Verdicts & Settlements

Over $80 Million Recovered

  • Confidential Settlement - Double Wrongful Death

    Wrongful Death

    In this products liability claim a defective flexible gas connector catastrophically failed allowing natural gas to fill the second story apartment of an elderly couple. When the errant natural gas reached an ignition source the whole apartment was destroyed in a horrific fireball fatally burning both residents. As there was not much left of the apartment there were significant challenges in showing exactly what had happened and who was responsible. Attorney Whalley hired a team of experts including: a forensic cause and origin expert to determine the cause of the blast and to rule out other potential causes; An expert metallurgist; a gas connector expert as well as several others to delineate damages etc.

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  • Largest Settlement

    Wrongful Death

    In 1996 there was an explosion at the Beta Steel plant. A large steel pressure vessel exploded killing three men, injuring ten others, and destroying a building the size of a football field. Mr. Whalley represented several of those injured, the wife and children of one of the men killed, as well as another man injured in the blast that rocked the county. The tank that exploded had been manufactured in Europe at standards below the acceptable standard under United States law. After being used in a European steel mill, it was brought to Indiana. Installation of such a tank was in direct violation of Indiana law. The tank began leaking and was repaired with a welded patch that was in violation of pressure vessel repair practices. To make matters worse, the leaking pressure vessel was often operated at pressures well above its rated capacity. After significant pretrial discovery, a court-ordered consolidated mediation was held at Valparaiso University with lawyers and insurance representatives from two continents. Mr. Whalley was honored to be asked to do the mediation presentation for all of those injured and killed in this horrific explosion. He negotiated longer than the attorneys for the other victims, ensuring that his clients received the largest settlement of all those hurt or killed.

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  • $7 Million

    Product Liability

    $7 million products liability settlement for a woman who survived a house explosion due to leaking natural gas from an old flexible brass appliance connector hose. The woman sustained substantial burns and had numerous grafting procedures and partial amputations of several fingers. In this complex case involving a dangerous defective flexible brass connector manufactured in the 1960s, Mr. Whalley hired numerous experts from around the country, including 2 fire cause and origin experts, 2 experts on gas connectors, a metallurgist who did extensive testing on the defective connector, a gas engineer, a vocational rehabilitation expert, life care planner, and economist. In this unusual case, the defendant was the natural gas provider who had received specific warnings from the Consumer Product Safety Commission of the dangers posed by these connectors and failed to pass these warnings on to their consumers. Mr. Whalley’s investigation into this case led to discovery of several other similar explosions from these dangerous connectors. This settlement has provided a fund for the injured woman to obtain specialized medical care and treatment and adaptive living that otherwise would not have been possible.
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  • $6.8 Million

    Car Accident

    $6.8 million auto crash settlement for a man with multiple injuries, including loss of vision in one eye, numerous fractures, and mild traumatic brain injury sustained after being ejected from his car when t-boned by a driver distracted on a cell phone. Mr. Whalley utilized an accident reconstructionist, a vocational rehabilitation expert, a neuropsychologist, psychiatrist, psychologist, life care planner, and an economist to adequately present and argue for proper damages in the circumstances, and was able to settle the case in a very short time frame. The client is using his settlement proceeds to live on and support his wife and children as he is no longer able to return to his profession.
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  • $5 Million

    Product Liability

    $5 million products liability settlement for man receiving significant cryogenic burns as a result of being exposed to liquid nitrogen while filling a pressure vessel at a power company. A combination of a dangerous set up and a poorly designed safety relief valve discharge configuration allowed the errant liquid nitrogen to spray on the operator when it prematurely discharged. The settlement came after almost ten years of litigation with over 100 depositions being taken all over the nation. Mr. Whalley employed a top expert in cryogenics and orchestrated a reenactment of the nitrogen discharge. He also utilized ten other top experts from several states to illustrate liability and damages. The settlement proceeds were utilized to provide specialized medical care and treatment, adaptive living arrangements, and funds to support the victim and his family.
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  • Good Samaritan Semi wrongful death case - $4.5 Million

    Wrongful Death

    In a tragic turn of events an out of state trucker pulled his big rig over on the highway near south bend to aid another trucker who had crashed in the median . The crashed semi was engulfed in flames and our client heroically ran to the flaming inferno to try to save its driver. As he ran near the flaming truck it exploded throwing him 30 yards away into the weeds where he was not discovered for quite some time. When discovered he was severly burnt and airlifted to a burn unit where he fought for his life before succumbing to his multiple injuries. Attorney Whalley hired investigators, D.O.T. experts; a world renowned economist and a host of other experts to pursue the case. Incredulously The defendants argued that the decedents recovery should be limited by his own negligence for running into this dangerous situation! While still significant, Ultimately the wrongful death settlement on behalf of the grieving widow was limited by available insurance proceeds.

