Results
OVER $100 MILLION RECOVERED FOR OUR CLIENTS
Marshall P. Whalley & Associates’ outstanding record of verdicts and settlements reveals what clients want and need to know about their representation before they hire counsel. Attorney Whalley has successfully represented thousands recovering well over $100 million dollars for injury victims and their families. Because most firms are not equipped to challenge powerful insurance companies, more injury victims are looking to Marshall P. Whalley & Associates for strong representation. Please take the time to review just a few of our results below. As our clients require strict confidentiality, all reported cases will not have the parties’ names.
Choose a leading Indiana personal injury lawyer to litigate your injury case
Marshall P. Whalley & Associates, PC has an impressive track record in high-stakes personal injury litigation. To learn more about how our firm gets consistently excellent results, talk to one of our skilled attorneys free of charge. Call us toll-free at 1.855.442.7211 or contact us online to schedule a conference or appointment.
Brain Damaged Baby – $15 Million Recovery
Attorney Whalley’s research on a Florida Medical Malpractice case proved that a labor induction drug caused fetal distress leading to a lifelong condition of Cerebral Palsy requiring 24/7 care of the neonate. Settlement proceeds were used to provide necessary care to both the neonate and the mother who also suffered damages due to the malpractice. One of the largest recoveries to date.
Brain Damaged Baby – $12 Million Recovery
Attorney Whalley’s research, again, proved instrument in a Florida Medical Malpractice case where the neonate sustained permanent brain damage due to patient neglect. Again, the proceeds were used to provide specialized care and treatment to the baby. Again, one of the largest recoveries to date.
Hundreds of Insurance Limits Cases
Everything from semi cases, slip and fall, car crash, dog bites or nearly every type of Personal Injury Claim.
Mesothelioma—over 30 recoveries
Attorney Whalley has recovered dozens of recoveries from asbestos manufacturers and distributors with a 100% success rate.
Beta Steel Plant Explosion—Largest Settlement
In 1996 there was an explosion at the Beta Steel plant. A large steel pressure vessel exploded killing three men, injuring ten others, and destroying a building the size of a football field. Mr. Whalley represented several of those injured, the wife and children of one of the men killed, as well as another man injured in the blast that rocked the county. The tank that exploded had been manufactured in Europe at standards below the acceptable standard under United States law. After being used in a European steel mill, it was brought to Indiana. Installation of such a tank was in direct violation of Indiana law. The tank began leaking and was repaired with a welded patch that was in violation of pressure vessel repair practices. To make matters worse, the leaking pressure vessel was often operated at pressures well above its rated capacity. After significant pretrial discovery, a court-ordered consolidated mediation was held at Valparaiso University with lawyers and insurance representatives from two continents. Mr. Whalley was honored to be asked to do the mediation presentation for all of those injured and killed in this horrific explosion. He negotiated longer than the attorneys for the other victims, ensuring that his clients received the largest settlement of all those hurt or killed..
Explosion—$7 Million
$7 million products liability settlement for a woman who survived a house explosion due to leaking natural gas from an old flexible brass appliance connector hose. The woman sustained substantial burns and had numerous grafting procedures and partial amputations of several fingers. In this complex case involving a dangerous defective flexible brass connector manufactured in the 1960s, Mr. Whalley hired numerous experts from around the country, including 2 fire cause and origin experts, 2 experts on gas connectors, a metallurgist who did extensive testing on the defective connector, a gas engineer, a vocational rehabilitation expert, life care planner, and economist. In this unusual case, the defendant was the natural gas provider who had received specific warnings from the Consumer Product Safety Commission of the dangers posed by these connectors and failed to pass these warnings on to their consumers. Mr. Whalley’s investigation into this case led to discovery of several other similar explosions from these dangerous connectors. This settlement has provided a fund for the injured woman to obtain specialized medical care and treatment and adaptive living that otherwise would not have been possible.
Failure to Yield—$6.8 Million
$6.8 million auto crash settlement for a man with multiple injuries, including loss of vision in one eye, numerous fractures, and mild traumatic brain injury sustained after being ejected from his car when t-boned by a driver distracted on a cell phone. Mr. Whalley utilized an accident reconstructionist, a vocational rehabilitation expert, a neuropsychologist, psychiatrist, psychologist, life care planner, and an economist to adequately present and argue for proper damages in the circumstances, and was able to settle the case in a very short time frame. The client is using his settlement proceeds to live on and support his wife and children as he is no longer able to return to his profession.
