Portland Personal Injury Client Stories
Brian Vann
Estate of Brian Vann v. Union Pacific Railroad, et al, Wrongful Death, Railroad Accident
Meg Vann was doing the dishes at the kitchen sink, thinking her husband would be home any minute. He and a friend had gone fishing on the Columbia and should have returned to the Vanns' Portland home much earlier. Now it was just past 10 pm and she saw a state police cruiser pull up in front of the house. The officer had bad news for Meg and her two young daughters. Their 34-year-old husband and father, Brian Vann, had been killed when an oncoming Union Pacific train crashed into the pickup in which Brian was a passenger. The train, traveling at an estimated 51 mph, smashed into the passenger side of the truck. Brian was declared dead at the scene.
In the days following Brian's death, representatives of the railroad came to visit Meg. "They expressed sympathy, but they weren't taking responsibility," recalls Meg. She felt there had to be more to what happened than was readily apparent and decided to talk to an attorney. Her mother had used Greg Zeuthen at one time so Meg contacted him.
"I liked Greg right away," Meg says. "He was warm and sincere. He assured me he would take a proactive approach to find out everything he could about the accident. I was especially impressed that he asked what he could do to help the girls and me." One thing that Zeuthen did immediately was grapple with the Vanns' own insurance company to make sure the surviving family members would receive all the benefits they had coming.
Through Zeuthen, Vann began to learn more about the circumstances of her husband's death. The RR crossing where Brian was hit was particularly dangerous. There were no flashing lights or gates to warn motorists of an oncoming train. Vehicles approaching the crossing from the boat landing traveled on a loose gravel, pitted roadway. The steepness and narrowness of the roadway were greater than the railroad's own standards allowed. Bushes and trees at the crossing obscured the view of an oncoming train. And the train that hit Brian failed to slow down as it approached what was known to be a hazardous crossing. Zeuthen put together a case showing a great deal of negligence on the part of the railroad in the death of Brian Vann.
"Greg did an excellent job keeping me informed as the case went along," states Meg. "I didn't need to know every detail at every step. I trusted him. I knew he was always following up on things. I knew that when decisions had to be made he would let me know."
Zeuthen arranged for a mediation session with the attorney for the railroad. Through that process, an out of court settlement was reached to help secure the future for Meg and her two daughters.
"I think Greg was exactly the right lawyer for me," Meg Vann says. "I felt this way during the case and I feel this way right now — if I ever called him and said, 'I really need your help,' he'd be here right away. He's that kind of person."
Chad Erland
Chad Erland v. Brian Will, MD and Will Vision Center, Medical Malpractice, Lasik Laser Eye Surgery
Chad Erland was making a new start in life. He was in the process of finishing his senior level classes at Portland State University where he would eventually earn his BS in Graphic Design. While recovering from successful knee surgery, he thought it would also be a good time to undergo Lasik eye surgery. He would rid himself of his glasses and contact lenses once and for all. His contacts irritated and dried out his eyes, pushing him to rely on his glasses. At a time when he would be embarking on a new career as a graphic artist, improved eyesight would be a plus.
He heard a commercial for an inviting Lasik clinic. He checked out the clinic on the Internet and was impressed with the firm's web page. Everything looked sophisticated and professional. On January 16, 2002, he underwent Lasik surgery at the hands of the clinic's opthamologist.
As Erland recovered from surgery he noticed his eyesight was not improving as he had hoped. In fact, it was progressively becoming much worse. His eyesight eventually deteriorated to the point where he was almost blind in his right eye and had to squint to maintain vision in his left eye. He returned to the clinic. Here, the doctors told him to be patient, that he was trying to use his computer too much and that his eyes were "oxygen deprived." Erland eventually visited the clinic a total of 16 times and underwent one more surgery on his right eye. His vision continued to decline and he increasingly felt the clinic doctors were withholding the truth.
At this point a friend from school suggested he contact an attorney. A series of referrals led him to the team of Greg Zeuthen and Larry Baron. "I was impressed with their knowledge of Lasik. They could have been doctors themselves," said Erland. Working with attorneys Zeuthen and Baron, Erland began to learn the facts of what had happened to him.
The optometrist who evaluated Erland prior to surgery told him he was "an excellent candidate" for Lasik. What no one told him was he was exactly the wrong candidate for Lasik. The clinic had conducted pre-surgery topography scans of Erland's eyes. When Zeuthen and Baron submitted these topographies to outside experts, it became readily apparent that Erland suffered from a disease called keratoconus. The disease had caused thinning of Erland's corneas, a condition that was aggravated by the Lasik surgeries.
