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Significant Cases
The Law Offices of John D. Winer has handled some of the
most significant cases in the Bay Area and California. A number
of the cases have had national implications and have not only
resulted in large verdicts and settlements for clients, but also
have at times contributed to important changes in our society. Please Click Here to learn about some of these significant effects in our society.
A number of the cases listed below, even ones that have been
tried to a verdict, have resulted in confidential settlements,
many times after the case had received a great deal of publicity,
including magazine, newspaper and television news stories. The Law Offices of John D.
Winer would like to thank these clients for their bravery and
selflessness. Please Click Here to read more.
The Law Offices of John D. Winer is currently handling a number of prescription drug cases. A sampling of cases that are being considered or have been filed include: (because of the sensitive nature of these cases, the name of the actual plaintiff and some of the defendants are not being used)
- Sixty Year Old Woman Has Multiple Strokes After Taking Prescription Diet Pill
A sixty-year old woman and her sister went to a Northern California weight-loss clinic, because she wanted help losing only 5 pounds. The Plaintiff specifically asked the nurse who offered her diet pills whether or not the pills contained any kind of stimulant because she had a bad reaction to a stimulant many years earlier. The nurse stated unequivocally that the prescription pills known as phendimetrazine did not contain stimulants.
Plaintiff took the pills and 10 days later suffered 3 strokes which have gravely altered her life. The Law Offices of John D. Winer have learned that phendrimetrazine is in fact a stimulant, as strong as amphetamines. The case involves allegations of misrepresentation and fraud.
- Elderly Man Takes Baycol and Dies From Heart Condition After Suffering From Severe Back and Leg Pain Associated With Baycol
Plaintiff, was a fairly well functioning elderly man when he was prescribed Baycol by his doctor to reduce high cholesterol. Almost immediately he developed excruciating leg and back pain which did not respond to pain medication. Further his overall condition quickly deteriorated and he died of heart failure which the family believes is related to Baycol.
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50-Year Old Gay HIV-Positive Man Develops Severe Muscle Pain and Spasm After Taking Baycol--Aggravates HIV Symptoms And Creates New Symptoms
Plaintiff was prescribed Baycol for high cholesterol. Soon after the prescription he developed back and shoulder pain he described as the worst that he ever felt in his life. Plaintiff, who has been HIV-positive for a long time, like other HIV positive individuals has to take drugs that increase cholesterol levels. Now Plaintiff has learned that his immune system may have been compromised by the Baycol and is unable to recover from the intractable pain.
- 50-Year Old Woman Develops Severe Kidney Pain And Deterioration of Kidney Condition After Taking Baycol
Plaintiff, who has an inherited very high cholesterol level was given Baycol by her physician. Shortly afterward she developed debilitating pain in her low back right over the are of her kidneys. In addition, she has suffered from further damage to her overall physical functioning which
has left her bed bound. She and her physician had no explanation for the deterioration until the Bayer issued the Baycol warning.
Some of the more significant cases which the lawyers at the
Law Offices of John D. Winer have handled are listed below.
The results of the cases below were based on the facts of the particular case and results will differ if based on different facts. Please read the Disclaimer below before viewing the information provided here.
- $7,130,000 -- Prescription Drugs Lead to Brain Damage and Abuse Case Against Doctor
The Law Offices of John D. Winer represented a 43-year-old woman who had seen the same psychiatrist for ten years. During that time, he prescribed drugs which caused plaintiff to suffer from a brain injury and sexually abused his patient. As a result of her injuries, plaintiff became severely disabled, was unable to work for over ten years, and extensive future treatment was recommended. Plaintiff brought simultaneous licensing board, criminal and civil actions against defendant.
A key issue in the case was the effect that Dexedrine, a prescription drug had on the plaintiff. Defendant claimed that the Dexedrine, which is a potent amphetamine was safe and did not cause Plaintiff damage. The Law Offices of John D. Winer retained toxicology and psychopharmacology experts who testified that the Dexedrine in the way it was mispresribed was in fact dangerous and severely brain damaged the plaintiff. Click Here to read more.
- $4,500,000 -- 35-Year-Old Woman Wins Trial Based on Damages Caused by Misprescription of Drugs and Abuse.
Plaintiff in this case was a 35-year old woman who alleged that she was over prescribed a large number of prescription psychotropic drugs which lead to severe confusion and disinhibition. The psychiatrist who prescribed these drugs then abused the patient. Click Here to read more.
- $2,000,000 -- Three Women Who Were Sexually Harassed During Physical Exams by a Company Doctor
Plaintiffs in this case were three young women who were employees of defendant hospital. As part of their yearly physicals, they had to be examined by a male doctor who was on staff at the hospital. Plaintiffs alleged that the doctor sexually harassed them by inappropriately touching them during the physical examinations. They retained the Law Offices of John D. Winer. Click Here to read more.
- $2,000,000 -- Prescription Drug Claim Leads to Settlement of Bad Faith Case
Plaintiff in this case was a woman in her 40s who obtained a large judgment after a jury trial in a civil case. The defendant’s insurance company refused to pay the judgment, claiming there was no coverage. The Law Offices of John D. Winer obtained the large judgment in the underlying case in the jury trial, and then received an “assignment” of the defendant’s rights and sued the insurance company to attempt to recover the judgment. Click Here to read more.