Liquid Nitrogen Burns—$5 Million
$5 million products liability settlement for man receiving significant cryogenic burns as a result of being exposed to liquid nitrogen while filling a pressure vessel at a power company. A combination of a dangerous set up and a poorly designed safety relief valve discharge configuration allowed the errant liquid nitrogen to spray on the operator when it prematurely discharged. The settlement came after almost ten years of litigation with over 100 depositions being taken all over the nation. Mr. Whalley employed a top expert in cryogenics and orchestrated a reenactment of the nitrogen discharge. He also utilized ten other top experts from several states to illustrate liability and damages. The settlement proceeds were utilized to provide specialized medical care and treatment, adaptive living arrangements, and funds to support the victim and his family.
Wrongful Death of Good Samaritan—$5 million
This tragic case involved a good samaritan who stopped on the highway to try to rescue the driver of a semi that had crashed and was on fire. As the man approached the semi it exploded severely burning him. He later died of complications from the burns. As it turned out the driver of the smashed semi was already out of the cab.
Compartment Syndrome Medical Malpractice—$4 Million
In this medical malpractice claim against a large prominent Chicago Hospital, the doctors and nurses failed to promptly recognize and respond to signs of excessive lower leg swelling which caused what is termed an “acute compartment syndrome.” An acute compartment syndrome occurs when the tissue pressure within a closed muscle component (here the calf) results in the necrosis of muscle and nerve tissue. The malpractice necessitated several remedial procedures and substantial loss of lower limb function. The proceeds of the settlement allowed the patient to obtain additional medical care and treatment.
Slip & Fall—$4 million
Marshall P. Whalley & Associates is pleased to announce a $4 million dollar settlement ($4.9 million with annuity benefits) for a single mother who suffered a tibia fracture and patellar tendon rupture over a tibial rod that had been placed to correct a leg length discrepancy from childhood polio. The client had been working at a local church when she fell on wet floor sealer being applied by a subcontractor who was replacing damaged carpet. The entire fall was captured on the surveillance footage.
After three surgeries and progressive complications, she required a KAFO brace which gave rise to myriad issues, and ultimately led to her being totally disabled. We retained an orthopedist, neuropsychologist, physiatrist, life care planner, economist, and a premises expert to prepare detailed reports on Plaintiff’s total economic and non-economic losses. In addition, we were able to secure crucial testimony from the general contractor as well as an employee of the subcontractor that helped the client reach obtain one of the largest slip and fall settlements in the state of Indiana.
Medical Malpractice—$4 million
Doctors at a prominent Chicago hospital failed to timely recognize signs of a Compartment Syndrome that left the patient with little use of the affected leg.
Birth Injury—$3 Million
$3 million medical malpractice settlement for a minor who suffered birth trauma with resultant significant disabilities due to unrecognized fetal distress in utero. Due to numerous errors on the doctor’s part, an ascending intrauterine infection was overlooked and then not treated properly which eventually gave rise to premature labor and delivery at birth. The neonate had very poor apgar scores and was suffering from Hyaline Membrane Disease and secondary respiratory depression. Shortly after delivery, he was transferred to the University of Chicago and was expected to die. However, the baby had a miraculous recovery and was eventually discharged. He now is in school, with special education classes, and loves basketball. His settlement proceeds allowed him to have the best supportive care and education in order to optimize his quality of life.
Product Liability—$2.3 million
In a case that was turned down by four other prominent law firms Attorney Whalley proved that a defective ignition switch led to the death of a single mother who had fallen asleep at the wheel and crashed into a telephone pole. Attorney Whalley employed seven top experts in their fields to prove up this complex case. The settlement proceeds were utilized to care for the woman’s minor child.
Semi Kills Pedestrian—$2 million
A semi ran over and killed a pedestrian while speeding through a poorly lit truck stop. Attorney Whalley sued the driver and the truck stop. With the help of an accident reconstructionist, a video expert and numerous other renowned experts an animation was done recreating the crash that proved the Defendant was driving recklessly. The settlement proceeds helped offset lost income and put the widow’s son through college.
