Recently Filed Cases
MEDICAL MALPRACTICE
Pediatric Malpractice
Case filed on behalf a baby who was born with an infection that was not timely diagnosed or treated. The baby had signs of an infection that were ignored by the medical staff caring for the baby. The infection in question could have and should have been diagnosed shortly after birth and treated with antibiotics The baby now has permanent physical and cognitive damages, left sided paralysis, and requires extensive medical treatment and multiple therapies.
Birth Trauma - Cerebral Palsy
Case filed on behalf of a baby who suffers from severe cerebral palsy with physical and cognitive deficits, due to a delay in performing a cesarean section. The baby had signs of decreased oxygenation during labor and when the nurses called to inform the doctor, he replied, "I will be in when I am done coaching my son's team". Baby was born severely depressed due to the delay in proper assessment and earlier delivery.
Premature Baby
Lawsuit filed against a hospital and care givers who failed to diagnose acute appendicitis when a young woman presented to the emergency room with acute abdominal pain at 24 weeks gestation. As a result, the appendix ruptured and the baby had to be delivered 12 days later due to pre-term labor at 26 weeks gestation. The baby was only 1 lb 7 oz at birth. She was immediately admitted to the Neonatal Intensive Care Unit where she remained for over 8 months. She was treated for numerous conditions due to extreme prematurity, including cardiac complications that resulted in profound brain damage.
Delay in diagnosing coronary artery disease
Case filed against a family physician, an emergency department physician and a hospital relating to the death of a 31 year old married man. Initially, the man presented to his family doctor with a complaint of chest pain, "feeling like an elephant is sitting on his chest", and a rapid heartbeat. He was diagnosed with panic attacks and inflammation of the rib cage (costochondritis). No cardiac work-up was undertaken. Three months later, he went to the emergency department with complaints of chest pain and shortness of breath but was discharged from the emergency department with a diagnosis of costochondritis (inflammation of a rib). Again, no cardiac work-up, such as an EKG or echocardiogram was undertaken. If either of these tests had been performed, a diagnosis of coronary artery disease would have been made and the man would have received life-saving treatment. However, two days later he suffered acute chest pain, collapsed and died. An autopsy confirmed that he died from a heart attack due to severe coronary artery disease.
Improper pain management injection causes paralysis
Case filed on behalf of a woman who sought treatment for pain relief of her chronic pain syndrome. Her physician recommended that she submit to a pain injection shot. The physician performed a stellate ganglion injection in her upper back using improper technique which allowed alcohol to leak outside of the ganglion. The leakage of the alcohol solution caused severe injuries to her left brachial plexus and left phrenic nerve which resulted in severe weakness in her left arm, neuropathy, debilitating pain and paralysis of her left diaphragm.
Failure to Evaluate Chest Pain
Case filed on behalf of a 47 year old woman who presented to the hospital with chest pain. She was admitted for observation and diagnosed with anxiety. She complained to the nurses and doctors that she was afraid she was having a heart attack. Her complaints were dismissed and two days later, while she was still in the hospital, she suffered a heart attack and died.
PERSONAL INJURY
Stage Collapes at Pontiac Silverdome
Lawsuits have been filed involving injuries sustained by several people at a stage collapse which occurred at the Pontiac Silverdome on June 19, 2010 . The stage which collapsed was the same equipment as the stage which collapsed at the Sugarland concert at the Indiana State Fair this past weekend. Robert Darling of the law firm of Sommers Schwartz, the attorney for the injured workers, stated: "This collapse involved the methods used to install the roofing system. Academy Award winner, A. R. Rahman, was to have performed in concert within hours of the failure."
Automobile Accident-Death
Case filed on behalf of a gentleman who was in a rehabilitation facility and progressing towards being discharged to his home. This man was being transported to a doctor's appointment in a medical transport van when the driver of the van crossed the center line and hit a vehicle and then a tree head on. The man was in a wheelchair in the van at the time of the accident. He suffered catastrophic injuries and was pronounced dead at the hospital. The case is filed against the medical transportation company and driver.
Flagpole Corrosion
A lawsuit was filed in Oakland County Circuit Court following an incident at a Ferndale Elementary School when a five year old kindergartner was killed after a 45 foot steel flagpole snapped and struck her in the head while she was playing with her fellow classmates. The cause of this accident was the 87 year old flagpole's severe corrosion on the interior and exterior of it and the school's failure to correct the condition of the flagpole.
