Case Results

Selected Results

Case results depend on a variety of factors that are unique to each case.  Because each case is different, prior verdict results are for informational purposes only and should not be construed as a promise or guarantee of similar results.

$58,482,347 Judgment, $5,265,144 Judgment

Jeffrey J. Downey was lead trial counsel in In re Lorazepam & Clorazepate antitrust litigation, civil No. 99-276 where he, along with a team of lawyers from his prior firm, Robins Kaplan Miller and Ciresi, L.L.P., represented Blue Cross Blue Shield of Massachusetts and Minnesota. These Plaintiffs had alleged that Defendants, including one of the Country’s largest generic drug manufacturers Mylan Pharmaceuticals Inc., had conspired to prevent generic competition for two popular anti-anxiety medications, Lorazepam, the generic equivalent of Ativan and Clorazepate, the generic equivalent of Tranxene. Defendants effectively cut off the supply of raw materials to Mylan’s competitors then increased the drugs prices, in some markets, by over 2000%. Many uninsured consumers, including elderly patients on fixed incomes, found that they were no longer able to afford these popular drugs that they had become reliant upon. At trial, Mylan’s senior Vice President was quoted by one Mylan former employees who had relayed various complaints that customers raised after the enormous price increases. “F… the customers” said the V.P., they don’t set pricing.

The Jury awarded all of plaintiff’s projected economic damages and found that Defendants Mylan, Gyma Labs and Cambrex corporation had violated state antitrust laws. The verdict was eventually trebled under Massachusetts state law, resulting in a final judgment of $58,482,347.00 on behalf of Blue Cross Blue Shield of Massachusetts, and a $5,265,114 verdict on behalf of Blue Cross Blue Shield of Minnesota. Defendants have promised to appeal the case.

Click here to read more about the case and final judgment opinion written by Chief Judge Hogan.

$5 Million Dollar Verdict

… involved a case in which an elderly man claimed he was sexually molested by his male nurse aid at a nursing home. The defense argued that his complaints to his psychiatrist of sexual abuse were a manifestation of his dementia, and that the abuse never occurred. The alleged abuser had a history of inappropriate conduct at the nursing home, and we presented evidence that the plaintiff’s roommate was also the victim of abuse. After a week long trial the Jury awarded a $5 million verdict including 4.5 million in punitive damages. The case established important precedents in Virginia case law. See the published decision, Huffman vs. Beverly California Corporation, et al, 42 Va. Cir. 205, 1997 Va. Cir Lexis 113 (J. McGrath, Rockingham County 1997). (Link)

$1.8 Million Dollar Verdict

… In Smith v. Rock Creek Manor an award of $1,805,590 was entered on behalf of a nursing home resident who was the victim of neglect and retaliation causing fractures and other injuries. Judge Gregory Mize applied D.C. Code § 44-1003 et seq. which required that a damage award against a long term care facility be trebled where harm to the resident results from either retaliation or the violation of any rule or regulation promulgated by the mayor.

$1.5 Million Dollar Verdict

… In this case a Manassas jury awarded $1.5 million to a resident of an assisted living facility who suffered a hip fracture. Plaintiff presented evidence that although the resident was at high risk for falls, there was not adequate fall prevention put in place, in violation of applicable standards of care. There was also evidence that after the fall the plaintiff was placed back to bed, without alerting either her doctor or the family. The insurance carrier initially denied the claim, taking the position that her hip fracture was the result of a spontaneous break unrelated to trauma. The jury did not agree, and rendered one of the largest verdicts on record against an assisted living facility in Virginia.

$850,000 Verdict

… Musgrove v Medical Facilities of America Inc. On June 18th, 2007 a jury in Danville Virginia awarded $850,000 in damages in a case involving, a resident who suffered from multiple pressure sores, an amputated leg, malnutrition and dehydration which caused his death. Defendant took the position that his adverse outcomes were the result of his preexisting condition and that his pressure sores were clinically unavoidable. The defense called one of the Plaintiff’s treating doctors, who described him as a “concentration camp victim” before he entered the nursing home. However, the family was able to avoid the development of pressure sores at home, and the Plaintiff was not dehydrated when he entered the nursing home. The jury award was comprised of $350,000 dollars for pain and suffering damages, and $500,000 dollars for wrongful death damages suffered by the surviving children. Medical Facilities of America Inc. is one of the largest nursing home chains in Virginia. They refused to mediate the case prior to trial and offered only $35,000 to settle the matter prior to trial.

$700,000 Verdict

… Scott v. Pendleton Nursing Home – This nursing home case was venued in rural Pendleton County West Virginia. Plaintiff had alleged multiple acts of neglect including the failure to prevent pressure sores, infection, and a hip fracture. The verdict included $500,000 in punitive damages against the operator of the nursing home, the Evangelical Lutheran Good Samaritan Society.