Truck Stop Fatality—$2 Million
A semi speeding through a poorly lit truck stop on a rainy night ran over and killed another truck driver walking across the parking lot to get a cup of coffee. Surveillance video allowed a forensic videographer and crash reconstructionist to do an animated reconstruction proving the negligent semi-driver blatantly lied as to his speed and sequence of events. A Human Factors expert and parking lot design and an illumination expert were hired and showed how the truck stops poor lighting and maintenance contributed to this fatality. The settlement proceeds have provided for the widow and allowed decedent’s only son to go to college.
Car Crash—$1.65 million
A woman in Pennsylvania sustained multiple internal injuries when a drunk driver crashed the car she was in. Attorney Whalley filed suit in Florida due to the state having better jury verdicts. Her settlement allowed her to get a much needed surgery and replaced lost income.
Fall at Apartment—$1.5 Million
A woman going down stairs to her apartment fell and hit her head and back when a concrete step collapsed. Unable to work, she was evicted and sued by the negligent complex when she could not pay her rent. The fall triggered a recurrence of seizures that she did not have since childhood. After extensive investigation, Marshall P. Whalley & Associates proved the complex knew of this hazard; elected not to replace defective steps; and that there were several other similar incidents. Mr. Whalley hired an expert in concrete analysis, neurologists, neuropsychologist, life care planner and an economist to prove up liability and damages. The recovery is being used to supplement lost income, proper housing and needed care.
Child Drowning Fatality—1.5 Million
A 12 year old boy drowned in a small lake at a classmate’s birthday party. Two adults were supervising a swim party with 30 pre-teens on canoes, a swim raft, paddle boats and a slip and slide. The evidence suggested one parent was drinking. Mr. Whalley hired experts in aquatic safety, and forensic videography to obtain the settlement that was unfortunately limited by the available insurance. A portion of the proceeds was to be designated for a memorial in honor of the lost boy.
Unnecessary Hysterectomy—Statutory Maximum Damages
A 20 year old woman looking forward to having a family with her husband. Underwent what she thought was a routine benign laproscopic procedure to evaluate suspected endometriosis. When she awoke from the anesthesia the gynecologist had performed a complete hysterectomy on her, leaving her barren. Her doctor told her it was necessary due to the findings. However an examination of the pathology report showed no abnormalities. Mr. Whalley obtained the statutory maximum Indiana recovery, which did not begin to compensate for the family’s horrible loss. This is yet another example of the injustice of Indiana Medical Malpractice cap on damages.
Child Drowning Fatality—1.5 Million
A 12 year old boy drowned in a small lake at a classmate’s birthday party. Two adults were supervising a swim party with 30 pre-teens on canoes, a swim raft, paddle boats and a slip and slide. The evidence suggested one parent was drinking. Mr. Whalley hired experts in aquatic safety, and forensic videography to obtain the settlement that was unfortunately limited by the available insurance. A portion of the proceeds was to be designated for a memorial in honor of the lost boy.
Trip & Fall—$1.35 million
A mechanic tripped over a raised door-stop causing permanent injury to his neck. His monetary recovery has allowed him to get proper medical care and supplement lost income.
Woman Overprescribed Medication—$1.25 Million
$1.25 million medical malpractice settlement, the statutory maximum, to a woman who was required to be on dialysis and would eventually require a kidney transplant due to the negligence of her doctor in overprescribing N.S.A.I.D. anti- inflammatory medications over an extended period of time. Since this case, the manufacturers of ibuprofen now have more clear and restrictive warnings on their extended use.
Rear End Crash—$1.25 Million
$1.25 million auto crash settlement for a woman who was rear-ended at a light by a driver distracted by a lost water bottle. As a result of her injuries, the injured woman had to have two back surgeries and was unable to continue her work. Mr. Whalley utilized an orthopedic spine surgeon, a vocational rehabilitation expert, a life care planner, and an economist to argue for a proper settlement. Mr. Whalley then referred her to a world class spine specialist who was able to alleviate some of her ongoing pain to allow her a better quality of life.