PRODUCT LIABILITY
Defective Water Heater / Control Valve
A lawsuit was filed in Federal Court claiming a Robertshaw control valve on a Rheem water heater was defective. The 24 year old Plaintiff was attempting to relight the pilot on the water heater when it exploded, causing him to suffer burns over 95% of his body.
Defective Tire
A lawsuit was filed in Federal Court after a right rear tire tread separation on a General Grabber AW tire on a 1998 Ford Explorer which caused the driver to lose control of her vehicle which rolled over several times as a result of the tire tread separation. A front seat passenger was killed and the driver and two back seat passengers were severely injured. The driver eventually died as a result of injuries suffered in this accident.
Class Action Lawsuit against Ford Motor Company
Class action lawsuit filed on behalf of Ford automobile owners who experience damage to their vehicles from galvanic corrosion. Galvanic corrosion occurs when different kinds of metals come in contact with one another thereby causing oxidation. Plaintiffs claim faulty design in the composition of the materials used in certain vehicles has caused premature corrosion.
Gas Line Explosion Case
A lawsuit was filed on behalf of a 27 year old man who was killed in a gas explosion, leaving behind his parents and two sisters. This young man was employed by a subcontractor to United States Steel Corporation on Zug Island, Michigan. While he was working on the job site patching holes in a dead gas pipeline that was to be put back into service in two days, valves were opened, leaking gas into the supposedly dead pipeline, causing an explosion. As a result of these negligent acts, the young man was fatally injured.
Blue Cross Blue Shield and 23 Michigan Hospitals Sued For Price Fixing
Sommers Schwartz filed a class action antitrust lawsuit in federal court against Blue Cross Blue Shield of Michigan and 23 area hospitals for unlawfully fixing the prices of hospital services throughout Metro-Detroit. Blue Cross and the hospitals attempted to limit competition by agreeing to raise the prices these hospitals charge to all non-Blue Cross purchasers by amounts ranging from 10-39%. These contracts and agreements are also the subject of a recent Department of Justice investigation and lawsuit. If you are self-insured individual, corporation, municipality or health & welfare fund, please give us a call to discuss your claim.
Wiring Harness Antitrust Litigation
Sommers Schwartz field a class action antitrust price-fixing lawsuit in federal court against the manufacturers of most automotive wiring harnesses and related components. The illegal agreements and multi-manufacturer, international conspiracy came to light earlier this year after the U.S. Department of Justice issued criminal indictments and more than $200 million in fines. If you or your company purchased automotive wiring harnesses or related components directly from a manufacturer, please give us a call to discuss your claim.
Class Action Lawsuit-Yellow pages.com
Class action lawsuit filed against Yellowpages.com on behalf of small businesses who were victims of alleged fraudulent marketing practices. Yellowpages.com promised website promotions and search engine enhancements which were not provided to small business owners.
Chinese Auto Manufacturer's Breach of Contract, Conspiracy and Interference with Contracts
Suit filed by Sommers Schwartz attorney Andrew Kochanowski on behalf of V Cars, LLC against Chery Automobile Co., Ltd., Yin Tongyao, Kan Lei, Chery Quantum Auto Company, Israel Corporation, and Quantum, LLC. Litigation involves several interrelated cases arising out of the collapse of a joint venture between a U.S. start-up company (V Cars) and a Chinese automobile manufacturer (Chery Automobile Co., Ltd.) for the exclusive right to import and distribute Chery-built vehicles in North America. After expending significant resources in the development of the joint venture, V Cars was replaced by Israel Corporation, an investor it brought to the deal. V Cars' causes of action include RICO claims, contract claims, breach of fiduciary duty, tortuous interference, civil conspiracy, misappropriation of trade secrets and unfair competition. Litigation is being prosecuted in federal court in New York as well as through an arbitration proceeding in Hong Kong. Damages sought include injuries to Plaintiff V Cars for the loss of $26 million of funds invested in V Cars by innocent investors, and in loans to V Cars by innocent investors and the lost opportunity to make $1.1 Billion in profits out of its share of the joint venture in the first five years of operation and billions of dollars in profits from sales of new vehicles and spare parts in North America.