Through depositions and pretrial discovery of evidence, Zeuthen and Baron learned the clinic's doctors failed to diagnose Erland's keratoconus and failed to inform him of the potential danger of the surgery. "Those two were always on top of things," Erland recalls. "I remember walking with them into one of the depositions, feeling very save and secure knowing I had these two pros on on my side. I was thinking, 'I'm glad I'm not on the other end.' They took good care of me."
Because of the increasing evidence of negligence on the part of the clinic and its doctors, Zeuthen and Baron were able to negotiate an out-of-court settlement for Erland. The settlement was negotiated one month before the scheduled start of trial.
Because of the damage caused by Lasik surgery, Erland has already undergone one cornea transplant to try to correct the damage to his eyes, with multiple transplants almost certain to come in the future. He will most likely never be able to pursue his chosen career as a graphic artist. He is working as a salesman for a carpet business.
Gary Hoselton, Elizabeth Salsbery
Hoselton and Salsbery v. First Student et al, Negligence,Car Accidents
Portland residents Gary Hoselton and Elizabeth Salsbery were running errands on September 22, 2000. They had made a few stops and were on their way to take care of one more task when an errant school bus and the negligent driver of an SUV caused the crash that changed their lives.
Hoselton was driving north on Highway 43, leaving Lake Oswego, with Salsbery riding beside him in his Toyota. The school bus had been proceeding east on Terwilliger Boulevard and nosed into the intersection, partially blocking Highway 43. The SUV was headed south on 43 at a high rate of speed. It swerved to miss the school bus and crashed head on into the Hoselton car. A van, driving north behind Hoselton, then plowed into the side of Hoselton's Toyota.
Hoselton and Salsbery were both hospitalized. Hoselton remained unconscious for nearly a week. He suffered a traumatic brain injury, broken ribs, a ruptured spleen and a collapsed lung as a result of the crash. After several surgeries and three years of rehabilitation, he can get around physically, but suffers from some mild effects of his brain injury.
Salsbery also suffered a head injury. In addition, her pelvis was broken and two places and she was cut up pretty badly. Her worst injury was a cut to the leg that became infected, aggravated by her diabetic condition. The infection took almost a year to heal. Today, most of her normal body movement has returned but she tires easily and must limit her physical and mental activity.
A friend suggested the couple talk to attorney Greg Zeuthen. Salsbery met him first while Hoselton was still regaining consciousness. "Within a week of meeting Greg, I asked him to represent me," she says. "He obviously cared. I was in bed and couldn't move. It was such a relief to have someone else in charge."
Soon Zeuthen was representing Hoselton, also. Zeuthen quickly began his investigation of the crash. He was surprised to find that he was the first one to look into the particulars of what happened. He was the first to speak with witnesses and take statements on what they saw. The details he uncovered pointed to the driver of the school bus as the chief initiator of his clients' injuries.
Zeuthen learned that the bus driver had informed his employers in a written statement that he took medication for a psychiatric illness. However, the bus company had not disclosed that fact to the State of Oregon at the time the man was seeking his driving permit. The bus had been carrying high school soccer players to a game and Zeuthen discovered the scene of the crash was nearly two miles off the recommended route. He managed to locate the soccer team's coach several months after the accident. She was in Switzerland. By telephone, she provided a statement that the driver seemed "confused and lost." Another witness stated the school bus had ignored a stop sign and had proceeded directly into Highway 43.
All the pieces came together when the case finally went to mediation on December 11, 2003. When the bus company's insurance provider saw the evidence Zeuthen had collected, it quickly agreed to a settlement for Hoselton and Salsbery of $1.25 million.
"We were impressed with Greg throughout," Hoselton states. "He didn't wait for things to happen. He went out and put in the time necessary. He kept us informed. When surprises came up, he simply made adjustments and let us know what was going on. Greg demonstrated compassion and competence in dealing with us and in every aspect of preparing the case."
Hoselton and Salsbury say they were impressed with the way Zeuthen tracked all of their medical and rehabilitation expenses and made sure that everyone who helped them would be paid. They say they would be confident to recommend him to any friends who need an attorney in the future.
Pete McHugh
McHugh v. Smith and the Wayside Inn, Negligence,Pedestrian Accident
“Greg believed in me,” recalls Pete McHugh. “He could see I was being truthful.”
For McHugh, a retired high school principal, his attorney’s belief in him was important. Because other than his wife, Greg Zeuthen was about the only one who had faith in McHugh’s version of how things must of transpired on October 7, 1999.
On that day, McHugh was running along a familiar loop of highway when a car plowed into him. He didn't see anything. In fact, he had no memory of the car hitting him. Everything he or anyone knew about the incident came from the woman who had been driving the car. Her story was that the jogger had been going down the middle of the road, with his back to the car. She said that when she tried to pass him, he darted in front of her; she couldn't avoid hitting him.
