James W. Bergenn

Our clients, a 3-year-old boy and his 33-year-old father, suffered third degree burns to over 70% and 50% of their bodies respectively and we argued that a lithium ion battery exploded from an electronic device. We brought claims against the product assembler, distributor, and seller. After three unsuccessful mediations and more than 50 depositions, the claims were presented to an arbitration panel. The result of the arbitration was a gross recovery of $36,500,000 for our clients.

We represented the employee of a longstanding corporate client, who was sideswiped by a truck when he was riding his bicycle home from work. Initially, the truck driver told the cops our client was on his phone, no witnesses to the crash were identified, and we did not know if our comatose client would live and/or remember how the crash occurred. We got our client’s phone records (through his employer) and proved he wasn’t on his phone. Our accident reconstruction expert inspected the scene and the evidence, and we taught the detective the specific state statutes that protect cyclists. We requested the 911 dispatch tapes and learned that there were witnesses to the aftermath of the crash that called 911 reporting that the truck driver was attempting to leave the scene. We later learned that the truck driver lied to the cops and used another name at the scene of the crash because he was in the United States illegally. Unfortunately, due to the extent of the injury to his left leg, our client had his leg amputated above the knee approximately a month after the crash. We gave the insurance carrier an opportunity to settle the case as we drafted the Complaint to commence the lawsuit explaining that if they did not offer their $5,000,000 limits, we expected a verdict over the coverage when the case was tried. The carrier responded by offering its $5,000,000 policy limits available for this loss, which will give the client financial security as he starts the next chapter of his life.

Our client was a married, 46 year-old mother of three, and an award-winning emergency room nurse stopped for traffic on I-84.  She was struck from behind by defendant traveling 45 mph in a company SUV and had a mild concussion, but it never resolved.   Permanent post-concussive symptoms included headaches, depression, and visual deficits with sensitivity to light.  She lost both of her ER nursing jobs at local Connecticut hospitals and cannot work in any capacity.   Defendants admitted causing the crash but argued: (1) x-rays and 4 MRIs failed to show any objective evidence of a brain injury; (2) some symptoms pre-existed the crash; and (3) she might recover later.  Our expert was Erin Bigler, PhD, a top international researcher in traumatic brain injuries from Brigham Young University in Utah.   His testimony explained how this mild traumatic brain injury with “no objective findings” on radiological tests caused our client’s permanent significant problems: she sustained traumatic axonal injuries (microscopic stretching injuries at the cellular level, too small to be revealed by available imaging).   An economist quantified the economic loss of her two jobs and benefits.  A professional video company worked with us to create a video of our trial witnesses describing dramatic changes they observed of our client before and after the crash.  The defendants’ insurance company and the experts saw the anticipated powerful trial testimony.  After presenting at a mediation an hour-long PowerPoint bill-boarding much higher damage potential at trial, the case settled two weeks before trial for $4,875,000, with $4,500,00 for our brain-injured client and $375,000 for her husband’s loss of consortium claim.  A portion of the money was placed in a structure and in trust to ensure our client’s well-being for her entire life.  This settlement is Connecticut’s largest known settlement reported for a mild traumatic brain injury.