Case Results

Our client was involved in a car accident in Toledo, Ohio in July 2017. As a result of this accident, she sustained serious injuries to her neck, back, head, right arm, and right shoulder. These injuries have left our client in a critical financial and physical condition. The extensive injuries will likely be permanent and require costly long-term medical care.

The collision occurred in Lucas County and involved a driver who is not the owner of the vehicle involved. We assert that the car owner was negligent in loaning his car to the driver because there was evidence of the driver’s reckless and incompetent driving tendencies. By entrusting his car to the driver involved in the accident, the car owner is partially responsible for our client’s injuries.
Charles Boyk Law is diligently working with our client to ensure she not only receives care and support for her injuries but is also able to recover in excess of $25,000 from the defendants to alleviate the new difficulties she faces due to the accident.

On a summer afternoon, our client was traveling in Toledo, Ohio, at a speed of approximately 40 mph, when another driver failed to stop for a stop sign causing our client to smash into the side of the other vehicle. The airbags deployed in our client’s vehicle striking her in the head and the face. Our client was taken by ambulance to the hospital where she was diagnosed with having fractures to her third through sixth rib on the left side, fractures of the third through seventh rib on the right side, fractured sternum and a displaced nasal fracture. Further imaging revealed a right ankle and right heel fracture. Due to extensive injuries our client was then transferred to a different hospital for trauma consultation. Following the collision our client underwent extensive surgery which included implanting hardware to her right ankle.

In addition to the direct injuries from the collision, our client also experienced several complications relating to pre-existing conditions. Over time our client suffered infections as a result of aggravation to a pre-existing implanted medical device. Consequently, our client was diagnosed with numerous ailments including pneumonia, osteomyelitis, abscess of her first rib and sternoclavicular joint, sepsis, and respiratory failure. Infectious disease had to perform emergency surgery to drain the abscess in her chest wall. She was admitted to ICU and given a PICC line to administer antibiotics. She nearly died as a result of the sepsis and respiratory failure. She later developed lymphedema as a result of her history of osteomyelitis surrounding the sternoclavicular joint and the first costochondral junction which required hospitalization at the University of Michigan.

In total our client underwent five surgical operations. After all the treatment our client was still left with continuous pain, swelling and extensive scarring. Post-accident our client spends most of her days living in a recliner, relying on her husband for financial and physical support. For quite some time after the collision, our client’s husband was required to provide round the clock care to our client, forcing him to take leave from work. The effects of the collision placed a great deal of stress and financial burden on our client’s marriage and household.

Our office filed suit in the Lucas County Common Pleas on behalf of our client and her husband which included a spousal loss of consortium claim due to the strain that the collision put on their marriage. Our office prepared extensively to take this case to trial, however at a last-minute mediation our office resolved this case resulting in a large settlement for our client.

7-year-old boy dies of septic shock as a result of an undiagnosed bowel obstruction. A routine cat scan would have solved the problem.

On or about March 16, 2015 a seven-year-old boy became ill with symptoms of cough, diarrhea, fever, headache, nasal discharge, nausea, sinus problems and vomiting. He was taken to see his long-time primary care doctor and was diagnosed with gastroenteritis, viral. He was given a prescription for Zofran and was told to follow-up if needed.

The following day the boy’s stomach became distended and tight with worsening diarrhea. The boy was in terrible pain and had been up all night. The boy’s mother followed-up with his primary care doctor and was told the symptoms are likely related to illness and to try taking the medication Bentyl to help the cramping. The doctor order an x-ray and told the boy’s mother if symptoms worsen to take the boy to the emergency room. The boy was taken for an x-ray and the radiology report concluded that the boy suffered from a high-grade bowel obstruction. Although CT imaging of the abdomen and pelvis was recommended, no CT was ordered. The findings were discussed with the child’s primary care doctor, and the parents were told that they were okay to go home and that the child just had a lot of gas. The boy’s parents were never told the boy had a small bowel obstruction. The boy and his parents left the hospital and filled a prescription for Bentyl.

