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CVN's Top 10 Most Impressive Plaintiff Verdicts of 2023

Posted by David Siegel on Jan 17, 2024 4:15:17 PM

Top 10 Plaintiff - Blog -1


2024 is off to a busy start for Courtroom View Network with gavel-to-gavel video coverage planned in state courts throughout the country of civil trials of news value to the legal, educational and business communities.

However before this year's trial dockets get into full swing, it's time to look back on 2023 and showcase our widely read annual list of the top 10 most impressive plaintiff verdicts that CVN covered over the last 12 months.

CVN is the only news organization dedicated to gavel-to-gavel video coverage of "real world" civil trials, and while some of the trials we covered made national headlines others would have slipped through the cracks without CVN's camera present despite being extremely newsworthy for the legal community CVN primarily serves.

These 10 trials, ranging from lengthy, complex product liability cases to more so-called "everyday" auto-negligence cases to medical malpractice cases and others all have one factor in common: top-tier trial attorneys representing both sides. CVN is the only resource available for the legal community to actually watch these pros in action without having to go through a metal detector and sit in court for hours at a time. 

To be clear, this is not just a ranking of the top 10 largest verdicts CVN captured in 2023 by dollar amount. Many of these plaintiff wins do feature massive awards, but we also considered the facts (and challenges) of the case, the parties and attorneys involved, and a verdict's potential broader impact to choose the top 10 most impressive plaintiff verdicts CVN covered last year. 

The list is also limited to trials CVN actually filmed gavel-to-gavel. We realize there were many other newsworthy plaintiff verdicts all over the country we didn't get to cover, which is why CVN always welcomes tips and suggestions from both plaintiff and defense attorneys as we work to expand the list of jurisdictions in which we're active. 

The 10 trials below make up just a tiny fraction of what CVN covered in 2023 and an even smaller slice of CVN's online trial video library - the only online video collection anywhere of civil jury trials. A monthly or annual no-contract subscription gives you unlimited access to all of these trials - including all witness testimony. Among the hundreds of trials in CVN's video library, make sure you check out out our top 10 plaintiff picks from years past, and stay tuned for our upcoming list of defense picks, too. 

Have a question about CVN, the trials we cover, or anything else? Drop us a line any time. Now on to the trials!

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#1 - James, et al. v. PacifiCorp (Portland, OR)

Liability finding in class action trial over wildfires tees up potentially $1 billion+ in damages 

Plaintiff attorneys: Cody Berne (pictured), Keith Ketterling, Timothy DeJong, Emily Johnson (Stoll Berne), Nicholas Rosinia, Amy Hausmann, Zoe Seaman-Grant, Landon Webster, Patrick Ntchobo, Rafey Balabanian, Brand Silver-Kom, Todd Logan (Edelson PC), Daniel Mnsher, Natida Sribhibhadh, Matthew Preusch, Yoona Park (Keller Rohrback), Derek Johnson, Marilyn Heiken (Johnson Johnson Lucas & Middleton PC) Nicholas Kahl (Nick Kahl LLC)

ORPunitive

Link to video of the full trial:

https://cvn.com/proceedings/james-et-al-v-pacificorp-et-al-trial-2023-04-24

Why it made the list:

An Oregon state court jury found electric utility PacifiCorp liable last June for wildfires that destroyed or damaged numerous properties, awarding over $87 million in compensatory and punitive damages to an initial group of class members and setting the stage for a series of “mini-bellwether” trials to determine damages for additional plaintiffs.

The Multnomah County jury found in favor of homeowners who suffered property damage from widespread fires over Labor Day in 2020, that they claim was caused by PacifiCorp’s alleged failure to deactivate its power lines ahead of a windstorm.

The damages could grow substantially beyond that. The case proceeded to trial as a class action, and the jury found the company liable for damage to nearly 2,500 other properties and a total class size estimated by plaintiff counsel to be roughly 5,000 individuals. Those damages could eventually exceed $1 billion, depending on the outcome of additional trials scheduled in 2024, one of which is currently being broadcast by CVN.