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  • $4 Million

    Medical Malpractice

    In this medical malpractice claim against a large prominent Chicago Hospital, the doctors and nurses failed to promptly recognize and respond to signs of excessive lower leg swelling which caused what is termed an “acute compartment syndrome.” An acute compartment syndrome occurs when the tissue pressure within a closed muscle component (here the calf) results in the necrosis of muscle and nerve tissue. The malpractice necessitated several remedial procedures and substantial loss of lower limb function. The proceeds of the settlement allowed the patient to obtain additional medical care and treatment.
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  • $3 Million

    Medical Malpractice

    $3 million medical malpractice settlement for a minor who suffered birth trauma with resultant significant disabilities due to unrecognized fetal distress in utero. Due to numerous errors on the doctor’s part, an ascending intrauterine infection was overlooked and then not treated properly which eventually gave rise to premature labor and delivery at birth. The neonate had very poor apgar scores and was suffering from Hyaline Membrane Disease and secondary respiratory depression. Shortly after delivery, he was transferred to the University of Chicago and was expected to die. However, the baby had a miraculous recovery and was eventually discharged. He now is in school, with special education classes, and loves basketball. His settlement proceeds allowed him to have the best supportive care and education in order to optimize his quality of life.

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  • $2 Million

    Wrongful Death

    A semi speeding through a poorly lit truck stop on a rainy night ran over and killed another truck driver walking across the parking lot to get a cup of coffee. Surveillance video allowed a forensic videographer and crash reconstructionist to do an animated reconstruction proving the negligent semi-driver blatantly lied as to his speed and sequence of events. A Human Factors expert and parking lot design and an illumination expert were hired and showed how the truck stops poor lighting and maintenance contributed to this fatality. The settlement proceeds have provided for the widow and allowed decedent’s only son to go to college.

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  • $1.5 Million

    Premises Liability

    A woman going down stairs to her apartment fell and hit her head and back when a concrete step collapsed. Unable to work, she was evicted and sued by the negligent complex when she could not pay her rent. The fall triggered a recurrence of seizures that she did not have since childhood. After extensive investigation, Marshall P. Whalley & Associates proved the complex knew of this hazard; elected not to replace defective steps; and that there were several other similar incidents. Mr. Whalley hired an expert in concrete analysis, neurologists, neuropsychologist, life care planner and an economist to prove up liability and damages. The recovery is being used to supplement lost income, proper housing and needed care.

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  • $1.5 Million

    Wrongful Death

    A 12 year old boy drowned in a small lake at a classmate’s birthday party. Two adults were supervising a swim party with 30 pre-teens on canoes, a swim raft, paddle boats and a slip and slide. The evidence suggested one parent was drinking. Mr. Whalley hired experts in aquatic safety, and forensic videography to obtain the settlement that was unfortunately limited by the available insurance. A portion of the proceeds was to be designated for a memorial in honor of the lost boy.
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  • $1.25 Million

    Medical Malpractice

    $1.25 million medical malpractice settlement, the statutory maximum, to a woman who was required to be on dialysis and would eventually require a kidney transplant due to the negligence of her doctor in overprescribing N.S.A.I.D. anti- inflammatory medications over an extended period of time. Since this case, the manufacturers of ibuprofen now have more clear and restrictive warnings on their extended use.

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  • $1.25 Million

    Car Accident

    $1.25 million auto crash settlement for a woman who was rear-ended at a light by a driver distracted by a lost water bottle. As a result of her injuries, the injured woman had to have two back surgeries and was unable to continue her work. Mr. Whalley utilized an orthopedic spine surgeon, a vocational rehabilitation expert, a life care planner, and an economist to argue for a proper settlement. Mr. Whalley then referred her to a world class spine specialist who was able to alleviate some of her ongoing pain to allow her a better quality of life.