The next day the boy was not better and hadn’t slept in three days. The boy was taken to the emergency room where he presented toxic and lethargic. The boy was taken by life-flight to the Toledo Children’s emergency room for transfer and immediate surgical evaluation. During transit the boy went into cardiac arrest. Although resuscitation was attempted the boy passed away. The cause of death was determined to be septic shock (E Coli sepsis) due to small bowel obstruction, midgut volvulus and incomplete mesenteric attachment of the cecum (since birth).

Our office was retained and immediately began lengthy investigations regarding the medical care the young boy received. Upon finding that the boy’s care fell below the standards of good medical care, our office filed a lawsuit alleging Medical Malpractice against the doctors and hospital involved.
The young boy left behind loving parents and two siblings, one of which was his twin sister. Our office composed a professional video in efforts to demonstrate the family’s loving connection and the life the boy once had. This video was sent to opposing counsel and eventually helped secure a confidential settlement award.

Plaintiffs alleged that a high school football player suffered a traumatic brain injury during practice. Plaintiffs brought a 1983 civil rights violation in federal court for injuries. Plaintiffs were successful in working with opposing counsel and Defendants to resolve the case, which included changes in the football program to increase player safety.

In December 2018, our client was involved in serious motor vehicle accident that unfortunately took his life. On this fatal night, our client had been at a bar consuming alcohol with a friend and the bartender until the bar closed. Our client and his friend then left together, with our client riding as the front seat passenger in his friend’s vehicle. Shortly after leaving the bar, our client’s friend failed to make a curve in the road, causing the car to go airborne and land upside down in a nearby creek. The two men were both pronounced dead at the scene of the accident. The coroner’s report indicated that the driver’s blood alcohol level was .22—nearly three times the legal limit.

Our firm was contacted shortly after this horrible accident to assist our client’s family in their recovery and we successfully negotiated a policy limits settlement with the intoxicated driver’s insurance company. We also obtained a significant additional recovery for our client’s family by negotiating with the insurance company that had issued a policy to the bar the two men were drinking at prior to the fatal crash. Ohio law provides that under some circumstances, a bar itself may be liable for injury of its patrons or third parties when an individual continues to be served alcohol despite the bar or its employees having actual knowledge that the individual is intoxicated.  By pursuing this additional claim, we were able to ensure this man’s family was not limited to the driver’s liability policy limits and had access to an additional amount of recovery. While there is no amount of money that can take away the pain that our client’s family endured, the settlement we obtained will assist our client’s family as they move forward.

***Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. This result is not necessarily representative of the results obtained by all clients.***

One evening in February 2013, a 30-year-old young father and his girlfriend were returning to the apartment complex where she resided. When the couple exited the vehicle, our client heard the desperate cries of a mother, pleading for someone to help her son, and he noticed a large crowd gathered by the lake. When our client approached the lake, he saw the tragic sight of a young boy drowning. Without hesitation, our client quickly jumped into action and entered the frigid water in attempt to save the five-year-old boy. After trying to save the boy for about 10 minutes, our client, knowing he was unable to continue, took his final breath and submerged himself into the water so that he could lift the child as high as possible in hopes that the young boy could be saved. Unfortunately, both our client and the young child died. Our selfless young client spent his last breaths trying to save a child who was a stranger to him, leaving behind a family, including his beloved son who was just six years old at the time.

This was an avoidable tragedy. The apartment complex advertised their complex as “lakeside living” and featured a large manmade lake in the center of the complex that was around 20 feet deep. Though more than 50 percent of the residents at the apartment complex had children, there were no warning signs, no barriers around the lake, and no lifesaving equipment was available near the lake. The lake had also already proven to be dangerous, as several other drowning deaths had occurred in it prior to this horrible accident. Had the apartment complex taken the appropriate precautions, it is likely that both our client and the young boy would still be alive to this day.

Our attorneys worked tirelessly to ensure that this grieving family got the justice they deserved. We originally filed this action in the Common Pleas Court of Franklin County, but were able to avoid the need for an emotionally challenging trial due to our team’s dedicated work. While no amount of money can ever be enough to account for the loss of a family member, we were successful in reaching a settlement that satisfied our client’s family and gave them some closure.