Breach of Joint Venture Agreement
Suit filed by Sommers Schwartz attorney Andrew Kochanowski on behalf of Dry Clean Super Center, Inc. against Kwik Industries, Inc. and Ray Ellis alleging breach of Joint Venture Agreement (including allegations of federal servicemark infringement, dilution and unfair competition, as well as common law claims of fraud, unjust enrichment, breach of fiduciary duty and negligence) by a joint venturer who deliberately concealed profits and impermissibly used Plaintiff's trademark beyond the scope of any implied license. Dry Clean Super Store is seeking the imposition of a constructive trust, a court-ordered accounting, declaratory and injunctive relief, attorneys' fees, and more than $7 million in compensatory damages.
Attorney Malpractice: Failure to File Maintenance Fee
Suit filed by Sommers Schwartz attorney Andrew Kochanowski on behalf of Warrior Sports, Inc., a manufacturer of sporting equipment against their former patent attorneys for failing to pay a required maintenance fee to the United States Patent and Trademark Office which caused Warrior's patent to lapse and compromised Warrior's position in litigation against a competitor involving the patent. Plaintiff is seeking damages in excess of $33 million.
Automobile vendors breach of contract action
Sommers Schwartz attorney Kevin J. Stoops currently represents a Tier 1 automobile parts supplier in a multi-million dollar dispute between it and one of its former vendors. The complex business litigation, pending in the United States District Court for the Eastern District of Michigan, involves contractual disputes arising under the UCC and focuses on a requirements contract business relationship between the Michigan based Tier 1 supplier and its Canadian based vendor.
EMPLOYMENT LAW
Wage and Overtime Law
On October 10, 2011, Sommers Schwartz attorneys Jason Thompson, Lance Young, Matt Turner, and Jesse Young filed a collective action lawsuit on behalf of their clients under the Fair Labor Standards Act (FLSA) against William Beaumont Hospital. Plaintiffs' complaint alleges that Beaumont knowingly and willfully committed wage theft against its Physician's Assistants (PA) and Nurse Practitioners (NP) by deliberately misclassifying them as "salaried-exempt" in order to evade the overtime requirements of the FLSA. The complaint claims that Beaumont's PAs and NPs were paid on an hourly basis and received overtime pay until December 31, 2008. However, as of January 1, 2009, Beaumont abandoned this pay practice, announcing that it would no longer pay overtime to its PAs and NPs and changed their compensation structure to a salary basis. The lawsuit is currently pending in the U.S. District Court, Eastern District of Michigan (Schlaff, et al v. William Beaumont Hospital, Case No. 2:11-cv-14443).
On March 28, 2011, Sommers Schwartz attorneys Jason Thompson, Dan Swanson, and Jesse Young filed a lawsuit on behalf of their client under the Fair Labor Standards Act (FLSA) and for breach of contract as against Sara Lee Corporation. Plaintiff's complaint alleges that Sara Lee knowingly and willfully failed to pay its employees a minimum wage and overtime compensation as required under the FLSA. The complaint claims that Sara Lee had a policy of not compensating employees for time spent donning protective gear prior to punching-in for work and the time spent doffing the protective gear after punching-out. The complaint further claims that Sara Lee's employees were not compensated for doffing after their lunch breaks began and for donning before their lunch breaks ended. The lawsuit is currently pending in the U.S. District Court, Western District of Michigan ( Duran v. Sara Lee Corp., Case No. 1:11-cv-00313).
On March 24, 2011, Sommers Schwartz attorneys Jason Thompson, Dan Swanson, and Jesse Young filed a lawsuit on behalf of their client under the Fair Labor Standards Act (FLSA) as against JBS Plainwell, Inc., Smithfield Beef Group-Plainwell, Inc., and Packerland-Plainwell, Inc. ("Defendants"). Plaintiff's complaint alleges that Defendants knowingly and willfully failed to pay its employees a minimum wage and overtime compensation as required under the FLSA. The complaint claims that Defendants had a policy of not compensating employees for time spent donning protective gear prior to punching-in for work and the time spent doffing the protective gear after punching-out. The complaint further claims that Defendants' employees were not compensated for doffing after their lunch breaks began and for donning before their lunch breaks ended. The lawsuit is currently pending in the U.S. District Court, Western District of Michigan (Lucas v. JBS Plainwell, Inc., et al., Case No. 1:11-cv-00302).
On December 14, 2010, Sommers Schwartz attorneys Jason Thompson, Dan Swanson, and Jesse Young filed a lawsuit on behalf of their clients under the Fair Labor Standards Act (FLSA) as against Amurcon Corporation. Plaintiffs' complaint alleges that Amurcon Corporation knowingly and willfully failed to pay its employees overtime compensation as required under the FLSA. The complaint further claims that all current and former employees of the company were subjected to unlawful pay practices, as evidenced by the company's written policies and company e-mails, which reveal the company's efforts to "fix" employee time-records and its efforts to give employees "comp" time in lieu of overtime pay. The lawsuit is currently pending in the U.S. District Court, Eastern District of Michigan (Shipes, et al. v. Amurcon Corporation, Case No. 2:10-cv-14943).
