Results

Noteworthy and Significant Verdicts and Settlements

During his legal career, Mr. Fredkin has tried to verdict over 200 jury and court trials. These cases have ranged from simple automobile cases to complicated trust contests, medical malpractice claims, and elder abuse trials.

In addition, Mr. Fredkin has successfully handled several challenging business litigation cases through trial and arbitration including claims for fraud, negligent supervision of employees, and breach of contract.

Medical Malpractice and Products Liability Cases

• $20,000,000 in arbitration awards and settlements for over 100 victims of the Dalkon Shield IUD who suffered infections, infertility, and surgeries due to this defective and negligently designed product made by A.H. Robins.
• $2.3 million recovery against a general surgeon due to the surgeon’s negligent surgery resulting in an amputated leg.
• $750,000 settlement for child suffering brachial plexus injury during her negligent delivery by obstetrician.
• $1,500,000 recovered against a surgeon in Santa Cruz due to his failure to properly monitor a mother and wife after gallbladder surgery ending in her death 10 days after the surgery.
• $1,350,000 settlement to mother against manufacturer of IUD for unwanted pregnancy of child born with Down Syndrome.
• $350,000 jury trial verdict against surgeon due to negligence in performing surgery when the decedent was still taking Plavix, and which resulted in uncontrollable bleeding and death.
• $475,000 recovered for 33-year-old female against both an orthopedic surgeon and vascular surgeon for negligent performance and post-operative monitoring of a right tibial osteotomy and injury to her popliteal artery resulting in compartment syndrome and dropped foot.
• Death of husband due to the pathologist’s misdiagnosis of melanoma resulting in death, and high confidential six figure settlement after the opening statements were completed during a jury trial in Monterey County.
• ourt trial ending in a verdict of $250,000 for lady against surgeon who negligently severed her common bile duct during surgery.
• Medical malpractice trial by veterinarian against orthopedic surgeon in Santa Clara County due to negligent performance of meniscal repairs resulting in placement of artificial knee.
• $500,000 recovered against a plastic surgeon who negligently treated a young girl for burns resulting in the unnecessary and excessive removal of her scalp resulting in permanent loss of hair.
• Excessive and unwarranted number of nasal procedures ending with a deformed bridge, and a settlement of $350,000 against an ear, nose, and throat specialist.
• Failure of hospital to promptly and accurately diagnose a spinal condition known as cauda equina syndrome resulting in permanent nerve injuries, and loss of ability to control bladder ending with a settlement of $250,000.
• Cardiologist negligently prescribed amiodarone resulting in death of 78-year-old male, and high six figure settlement during trial.
• Medical malpractice jury trial against gynecologist in Santa Barbara County due to negligent placement of a transvaginal mesh which was settled during the trial.
• Wrongful death claim against surgeon in Los Angeles County due to the negligent performance of laparoscopic surgery with Plavix on board resulting in his death and confidential six figure settlement.
• Plastic surgery malpractice claim against famous Beverly Hills plastic surgeon due to lack of informed consent and fraud when he performed breast revision surgery ending with a settlement of $235,000.
• Elder abuse claims against doctor and skilled nursing facility for negligently prescribing an excessive and unwarranted amount of fentanyl for an 89-year-old female suffering from dementia and without any indication for this drug resulting in her death, and a confidential high six figure settlement during trial.
• $200,000 Court trial judgment for woman where the defendant surgeon negligently severed the common bile duct during gallbladder surgery, denied responsibility, and refused to settle this case.
• Wrongful death claim against surgeon in Los Angeles County due to negligent performance of laparoscopic gall bladder surgery with Plavix on board resulting in confidential six figure settlement.
• Medical malpractice claims against well regarded and esteemed plastic surgeon in Beverly Hills for disfiguring breast surgery based upon lack of informed consent and fraud resulting in confidential settlement in the amount of $235,000.
• Medical malpractice case against orthopedic surgeon in Santa Clara County for negligent medial meniscus surgery resulting in a prosthetic knee and tried to jury verdict.
• Medical malpractice jury trial against gynecologist in Santa Barbara County due to negligent placement of transvaginal mesh.
• $500,000 recovery for 90-year-old male against skilled nursing facility who developed severe bed sores due to his negligent care.
• Significant settlement for a 66-year-old woman against a prominent heart surgeon in San Mateo County who negligently failed to monitor a radial artery line in her left-hand following bypass heart surgery which resulted in lack of adequate blood blow, and loss of half of her hand. [It is important to note that this case had been rejected by three other law firms prior to the retention of Mr. Fredkin.]
• Hand surgeon in Salinas negligently performed hand surgery on young butcher resulting in a permanently injured fingers and a confidential high six figure settlement prior to jury trial.
• Elderly man died in the hospital following a carotid endarterectomy where the vascular surgeon failed to identify the bleeding of the affected artery ending with his death. This case settled prior to trial.
• Negligently performed weight loss surgery causing the death of 62-year-old woman who was not an appropriate candidate for this surgery ending with a confidential six figure settlement prior to commencement of trial in Fresno County Superior Court.