Read more via the CVN News Blog

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#2 - Dennis v. Monsanto (San Diego, CA)

Massive punitive damages award following series of defense wins could turn tide in Roundup herbicide litigation 

Plaintiff attorneys: Scott Love (pictured), Adam Peavy (Clark Love & Hutson), Paul Kiesel, Melanie Palmer (Kiesel Law LLP)

Dennis PL closings

Link to video of the full trial:

https://cvn.com/proceedings/mike-dennis-v-monsanto-company-trial-2023-09-15

Why it made the list:

Ever since the first trial over Monsanto’s “Roundup” herbicide took place in 2018, CVN has been the only news organization committed to gavel-to-gavel coverage of these complex, high-stakes cases.

After a series of initial plaintiff verdicts drew national headlines, Monsanto began securing repeated defense verdicts at Roundup cases in numerous jurisdictions - a number of which were filmed by CVN and are available in CVN’s trial video library. While this San Diego verdict was preceded by another 2023 plaintiff verdict in Missouri at a trial also covered by CVN, the California case marks the first time in years a jury returned a punitive award against Monsanto.

The San Diego County jury deliberated for four days in a trial that began in early October of last year. They awarded plaintiff Mike Dennis, who claimed he developed a form of non-Hodgkin lymphoma at the age of 51 due to exposure to Roundup, $7 million in compensatory damages and $325 million in punitive damages.

Read more via the CVN News Blog

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#3 - Valadez v. Johnson & Johnson (Oakland, CA)

Jury awards $18.8 million in first post-bankruptcy Johnson & Johnson cosmetic talc trial 

Plaintiff attorneys: Joseph Satterley (pictured), Denise Clancy (Kazan McClain Satterley & Greenwood)

Valadez closings

Link to video of the full trial:

https://cvn.com/proceedings/anthony-hernandez-valadez-v-johnson-johnson-trial-2023-04-17

Why it made the list:

A California state court jury awarded $18.8 million last June to a 24-year-old man alleging he developed cancer from exposure to asbestos in Johnson & Johnson’s talc-based baby powder, in the first trial since the company halted their talc-related litigation two years ago with a controversial bankruptcy filing.

The Alameda County jury agreed plaintiff Emory Hernandez Valadez developed mesothelioma - a form of cancer often associated with asbestos exposure - due to years of using popular products like Johnson’s Baby Powder that his attorneys argued were laced with asbestos.

The six-week trial marked the first time jurors decided a Johnson & Johnson talc case after J&J spun off their talc-related liability into a new subsidiary, LTL Management, and then had that entity file for bankruptcy in New Jersey where the company is headquartered.

Read more via the CVN News Blog

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#4 - Griepentrog v. Banner Health (Phoenix, AZ)

Jury returns largest medical malpractice award in Arizona history 

Plaintiff attorneys: Gary Dordick (pictured), Christopher Bulone (Dordick Law Corporation), Brian Snyder (Snyder & Wenner)

Dordick closings

Link to video of the full trial:

https://cvn.com/proceedings/griepentrog-v-banner-health-et-al-trial-2023-10-23

Why it made the list:

An Arizona state court jury awarded more than $31.5 million last November in a childbirth malpractice lawsuit that attorneys for the plaintiff describe as the largest in the state’s history.

Plaintiff Krystle Griepentrog accused defendant Banner Health of administering a medication that caused her son Greyson to suffer severe brain damage during his delivery.

Griepentrog’s attorneys argued medical staff at Banner-run University Medical Center repeatedly gave Krystle the drug Pitocin in 2014 to strengthen her contractions despite Greyson showing signs of oxygen deprivation that should have barred the use of the drug and called for an immediate c-section. They maintain the lack of oxygen caused Greyson to develop cerebral palsy.