On October 15, 2010, Sommers Schwartz attorneys Jason Thompson, Dan Swanson, and Jesse Young filed a lawsuit on behalf of their client under the Fair Labor Standards Act (FLSA) and for breach of contract as against Quicken Loans, Inc. Plaintiff's complaint alleges that Quicken Loans knowingly and willfully failed to pay its clerical and secretarial employees a minimum wage and overtime compensation as required under the FLSA. The complaint further claims that Quicken Loans's clerical and secretarial employees were subjected to unlawful pay practices, as evidenced by the company's practice of requiring its employees to adjust their own time clocks to reflect only forty (40) hours of work in any given week, regardless of whether they actually worked more than forty hours. The lawsuit is currently pending in the U.S. District Court, Eastern District of Michigan (Knight v. Quicken Loans, Inc., Case No. 2:10-cv-14147).
Wrongful Discharge Lawsuits:
Public Policy
On June 17, 2011, Sommers Schwartz attorneys Daniel Swanson and Jesse Young filed a wrongful discharge lawsuit on behalf of their client, a licensed pharmacist, as against Walgreen Co. The Plaintiff's complaint alleges that Walgreens wrongfully terminated him after he exercised his right to self-defense when armed robbers entered the Benton Harbor, Michigan store on May 8, 2011 and threatened his life and the lives of three co-workers. After a robber jumped the pharmacy counter and pointed a gun directly at the Plaintiff, the Plaintiff drew his concealed weapon (for which he had a valid Michigan license) and was successfully able to fend off the robbers so that no one was hurt and no money or goods were stolen from the store. Eight days after the Plaintiff successfully saved his own life and the lives of three co-workers, Walgreens terminated his employment. The complaint claims that the Plaintiff was exercising his constitutional and statutory rights to carry a concealed weapon and to defend himself and others. The lawsuit was filed pursuant to a Michigan law that protects employees from retaliation by their employers when the employee exercises a legal right. The lawsuit is currently pending in the Berrien County Circuit Court. Read more.
Whistle Blower and Sex Discrimination
On January 12, 2012, Sommers Schwartz attorneys Daniel Swanson and Tad Roumayah filed a wrongful discharge lawsuit on behalf of their client, a 23-year veteran of the City of Highland Park Police Department. Plaintiff's complaint alleges that she began a criminal investigation into Highland Park Fire Chief David Peek after she learned of allegations that he was stealing city and privately owned property at sites where the fire department had gone to extinguish a fire. Plaintiff also began an investigation of alleged fraud committed against the city by one of its vendors/contractors, which employed Highland Park Mayor Hubert Yopp's son. Plaintiff's complaint alleges that she was wrongfully discharged by Highland Park because she initiated and participated in the investigations. The lawsuit was filed pursuant to the Whistle Blowers Protection Act, a Michigan law that protects employees from retaliation by their employees who participate in investigations of wrongful or illegal conduct. Additionally, Plaintiff's complaint alleges that she was denied a promotion based on her gender, in violation of Michigan's Elliott-Larsen Civil Rights Act. The law suit is currently pending in the Wayne County Circuit Court.
Whistle Blower
On March 1, 2011, Sommers Schwartz attorneys Daniel Swanson and Jesse Young filed a wrongful discharge lawsuit on behalf of their client, the former Chief Financial Officer, as against Inteva products, LLC. Plaintiff's complaint alleges that Inteva wrongfully discharged him because he "blew the whistle" on his employer for entering into a fraudulent loan transaction with a supplier. The complaint claims that the loan violated statutory lending laws and the CFO was duty bound to call the loan to the attention of the proper authorities. The lawsuit was filed pursuant to a Michigan law that protects employees from retaliation by their employees when wrongful or illegal conduct is reported. After the Plaintiff uncovered the fraudulent loan and notified outside auditors and others of the illegal activity, Inteva terminated his employment. The law suit is currently pending in he Oakland County Circuit Court.