Recent Semi Truck / Tractor Trailer Cases

• $1,000,000 settlement against tractor repair company for fraudulent and negligent repairs resulting in traumatic brain injuries when backhoe operated by husband accidentally struck his wife.
• $2,000,000 settlement against dairy truck company for death of father where the CHP erroneously concluded that the decedent-father who was killed by the tractor trailer caused the accident, but accident engineers later retained by Fredkin Law Firm determined the truck driver was at fault not the decedent which resulted in this substantial settlement.
• $900,000 settlement for wife of decedent driver against Werner Trucking Company who was initially, and erroneously determined by the CHP to be the cause of the accident due to his excessive blood alcohol level of .34. However, Fredkin Law Firm, the fourth firm retained by the family, had the decedent’s blood alcohol retested which showed the blood alcohol level was 0.00. With the services of an accident reconstruction expert, and trucking expert, the wife was able to prove the semi-truck driver caused the accident, and this case settled for $900,000 in Federal Court in San Francisco.
• $750,000 recovered by passenger in truck where her truck was hit by a commercial tractor trailer, and the CHP initially and erroneously concluded the accident was the fault of her truck driver not the commercial truck driver. Since the plaintiff could not recall the accident, and her driver was killed, Fredkin Law Firm retained an accident reconstruction engineer who investigated this case and determined that the accident was the fault of the tractor trailer which crossed in front of the decedent’s truck causing the injuries to plaintiff. This resulted in the settlement of $750,000 in a case that appeared to have no liability for the commercial trucking company.
• Unlicensed driver injured by commercial truck crossing in his lane, who claimed the unlicensed driver was at fault, and which resulted in $375,000 settlement in Fresno County.
• $550,000 recovered for young boy hit by Schwan’s commercial truck in Merced County where the CHP report indicated the boy negligently drove his bike in front of the truck, and the truck driver was not able to see the boy. Following the retention of expert witnesses hired by Fredkin Law Firm, and examination of the actual truck, the experts determined the truck driver was able to see the boy, and negligently hit the boy resulting in this successful settlement.
• $700,000 recovered by a young truck driver who was hit by a tractor trailer while standing on the shoulder of highway 280 in San Jose when the tractor trailer defendant lost control of his trailer and it hit my client who was thrown 15 feet in the air down into an embankment resulting in a traumatic brain injury, and facial scars.

Trust and Will Contests

• $500,000 recovered during trial of will contest in Monterey County where the contestant pled guilty prior to the trial to elder abuse of the decedent. Despite these damaging facts, the decedent had disputed dementia which precluded his testamentary capacity. Prior to trial the beneficiary of the disputed will, Carmel Community Foundation, offered contestant nothing. During the trial the evidence disclosed that the attorney who drafted the disputed will had the treating physician for the decedent attempt to throw out his report showing the decedent suffered from dementia which was later uncovered during trial preparation.
• $650,000 recovered for granddaughter of decedent who gave her entire estate to the Catholic Church when she was reporting delusional beliefs about her family and her health which negated her testamentary capacity.
• St. Jude Children’s Hospital sued for recovery of $2.4 million dollar estate when decedent/grandmother had delusions that her granddaughters were stealing her assets and threatening to kill her which ended up in a two-week court trial in Napa County Superior Court in 2019.