Chemical Burns—$1.15 Million
$1.15 million medical malpractice settlement awarded to a wheelchair bound woman for chemical burns she received to her dominant hand during a failed dialysis procedure. The extensive burns caused infection and required several lengthy and painful remedial procedures leaving her with little use of her dominant hand. While the resultant disability to her hand in and of itself was not devastating, in the setting of a woman who already had significant limitations, it was argued that this loss resulted in her dependence on others to attend to the activities of daily living (A.D.L.S.)
Medical Malpractice—$1.25 million
A young boy suffered brain damage due to an improper intubation. This settlement was limited by Indiana’s strict Medical Malpractice cap on damages.
Woman Bled Out At Dialysis—$1 Million
$1 million settlement for the wrongful death of a woman that bled to death during a dialysis procedure. At the time of her death, the woman had numerous significant medical problems and had a very short life expectancy. Under Indiana law, the Dependent Next of Kin (usually spouse or minor child) are allowed to recover for the loss of love and affection, for the decedent’s life expectancy. In this case, the Defendants hired experts who affirmed what her treating doctors said, that given her numerous serious medical conditions she had already lived beyond her life expectancy. Mr. Whalley countered these arguments by doing an in depth analysis of the love and times she shared with family and friends … even wheelchair bound with her numerous medical conditions. This, combined with an emphasis on the Defendants egregious malpractice, allowed this significant recovery in an otherwise most difficult case.
Semi Crash—$1 Million
$1 million auto crash settlement for a wrongful death of a woman whose car was crushed by a distracted semi driver. Recovery was limited by Indiana’s harsh law on wrongful death that requires the decedent to have a dependent next of kin in order to pursue the claim. In the instant case, the woman was divorced but had a child who was only going to be a minor for a number of months.
Fetus Death—$1 Million
$1 million medical malpractice settlement for the wrongful death of a near term fetus when the obstetrician and nurses failed to act upon fetal distress secondary to a concealed placental abruption. After Mr. Whalley took the depositions of all the doctors, the nurses and nurse educators involved, he hired a world class perinotologist, forensic pathologist, and a nursing educator with expertise in electronic fetal monitoring to demonstrate that the negligence of the hospital staff and obstetrician caused the unnecessary death of this mother’s first child. The settlement proceeds allowed her to get counseling and expert obstetrical care for her next pregnancy, which gave her a beautiful baby girl.
Aggravation Case—$1 million
Several months following a significant crash client had a prior leg/foot pain relapse causing her significant continued complaints. Despite her still being able to work the insurance company for the negligent driver realized that they could be held liable for future pain and suffering award and agreed to pay plaintiffs final demand of 1 million, despite their final offer of $400k.
Record Jury Verdict—$900,000
Shortly after being admitted to practice law, Mr. Whalley co-counseled a medical malpractice trial in Michigan City, Indiana that yielded a $900,000.00 verdict for a woman who suffered a nerve entrapment and sciatica from a wrongful injection of a corticosteroid. The verdict is thought to be a record in that court at that time. Following the verdict the case was appealed then favorably settled for the victim of the malpractice.
State Limit Jury Verdict—$500,000
In a 2000 medical malpractice trial, a jury awarded a woman $500,000.00, the maximum recovery possible under Indiana Law at that time. It was a case that had been in litigation for more than 10 years, and involved physician negligence in failing to properly treat Graves Disease, an autoimmune disorder that causes over-activity of the thyroid gland. One of the obvious symptoms is bulging eyeballs.
After the failure to properly treat her disease for months, the woman had to undergo a series 16 surgeries, which included breaking facial bones to release pressure from her optic nerves. She suffered periodic loss of sight and disfigurement. The jury found that if the victim had been given steroids in a timely manner, she would not have needed any surgeries. Ironically, Mr. Whalley’s client had previously been voted by her high school class of 650 as having the prettiest eyes.
Choose a leading Indiana personal injury lawyer to litigate your TBI case
Marshall P. Whalley & Associates, PC has an impressive track record in high-stakes personal injury litigation. To learn more about how our firm gets consistently excellent results, talk to one of our skilled attorneys free of charge. Call our office at (855) 442-7211 or contact us online to schedule an appointment.