- $1,566,000 -- Woman Misprescribed Drugs and Sexually Abused by Her Psychiatrist, Internist and Priest
- $1,375,000 -- 40-Year-Old Man Suffers a Severe Leg Fracture in Motorcycle Accident, Becomes Dependent on Prescription Drug Vicodin
- $1,350,000 -- Psychologist Utilizes Inappropriate "Reparenting" Techniques on a Patient
- $1,100,000 -- Product Liability Case Involving 35-Year-Old Man Has Spinal Cord Injury in Moveable Machine Accident
Plaintiff was a 35-year-old man who was operating a moveable machine as part of his job in a grocery distribution company. He alleged that when he moved the gearshift forward, instead of going forward the machine went into reverse and as a result, the machine crashed into a rack on which boxes were placed, crushing his spine and causing a spinal cord injury with partial paralysis. The plaintiff could not sue his employer because of workers’ compensation preclusions, so the case proceeded against the machine manufacturer. Click Here to read more.
- Confidential Settlement -- Woman Requires Surgery to Both Her Knees Due to Airline Negligence
- $1,000,000 -- 28-Year-Old Man Receives a Traumatic Brain Injury
in a Truck Accident
- $1,000,000 -- Couple Sues Psychiatrist and His Wife for
Malpractice, Abuse and Betrayal
- $950,000 -- Fledgling Actress Has 26-Year Inappropriate Sexual
Relationship with Psychiatrist
- $750,000 -- Case in Which a Male-to-Female Transsexual Sued Ex
Therapist For Negligence And Abuse
- $750,000 -- Three Children and Mother Alleged Sexual Abuse by
Hypnotherapist
- $750,000 -- 22-Year-Old Woman Alleges Sexual Abuse at Alcoholic Rehab Facility by Owner Manager and Bank VP
- $700,000 -- Developmentally Disabled 24-Year-Old Man Abused at a Residential Care Facility Brings Elder/Dependent Abuse Action
- Confidential Settlement -- Man Receives Spinal Cord Injury Due to
Turbulence on Airplane
- $675,000 -- Three Patients Allege They Were Lured into Drug and
Sex Parties by Their Therapists
- $600,000 -- Patients at Alcoholic Rehab Center Held Against Will
and Abused
- $600,000 -- Psychologist-in-Training Sues Psychoanalyst for
Negligence and Abuse
- $500,000 -- 50-Year-Old Man Dies as a Result of Malpractice by
HMO
- $500,000 -- Woman's Psychological Condition Deteriorates as
Result of Psychiatrist Malpractice and Abuse
- $500,000 -- Prescription Drug Foul-Up Leads to Significant Injuries
- $500,000 -- Parking Lot Assault and Rape of Two
- Confidential Settlement -- Toxic Tort and Product Liability Case
Where Issue Was Whether Toxoplasmosis Caused by Chemical or AIDS
- $490,000 -- Psychiatrist Addicts Patient to Tranquilizers and
Begins Living with Patient and Her Family
- $480,000 -- Medical Malpractice Case Involving Misdiagnosis And Substandard Treatment.
- $350,000 -- Plastic Surgeon Has Sexual Relationship with Three
Women Patients
- $300,000 -- Two Women Sexually Abused by Doctor -- Husband
Becomes Angry and Retaliates
- $300,000 -- Woman in Southern California Brings Therapist
Exploitation Case
- $300,000 -- Psychiatrist Violates Boundaries of Therapy with
Female Multiple Personality Disordered Patient
- $300,000 -- Woman Looking for Psychological Help Ends up Being
Sexually Abused by Psychotherapist
- $275,000 -- Husband and Wife Allege Deception by a Psychologist Who
Was Running a "Therapy "Cult"
- $265,000 -- Woman Wins Settlement in Case Where Therapist Denies
Sexual Misconduct
- $250,000 -- Doctor's Neglect Causes the Death of 17-Year-Old Boy
- $250,000 -- Woman Seeks Treatment for Chronic Pain Over-Medicated
and Sexually Abused by Pain Specialist
- $225,000 -- Woman Abused by Therapist Sues Him Only to Have Him
Deny Charges
- $200,000 -- Middle-aged Woman in Rural County Has Portion of Her
Intestines Removed Due to Medical Malpractice
- $200,000 -- Psychiatrist Announces He Is Homeopath and Breaks
Boundaries of Treatment with Patients
- $200,000 -- Morphine Addiction Alleged Against Internist
- $200,000 -- Female Psychotherapist Sues Male Psychiatrist for Sex
Abuse
- $200,000 -- Woman Sues Therapist for Sexual Abuse Nine Years
after Treatment Stopped
- $200,000 -- 40-year-old Female Psychotherapist Sues Psychiatrist
for Sexual Abuse 23 Years Earlier -- When She Was His 17-Year-Old
Patient
- $200,000 -- Two Women Sue Psychiatrist for Malpractice -- No Sex
Abuse
- $200,000 -- 28-Year-Old Male Patient Sues Female Therapist for
Breach of Boundaries
- $200,000 -- Woman Dies Because HMO Failed to Diagnose Cancer
- $153,000 -- Male Patient Alleges Doctor Had Unprotected Sex With Him When Doctor Knew He Was HIV Positive -- Plaintiff Does Not Develop AIDS.
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