General Negligence Claims

Stephen Fredkin has handled hundreds of vehicle accident claims, and several slip and fall cases which were either settled or successfully tried before a jury in most instances. Among the most notable general negligence cases which were tried, and won are the following:

• $20,000,000 in arbitration awards and settlements for over 100 victims of the Dalkon Shield IUD who suffered infections, infertility, and surgeries due to this defective and negligently designed product made by A.H. Robins.
• Successfully defended a 76-year retired airline male pilot who was accused of sexually transmitting herpes to a woman whom he was dating, and who was demanding payment of $2,000,000 for her damages. This case was settled for only $150,000.
• $350,000 recovered for a woman against the Pebble Beach Corporation who tripped and fell on an elevated and uneven brick sidewalk at the Lodge at Pebble Beach which required hip surgery.
• $185,000 jury trial verdict in Monterey County where steel worker slipped and fell at unsafe construction site and was only offered $30,000 prior to trial for soft tissue injuries sustained during the fall.
• $375,000 recovered by young boy who was attacked by a chained-up dog while visiting a friend.
• Two separate jury trials against State Farm where State Farm offered $1,500 and $2,500 for soft tissue neck injuries which resulted in two separate jury verdicts of $17,500 and $22,000 respectively.
• $235,000 recovered by young 11-year-old boy who was burned in his second story bedroom in a rented house due to the negligent failure of the landlord to properly place the fire alarm near the top of the ceiling which if placed properly would have altered the family to the fire, and the boy would not have suffered third degree burns.
• $500,000 recovered by a three-year-old girl who was severely burned when her family was eating at a Chinese restaurant, and the waitress placed a tea pot on a lazy Susan which contained excessively hot and dangerous hot water which slid off the lazy Susan and burned her requiring multiple surgeries at the burn center in Santa Clara Valley Hospital.
• $1,000,000 claim brought by Save Mart Supermarkets against a pallet company from Salinas successfully defended by Fredkin Law Firm during a three-week jury trial in Merced County Superior Court in which Save Mart claimed the pallet company’s employee stole $1,000,000 in pallets over a three-year period, and the pallet company was responsible for this theft since it negligently supervised this employee. After three weeks of a jury trial, and on the day before closing arguments, Save Mart dismissed the pallet company from its case without requiring any payment of any money or costs. This was a total victory.

Business Disputes and Litigation

• Pierced the corporate veil of three related corporations during Court Trial in Santa Barbara County Superior Court on behalf of large container corporation and obtained a court judgment of $350,000 when the defendant offered nothing.
• Recovered $750,000 for a pallet company from Monterey County against Peco Pallet, a national pallet company, following a 5-day binding arbitration in San Francisco when Peco Pallet was seeking damages against my client in the amount of $2,000,000 for fraudulent billing practices, and negligent repairs. The arbitration panel of three judges ruled awarded in favor of my client, and awarded nothing to Peco Pallet.
• Successfully defended small corporation in Monterey County from unwarranted claims of sexual harassment in San Bernardino County Superior Court and paid the alleged victim $15,000 following an initial demand of high six figures.

Honors

Stephen Fredkin was selected by several attorneys to conduct a court trial in Richmond Virginia in Federal Court to remove three of the initial five selected trustees handling the 2.5 billion Dalkon Shield Trust Fund. After a weeklong Court trial before Federal Judge Robert Merhige, the Court removed three of the trustees based upon their conduct and failure to move ahead with timely distribution of the trust fund to the victims of the IUD.