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  • $1.15 Million

    Medical Malpractice

    $1.15 million medical malpractice settlement awarded to a wheelchair bound woman for chemical burns she received to her dominant hand during a failed dialysis procedure. The extensive burns caused infection and required several lengthy and painful remedial procedures leaving her with little use of her dominant hand. While the resultant disability to her hand in and of itself was not devastating, in the setting of a woman who already had significant limitations, it was argued that this loss resulted in her dependence on others to attend to the activities of daily living (A.D.L.S.)
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  • $1 Million

    Wrongful Death

    $1 million settlement for the wrongful death of a woman that bled to death during a dialysis procedure. At the time of her death, the woman had numerous significant medical problems and had a very short life expectancy. Under Indiana law, the Dependent Next of Kin (usually spouse or minor child) are allowed to recover for the loss of love and affection, for the decedent’s life expectancy. In this case, the Defendants hired experts who affirmed what her treating doctors said, that given her numerous serious medical conditions she had already lived beyond her life expectancy. Mr. Whalley countered these arguments by doing an in depth analysis of the love and times she shared with family and friends ... even wheelchair bound with her numerous medical conditions. This, combined with an emphasis on the Defendants egregious malpractice, allowed this significant recovery in an otherwise most difficult case.

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  • $1 Million

    Car Accident

    $1 million auto crash settlement for a wrongful death of a woman whose car was crushed by a distracted semi driver. Recovery was limited by Indiana’s harsh law on wrongful death that requires the decedent to have a dependent next of kin in order to pursue the claim. In the instant case, the woman was divorced but had a child who was only going to be a minor for a number of months.
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  • Fetal Death - $1 Million

    Medical Malpractice

    $1 million medical malpractice settlement for the wrongful death of a near term fetus when the obstetrician and nurses failed to act upon fetal distress secondary to a concealed placental abruption. After Mr. Whalley took the depositions of all the doctors, the nurses and nurse educators involved, he hired a world class perinotologist, forensic pathologist, and a nursing educator with expertise in electronic fetal monitoring to demonstrate that the negligence of the hospital staff and obstetrician caused the unnecessary death of this mother’s first child. The settlement proceeds allowed her to get counseling and expert obstetrical care for her next pregnancy, which gave her a beautiful baby girl.

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  • $900,000

    Medical Malpractice

    Shortly after being admitted to practice law, Mr. Whalley co-counseled a medical malpractice trial in Michigan City, Indiana that yielded a $900,000.00 verdict for a woman who suffered a nerve entrapment and sciatica from a wrongful injection of a corticosteroid. The verdict is thought to be a record in that court at that time. Following the verdict the case was appealed then favorably settled for the victim of the malpractice.
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  • $500,000

    Medical Malpractice

    In a 2000 medical malpractice trial, a jury awarded a woman $500,000.00, the maximum recovery possible under Indiana Law at that time. It was a case that had been in litigation for more than 10 years, and involved physician negligence in failing to properly treat Graves Disease, an autoimmune disorder that causes over-activity of the thyroid gland. One of the obvious symptoms is bulging eyeballs.

    After the failure to properly treat her disease for months, the woman had to undergo a series 16 surgeries, which included breaking facial bones to release pressure from her optic nerves. She suffered periodic loss of sight and disfigurement. The jury found that if the victim had been given steroids in a timely manner, she would not have needed any surgeries. Ironically, Mr. Whalley’s client had previously been voted by her high school class of 650 as having the prettiest eyes.

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  • Premature Labor When Client Rear-Ended a Truck $500,000

    Car Accident

    In an unusual case a woman went into premature labor after she rear-ended a truck stopped in the fast lane on highway I-65. She was listed as being “at fault” on the crash report. After being turned down by four “billboard “type law firms she was referred to Attorney Whalley. Using his background in physics,and with the help on an accident reconstructionist Attorney Whalley proved that, given the road conditions and the hilly road, that his client did not have an opportunity to observe, process and take evasive maneuvers to avoid the crash. Therefore it was the defendants illegal stopping in the fast lane that was the “responsible cause” of this crash.

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  • Statutory Maximum Damages

    Medical Malpractice

    A 20 year old woman looking forward to having a family with her husband, underwent what she thought was a routine benign laproscopic procedure to evaluate suspected endometriosis. When she awoke from the anesthesia the gynecologist had performed a complete hysterectomy on her, leaving her barren. Her doctor told her it was necessary due to the findings. However an examination of the pathology report showed no abnormalities. Mr. Whalley obtained the statutory maximum Indiana recovery, which did not begin to compensate for the family’s horrible loss. This is yet another example of the injustice of Indiana Medical Malpractice cap on damages.
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