For McHugh, the story didn't wash. Things were fuzzy – he had suffered a brain concussion and a skull fracture as a result of the collision – but he knew himself well enough to know something was amiss. He had been running this same loop fairly regularly for 20 years. He always ran on the left side of the road, facing the oncoming traffic. McHugh knew in his heart the collision was not his fault.
He heard about Greg Zeuthen from a neighbor and asked Zeuthen to represent him. “From the start, Greg picked up the ball and ran with it.”
On July 31, 2001, the case went to trial. Zeuthen was able to convince the jury the driver was not telling the truth. At the close of the three day trial, jurors awarded McHugh $822,000 in compensation.
McHugh remains impressed, “What I appreciated most about Greg was his genuine concern. He did a great job of staying in communication with me. He was never too busy too meet with me and take my calls. That in itself meant a lot.”
Brenda Ross
Medical Malpractice, Lasik Laser Eye Surgery
Brenda Ross sought out Lasik surgery so she wouldn't have to wear contacts any more. She enjoyed swimming and water sports with her family. Without contact lenses in her eyes, she felt she could be more physically active with her family and enjoy life more.
Unfortunately, Ross's surgery went tragically wrong. A medical device was not properly assembled and it cut deeply into her eye. She suffered permanent damage and distortion of vision. To make matters worse, she learned that she never was a good candidate for surgery in the first place and her physician failed to tell her.
Following her surgery, she began to look for a lawyer to hold her doctor accountable. She and her husband settled on Lawrence Baron and Greg Zeuthen because of the compassion they demonstrated for her situation.
From the start, she knew she had chosen correctly. "Greg and Larry never left me out of the loop. I was in communication with them just about every day. They answered every one of my emails. The way they treated me throughout the process was awesome." Her case settled out of court in April 2002 in a confidential agreement. Her bond with her attorneys, though, has not lessened. "I feel that I made two new friends for life. We still communicate with Greg and Larry by email and phone on a semi-regular basis. I think the world of them."
Ross is a home school teacher to her four children, ages 2 to 14. Her impaired eyesight makes teaching her children extremely difficult but she finds a way to cope each day. Her oldest daughter recently enrolled in college level courses. Aside from her family, Ross is extremely involved in support efforts for victims of Lasik and laser eye surgery. She started a group for Oregon and Washington called simply, "Refractive Surgery Complications Support Group." She also participates regularly in a national web site for former Lasik patients, "surgicaleyes.org." When she comes across someone who needs legal help, she never hesitates to refer them to Greg Zeuthen and Larry Baron.
Lori Dilio
Dilio v. Jang and Lexington Eye Institute, et al, Medical Malpractice, Lasik Laser Eye Surgery
Lori Dilio was attracted to Lasik surgery because it presented an opportunity to get rid of her glasses. She enjoyed physical activities such as skiing and swimming where glasses were an inconvenience. Advertising by a Canadian Lasik clinic convinced her the surgery would be a positive move. She went to a clinic near her Bellevue, Washington, home for her pre-surgery exam. Doctors there declared her an excellent candidate.
Dilio traveled to Surrey, British Columbia, for her operation and surgery was performed on February 11, 2000. She immediately realized she had decreased vision and could not focus her eyes. "I couldn't really see," she says. "I had double vision. I saw halos and starbursts around light. And everything was dimmer. It was blurry."
Fearing for her future, Dilio sought legal counsel. "I didn't want to look back someday and think there was something else I could have done," she says. "I wanted to hold the doctors accountable. I wanted to say to the doctors, 'This is what you've done to me. This is what your lousy follow-up has come to.'" Dilio hired Zeuthen and Larry Baron. "They were tenacious," Dilio says of her attorneys. "They were unstoppable in their research — they wanted to learn everything about my situation, about my condition. There was no stone left unturned. Every idea was pursued. They looked everywhere for answers."
The evidence the attorneys gathered demonstrated clearly the mistakes made by Dilio's doctors. There were many: mismeasured pupils, a decentered flap, decentered ablations and a failure to remove straie (or wrinkles).
The trial began in November 2002 at the Justice Center in Kent, Washington. Arguments had proceeded for two weeks and Zeuthen and Baron had nearly completed his presentation of the Dilio case when the case settled.
Dilio left the courtroom with a lasting appreciation for the work put in by her attorneys, "My husband and I were both impressed with the time Larry and Greg invested in our case. They work hard for every penny they make."
Reaching a settlement gave Dilio the closure she needed to move on with her life. Prior to the operation, she successfully operated a small wedding cake business out of her home. Today, she and her husband Michael operate real estate appraisal business from their home. She also home schools her three children.