Breach of employment contracts
On July 7, 2010, Judge Sean Cox of the United States District Court for the Eastern District of Michigan, granted summary judgment in favor of the Firm's clients in Holbrook et al. v. GenTek, Inc., Case No. 08-12179. In connection with the
Holbrook litigation, the Firm's business litigation group represents six Plaintiffs who previously served as executives for the Defendant GenTek. Upon GenTek's 2007 sale of Plaintiffs' business unit, GenTek failed and refused to pay Plaintiffs' performance awards as mandated by written contracts entered into between the Plaintiffs and the company. By way of its July 7, 2010 ruling, the Court determined that Plaintiffs were entitled to the performance awards (exceeding a cumulative amount of $305,000), and that the Defendant's defenses were without merit.
Unlawful Retaliatory Termination
On September 24, 2010 Sommers Schwartz attorney Kevin J. Stoops and Daniel D. Swanson filed a lawsuit on behalf of their client, a former custodial worker, against Southgate School District in the United States District Court for the Eastern District of Michigan ( Scamp v. Southgate Community School District, Case No. 10-13819). Plaintiffs' Complaint, alleging violations of anti-discrimination statutes including Title VII and Michigan's Elliott-Larsen Civil Rights Act, was necessitated by her discriminatory and retaliatory termination by Southgate School District. Specifically, Plaintiff's employment was terminated after she filed complaints with the School District about her supervisor engaging in illegal sexual harassment including making illegal sexual contact on two separate occasions.
Disability Discrimination
On December 15, 2011 Sommers Schwartz attorneys Daniel D. Swanson and Tad Roumayah filed a lawsuit on behalf of their client, a former supply chain planner, against Kellogg Company in the United States District Court for the Western District of Michigan (Miller v. Kellogg Co, Case No. 11-01321). Plaintiff's Complaint alleges violations of the Americans with Disabilities Act and the Family and Medical Leave Act. Plaintiff's claims arose from Kellogg's refusal to accommodate her physical and mental disabilities and its decision to fire her due to her disabilities and her complaints about Kellogg's discriminatory treatment. Despite her disabilities, Plaintiff performed her essential job functions in a satisfactory manner. Plaintiff's complaint alleges that due to her disabilities, she required a modification or delay of her start time and sought an accommodation so as to allow her to work more flexible hours. Plaintiff alleges that Kellogg refused her accommodation request while it allowed other similarly situated employees in her department to work flexible hours in accordance with its "flexible work options" policy. The lawsuit is ongoing.
Age Discrimination Resulting in Unlawful Termination
On September 28, 2010 Sommers Schwartz attorneys Kevin J. Stoops and Daniel D. Swanson filed a lawsuit on behalf of their client, a former Vice-President with an exemplary 36 year employment history, against Fitness USA (along with its owner and Chief Executive Officer) in the United States District Court for the Eastern District of Michigan ( Kulka v. Fitness USA, et al., Case No. 10-13863). Plaintiffs' Complaint, alleging violations of anti-discrimination statutes including the Age Discrimination in Employment Act ("ADEA") and Michigan's Elliott-Larsen Civil Rights Act, was necessitated by his discriminatory and retaliatory termination by Fitness USA on account of his age (56 years old).
Breach of Employment Agreement
Case filed on behalf of former President and CEO of Battle Creek Health Systems who was employed pursuant to a written employment contract. Following transition into another role with the employer, client was discharged without cause. In violation of client's employment agreement, employer has refused to comply with its contractual obligation to provide certain severance benefits.
Breach of Employment Agreement/Disability Discrimination/Violation of the Family Medical Leave Act
Client was the employer's CEO and was employed pursuant to a written employment contract. Due to a chronic back condition, client was required to take leave in order to receive treatment and recover. Client's condition required her to use a cane or walker to ambulate. In addition, client required leave to care for a family member who had been diagnosed with cancer. Without warning, client was discharged without just cause. Employer has refused to pay client the benefits due under her employment contract.
CASES CURRENTLY UNDER INVESTIGATION
Depuy Hip Replacements
DePuy Orthopedics Inc., part of Johnson & Johnson, has initiated a recall on two hip-replacement products, the AZAR Hip Resurfacing System and the ASR XL Acetabular System. Data from the National Joint Registry (NJR) states that within five years, one in eight patients needed a revision surgery, which translates to a five-year revision rate of approximately 12% for the ASR Hip Resurfacing System and approximately 13% for the ASR XL Acetabular System.
Sommers Schwartz is investigating these claims on behalf of patients who received a Depuy Hip and are in need of surgery to remove the Depuy hip and insert a new hip replacement.