Read more via the CVN News Blog

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#5 - Jones v. R.J. Reynolds (Boston, MA)

$200 million verdict - including punitive damages - awarded at trial over woman’s lung cancer death

Plaintiff attorneys: Walter Kelley (pictured), (Bernheim Kelley Battista LLC) Randy Rosenblum (Dolan Dobrinsky Rosenblum Bluestein LLP)

Jones closings

Link to video of the full trial:

https://cvn.com/proceedings/jones-v-rj-reynolds-et-al-trial-2023-09-11

Why it made the list:

In October a Boston jury handed down a $200 million verdict against R.J. Reynolds at trial over the cancer death of a Massachusetts woman who had claimed that free, sample cigarettes started her on the road to more than 50 years of smoking and nicotine addiction. 

The award includes $50 million in compensatory damages and $150 million in punitives for the 2018 lung cancer death of 70-year-old Rita Jones. The Massachusetts woman began smoking as a teenager in about 1964 and continued throughout much of the rest of her life, favoring “Newport” cigarettes originally made by Lorillard and now under the umbrella of R.J. Reynolds, Lorillard’s successor-in-interest. 

The verdict, reached after the Suffolk County (Massachusetts) Superior Court jury deliberated across three days, found Reynolds responsible for Lorillard’s conduct on design-defect, negligent distribution, and conspiracy claims. 

Read more via the CVN News Blog

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#6 - Strong Arm Productions USA, Inc., et al. v. Celsius Holdings, Inc., (Ft. Lauderdale, FL)

$82.6M verdict in rapper Flo Rida's breach of contract trial against energy drink maker

Plaintiff attorneys: John Uustal (pictured), Cristina Pierson (Kelley|Uustal)

Flo Rida closings

Link to video of the full trial:

https://cvn.com/proceedings/strong-arm-productions-usa-inc-et-al-v-celsius-holdings-inc-et-al-trial-2022-11-29

Why it made the list:

In January of 2023 a Florida state court jury found rapper Flo Rida entitled to more than $82.6 million in damages after concluding the maker of Celsius energy drinks breached an endorsement agreement with the entertainer. 

The 17th Circuit, Florida State Court jury, in Broward County, deliberated roughly six hours across two days before concluding that Celsius Holdings, Inc., breached a contract that required the company to issue stock shares to the rapper if sales benchmarks were achieved. The jury’s award is largely based on the number of shares it deemed Celsius owed Flo Rida under the contract’s terms, valued at roughly $110 a share.

Flo Rida, whose legal name is Tramar Dillard, is a multi-award-winning rapper known for hits such as “Low,” which topped the Billboard Hot 100 charts for 10 weeks in 2007. In 2014, Flo Rida entered an agreement with Celsius Holdings to endorse and promote the company’s energy drinks, including a variety of co-branded products. 

Read more via the CVN News Blog

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#7 - Dalal v. Brown Trucking Co. (Decatur, GA)

$16.6M+ verdict at trial over big rig crash that left Georgia man with TBI

Plaintiff attorneys: Michael Goldberg, Joseph Fried (pictured) (Fried Goldberg LLC), Karina Deochand, Romi Jayswal (Deochand & Jayswal)

Fried closings

Link to video of the full trial:

https://cvn.com/proceedings/dalal-v-brown-trucking-company-trial-2023-12-11

Why it made the list:

Last December a Georgia state court jury handed down a $16.66 million verdict against a trucking company and found it 60 percent responsible for the 2021 crash that left a Georgia man with a traumatic brain injury. 

The DeKalb County jury deliberated for roughly five hours before reaching its verdict for Avnish Dalal, injured in a collision he says was caused when Brown Trucking Company driver Evans Tshongwe braked his big rig to a stop on I-285 in Decatur while avoiding a van passing through his lane.