In 2014, our client and her family were spending the day at an amusement park in Ohio when she sustained serious injuries. Our client, her husband, and their two children were riding a large swing amusement ride, and as the ride began to gain speeds of around 60 miles per hour and reach heights well over 120 feet, a 100-foot metal support cable detached from the top of the ride and began whipping around, striking riders. The cable began striking our client, causing injury to her head, neck, back and knees. Park employees were unable to bring the ride to an immediate halt and the ride continued to swing with the loose cable until it came to a natural stop. Once the ride ended, our client was forced to remain on the ride for an extended period of time as the broken cable created an issue with removing the ride’s passengers and ultimately required our client to be extracted from the ride with the use of a power tool. Our client was then transported via ambulance to a nearby hospital to treat her injuries. After an investigation, it was determined by state inspectors that the cable had failed and fractured.

At the hospital, our client was diagnosed with a traumatic brain injury and significant head trauma. These injuries caused our client several complications after the accident including, memory loss, migraines, vertigo, post-concussive syndrome, and severe depressive disorder.

We initially filed suit in court on behalf of our client, however, due to a successful negotiation we avoided the need for trial as we obtained a satisfactory confidential settlement for our client.

***Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. This result is not necessarily representative of the results obtained by all clients.***

In 2017, our client was playing golf at a country club when he was injured. As our client was driving a golf cart through the country club, a large tree limb cracked and fell on the golf cart, pinning and crushing our client in between the tree limb and golf cart. Emergency crews arrived and used equipment to lift the tree off the golf cart. Once the tree limb was removed, our client was able to be extricated from the cart and he was quickly transported to a nearby hospital by emergency medical services.

At the hospital, our client was diagnosed with complex pelvic fractures, a sacral fracture, injury to his lumbar spine, a renal lesion, and other serious injuries. Our client’s injuries were so severe that he was required to undergo extensive rehabilitation and multiple surgical procedures. Despite all the rehabilitation and surgical intervention, our client sustained permanent damage from his injuries. Along with the permanent physical injuries he sustained from this horrible accident, our client also incurred substantial medical costs and economic losses. It was also believed that his injuries would require future medical care and costs associated with that care.

We were retained to assist our client just days after the accident occurred. We filed suit, but through successful negotiations we avoided trial and obtained a large settlement for our client. While our client can never be made completely whole due to the permanent nature of his injuries, the substantial settlement we secured for him will go a long way to account for his pain and suffering.

***Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. This result is not necessarily representative of the results obtained by all clients.***

Our 39-year-old client suffered extensive third-degree burns to her scalp and permanent hair loss after being burned at a local hair salon during an appointment for balayage highlights. The stylist at the salon in question applied a bleaching product to our client’s hair, wrapped it in foils, and then placed her under a heated steam machine. This was done despite the fact that the bleach product itself had a warning in all caps bold print that said DO NOT USE WITH HEAT. Within minutes, our client’s head felt like it was on fire and she was in so much pain that she was crying and shaking. After paying and leaving the salon, she went immediately to the emergency room, where she was diagnosed with full-thickness scalp burns. Her burns were so severe and deep that part of her scalp ultimately detached, and she was left with permanent hair loss. Our client underwent numerous surgeries in attempt to reduce the bald areas, and she suffered enormously both physically and emotionally as a result of the burn injury.

We filed a lawsuit in Lucas County on behalf of our client and her husband. Litigation continued for more than a year. During that time, we did extensive investigation into the salon and the hair coloring products used, took the depositions of the hair stylist and salon owners, and added claims for punitive damages based on what was discovered in the depositions. We also consulted with an expert in Cosmetology who works for the State Board, who believed the salon had been negligent in numerous ways. As the scheduled mediation neared, we also conducted a focus group to determine how real jurors would react to the facts of our client’s case. The case settled for a confidential amount at private mediation two years to the day from our client’s initial burn injury.