infection one month after defendants performed a Ross-Konno procedure to correct congential heart defects, when plaintiff had only consented to a Ross procedure.
$600,000
12-year-old child died of infection after defendant doctor performed a Ross-Konno procedure, when the child's mother only consented to a Ross procedure.
$550,000
Defendant failed to diagnose pre-eclampsia of F-27 resulting in stillbirth of male fetus on Oct. 10, 1991. Mother was discharged from the hospital by nurse on Oct. 7, 1991 without being examined by a physician. The doctor failed to diagnose distress from the fetal monitor strip. Paid: $200,000 by insurance company for hospital; $350,000 by Insurance for doctor.
$525,000
Plaintiff, a 51-year-old male, suffered heart damage when a Chicago ambulance took him to the closest hospital instead of to Northwestern Hospital, where he could have received a cardiac catheterization.
$525,000
December 20, 1999 homeless 32-year-old male died of a severe nosebleed when a psuedoaneurysm of his left carotid artery ruptured while he was a patient at an Illinois Hospital. The pseudoaneurysm of his left carotid artery had been caused by a stab wound to the eye suffered one week earlier during a dispute with his girlfriend, but had not been detected during the patient's initial hospitalization and eye removal surgery. He had returned to the hospital after suffering a series of nosebleeds. Embolization was planned, but had not been done because certain tests were incomplete ($12,000 medl. expense).
$500,000
Allegedly, two month delay in diagnosis of tuberculous meningitis left 6-month old male with mild speech impairment ($6,223 medl. expense). Paid by self-insured Loyola University Medical Center.
$500,000
Estate charges that defendant negligently failed to perform an appropriate cardiac work-up on a 51-year-old female after she was presented to ambulatory care center. Consequently, her impending myocardial infarction went undetected, and resulted in her death. Paid CNA.
$500,000
No Suit Filed. Dec. 19, 2000 59-year-old female patient struck her head when she slipped/fell on the bathroom floor. While being taken for x-rays, she fell off the gurney, again striking her head. Patient lapsed into a coma and died 2 weeks later due to a subdural hematoma ($30,000 medl. expense; no LT claimed ). Hospital and Rehabilitation Institute each contributed $250,000 to the settlement.
$500,000
Dec 16, 1991, female newborn died two hours after birth from syphilis. Baby's mother was diagnosed with syphilis during pregnancy. Defendant physician, however, failed to inform and treat mother for the disease.
$500,000
No Suit Filed. (Du Page Co.). April 23, 1994, defendant physician delivered twins born at 30 weeks gestation. One twin was stillborn, and plaintiff, the surviving twin, suffered brain damage and cerebral palsy ($175,000 medical) allegedly from hypoxic ischemic encephalopathy. Plaintiff alleged that a more timely delivery would have resulted in no brain injury, and that physician failed to diagnose a twin pregnancy and manage mother accordingly. Defendant claimed brain damage was due entirely to prematurity.
$500,000
Death of 7 month old male of pneumonitis. Pediatrician misdiagnosed condition of interstitial pneumonitis as the flu. Baby was in pediatrician's office 4 days before his death. As baby's condition worsened, mother called pediatritian's office requesting to take infant to hospital. Mother was advised by nursing staff of doctor's office to wait until prescribed antibiotics took effect. Mother discovered infant in his crib on Saturday afternoon, April 14, 1995. He had already expired.
$500,000
Brachial plexus injury. Physician denied that there was a shoulder dystocia even though pediatrician described dystocia.
$450,000
Decedent, a 5 month old, was released after 6 hours in hospital emergency room. Child succumbed to respiratory complications. The defense contended that this was a SIDS death.
$425,000
An inmate deliberate indifference medical malpractice case for partial loss of vision in one eye.
$400,000
Settlement against the City of Chicago for excessive force.
$300,000
Plaintiff, a minor, suffered a brachial plexus injury after defendant doctor delivered her vaginally when she should have been delivered via C-section.
$250,000
Plaintiff had an extra disc which resulted in her surgeon operating at the wrong level, creating a need for a second surgery.
$250,000
A 31-year-old female died of cervical cancer after defendant doctor failed to perform a biopsy despite abnormal pap smears.
$225,000
Plaintiff, a 12-year-old girl, was sexually molested by her uncle over a two-year period beginning in 1995 ($5,000 medical). Paid by uninsured defendant.
$200,000
Plaintiff was dropped on floor at hospital after c-section delivery. Fall aggravated pre-existing condition of cervical spondylosis necessitating a laminectomy.