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July 30, 2010

Billy Murphy: Carbon monoxide injured my clients

Plaintiffs attorney Billy Murphy called yesterday and posted a comment last night to object to my post on the verdict and award in the personal injury trial involving 20 employees in the Pier 5 Ruth's Chris steakhouse. I'm always happy to to highlight responses from principals involved in blog topics.

His main point was that there was substantial medical evidence in the trial showing that the employees were permanently injured by the CO exposure. (Nobody disputes the fact of the exposure.) Murphy:

The evidence of this damage was clearly visible from state-of-the-art high resolution MRIs, functional MRIs and CT scans, which showed irreversible damage to key areas of the brain which caused severe and persistent headaches; severe loss of short-term memory and the ability to focus, concentrate, and multitask; severe personality changes (depression, anxiety, symptoms of post-traumatic stress, disorder, inappropriate anger and the persistent urge to withdraw from friends, loved ones and strangers), all of which persist to this day.

All of this evidence and testimony was supported by the vast weight of current medical literature on this subject.

He also says I misunderstood a quote in the Daily Record, in which plaintiff lawyer Mary V. McNamara-Koch told the jury: “A lot of people [in their families] don’t understand" the plaintiffs' medical problems. Rather than indicating that the family members saw no symptoms, McNamara-Koch was saying that they were baffled by the employees' depression, memory loss and personality change caused by the carbon monoxide, Murphy said.

The fact that many of the employees are still working at Ruth's Chris doesn't necessarily mean they aren't severely disabled, Murphy added.

Posted by Jay Hancock at 6:00 AM | | Comments (3)
        

Comments

This was a while ago, but I once sat on a jury for a carbon monoxide exposure civil suit, here in California.

Three college kids were suing the HVAC repair company for negligence after they replaced the thermostat in their gas heater but failed to notice the cracked housing or telltale yellow flame indicating incomplete combustion in the unit.

Their lives had changed permanently -- one in particular. There were no visible scars and most of the symptoms were so subtle you'd have a hard time believing anything had happened to them: loss of concentration, change in personality -- everything described above.

As I heard the evidence, I was skeptical of it as a money-grubbing stunt. Until I realized the crap they went through in treatments at well-known medical facilities. Something switched and I decided that something really awful happened to them one chilly (by CA standards) winter night.

Unfortunately, I was assigned as an alternate juror and the others didn't feel the same compassion as me. I regret not being able to help those poor kids.

Billy Murphy has done a great job on behalf of his clients, many attorneys do not understand the complexity of the damage caused by carbon monoxide. We refer cases do specialist lawyers because most lawyers have not come across these types of cases and therefore do not understand the long term effects of an episode involving CO. This means that the victim does not always get the damages they need to try to live their lives.

Every house / apartment should be equipped with at least one CO detector on each floor. Cheapest life insurance you'll ever buy. I got this one for my house http://www.digitalcarbonmonoxidealarms.com/

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About Jay Hancock
Jay Hancock has been a financial columnist for The Baltimore Sun since 2001. He has also been The Baltimore Sun's diplomatic correspondent in Washington and its chief economics writer. Before moving to Baltimore in 1994 he worked for The Virginian-Pilot of Norfolk and The Daily Press of Newport News.

His columns appear Tuesdays and Sundays.
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