Dalal, then 21, was traveling behind the Brown Trucking big rig and another tractor-trailer when Tshongwe, with the aid of an auto-braking system, brought his truck to a stop. Dalal says he swerved to avoid Tshongwe’s vehicle, but clipped it, collided with yet another tractor-trailer, and then ultimately traveled under the Brown Trucking vehicle. 

The crash severely injured Dalal's arm and left him with a traumatic brain injury that causes a host of long-standing neurological issues. 

Read more via the CVN News Blog

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#8 - Taylor v. LA United School District (Van Nuys, CA)

LA jury awards $30M for murder of child by school employee, beating 75K settlement offer

Plaintiff attorneys: Steve Vartazarian (pictured), Matthew Whibley,  (The Vartazarian Law Firm), Daniel Desantis (Wilshire Law Firm)

Taylor closings

Link to video of the full trial:

https://cvn.com/proceedings/taylor-v-lausd-et-al-trial-2023-08-07

Why it made the list:

A California state court jury awarded $30 million last August to the mother of a six-year-old child who was beaten to death by a Los Angeles Unified School District employee.

The Los Angeles County jury returned their verdict shortly after hearing closing arguments in a trial that began August 7. Plaintiff Kenya Taylor sued LAUSD following the death of her son Dayvon in 2019. She accused LAUSD of negligently hiring Tyler D'Shaun Martin Brand, who killed Dayvon while babysitting him at her apartment.

Her lawsuit accused LAUSD of negligent hiring, alleging Brand had a checkered employment history and that he’d never have met Dayvon without supervising him at an after-school program. LAUSD maintained they should not be responsible for a murder that occurred on private property and outside of school hours, and that Brand had passed numerous background checks. 

Read more via the CVN News Blog

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#9 - Morami v. MGM Grand (Las Vegas, NV)

MGM hit with $21.7M verdict over electrocution from hotel iron leading to amputation

Plaintiff attorneys: Joseph Gutierrez (pictured), Jason Maier (Maier Gutierrez & Associates), Hank Hymanson (Hymanson & Hymanson)

MGM closings

Link to video of the full trial:

https://cvn.com/proceedings/nissim-morami-v-conair-corporation-trial-2023-10-09

Why it made the list:

A Nevada state court jury awarded $21.7 million last November to a man claiming his leg was amputated due to a severe electric shock he received from an iron in a hotel room

The Clark County jury returned their verdict in a trial that began with opening statements on October 25 and involved allegations from plaintiff Nissim Morami that the shock he received at the MGM Grand Las Vegas hotel in 2017 led to the amputation of his right leg, diminished function in his right arm and the development of a chronic condition called Complex Regional Pain Syndrome.

The breakdown of the award includes $2 million for past pain and suffering, $9 million for future pain and suffering, nearly $8 million for past and future medical expenses and nearly $2 million for loss of household services.

Read more via the CVN News Blog

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#10 - Hamby v. Glauser, et al. (West Palm Beach, FL)

$20.2M verdict in malpractice trial over patient's death after receiving opioids

Plaintiff attorneys: Deborah Gander (pictured), Daniel Harwin (Freedland Harwin Valori Gander)

Hamby closings

Link to video of the full trial

https://cvn.com/proceedings/hamby-v-glauser-et-al-trial-2023-08-28

Why it made the list:

Last September a Florida state court jury found a doctor responsible for a patient’s ultimately fatal respiratory collapse and awarded the man’s family more than $20 million. 

Palm Beach County jurors deliberated less than four hours before concluding Dr. Joshua Glauser was negligent in his treatment of Joshua Hamby for a May 2020 bout of pancreatitis at a South Florida hospital. Hamby, then 54, suffered a respiratory collapse and ultimately died after receiving multiple doses of Dilaudid, an opioid painkiller many times more powerful than morphine. 

The award award includes $9 million to Hamby’s widow and $11 million to his son.

Read more via the CVN News Blog 

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E-mail David Siegel at dsiegel@cvn.com

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Topics: tobacco, Florida, Georgia, California, product liability