Leo Morin
Morin v. Weston, Medical Malpractice, Lasik Laser Eye Surgery
Leo Morin, of Veneta, Oregon, wanted lighter glasses and glasses that weighed less. His prescription made his lenses big and heavy. Because he worked as an industrial electrician, his eye glasses doubled as safety glasses. They had to be actually made out of glass and not a lighter plastic material.
Lasik surgery seemed to be the answer. He had surgery on both eyes on June 15, 2000. In the days following surgery, he began to realize something wasn't right. His left eye, in particular, was worse. At eye exams, when he was asked to look at the eye chart on the wall, he couldn't make out any letters.
He learned he had not been a good candidate for Lasik surgery. The combination of his pupil size and the refraction of his eye meant he would have problems. He also learned that the doctors literally plugged the wrong refraction into the computer.
"The idea of suing someone was foreign to me," Morin says. "I don't think of myself as a confrontational type person." Yet, as he considered his situation and conversed more with other victims or Lasik surgery, legal action became a real option. He made contact with Lawrence Baron and Greg Zeuthen.
"Greg and Larry reminded me of Gary Cooper in High Noon," recalls Morin. "You could tell they knew a lot about Lasik surgery. I thought, 'These are the guys.'"
The case went before a Lane County Circuit Court jury in Eugene on April 9, 2002. On April 11, the jury came back with a verdict against the doctor and awarded Morin $420,000 in damages.
Today, Morin struggles with his eyesight. He suffers from "dry eyes." The dry eyes make his eyes feel like he's in a hot, dusty, desert wind. He relies mostly on his right eye for vision as his left eye produces what he describes as "a dozen double images." In artificial light, Morin says he sees about 40 percent of what he could see prior to his surgery.
Brad Young
Medical Malpractice, Lasik Laser Eye Surgery
Brad Young is an avid outdoor sportsman. He likes to hunt and fish – in all kinds of weather. He was tired of his glasses getting in the way of his sport – they got wet, they fogged up, they steamed up. He believed laser eye surgery was the answer and he felt it was safe. By the time Young began thinking seriously about the surgery in 1999, Lasik surgery had been around for several years. He reasoned that all the bugs must have been worked out. He would get the surgery and no longer have to wear his glasses.
On May 21, 1999, Young underwent his first laser surgery. On July 2, 1999, he had laser surgery again. He now knows that a pre-existing eye condition made him among the worst candidates for Lasik. Following the surgeries, Young learned he suffered from keratoconus (KEHR-a-toh-kohn-nus), an eye condition in which the normally round dome-shaped cornea progressively thins causing a cone-like bulge to develop. The condition causes blurring and distortion of vision. The abnormalities in Young’s corneas should have been discovered in his pre-surgery exams and his doctors should have told him to go home, that he was not a candidate for surgery.
In the weeks after his surgeries, Young began to realize his eyesight wasn't better. It was worse. He was having difficulty carrying out his job responsibilities for a Portland steel fabricator. He felt his doctors weren't taking his complaints seriously. He sought second and third opinions. Other specialists told him he was in bad shape and the only surgery that would help him would be an entire corneal transplant.
With his sight damaged and his relationship with the operating physician deteriorated, Young sought legal help. His wife is an attorney and she asked around to find out what lawyers were taking cases for Lasik eye patients. Her search led Young to the offices of Lawrence Baron and Greg Zeuthen. The two had previously teamed up, successfully, on behalf of other surgery victims.
“From the beginning, Greg was very reassuring,” Young states. “He is extremely personable and put me at ease. I was nervous and uncomfortable with the whole situation. Greg would calm me down and help me focus on the positive.” He adds, “Together, Greg and Larry showed they had a lot of knowledge on these surgeries. They knew exactly what questions to ask and what experts to call on. When the other side would pull something, they always had an answer.”
Zeuthen and Baron went about building Young’s case. They documented his eye condition and gathered facts about what doctors did and did not tell Young prior to surgery. The case was headed to trial but Young and his attorneys agreed to a settlement with the defendant doctor and eye clinic.
“Greg and Larry were extremely competent,” Young recalls. “I trusted them with everything. The whole thing was an emotional drain for me and it was reassuring to be working with two men who understood what had happened to me. They really felt and believed that I had been mistreated.”
Young spent several months seeing eye specialists to find out what to do about his sight. Since his surgery, he has experimented with well over 20 different pairs of doctor recommended contacts. These days he is comfortable with a pair of soft lenses. Still, he adjusts them several times a day and applies eye drops several times a day to ease the discomfort of the lenses. Barring an unlikely corneal transplant, this is way things will be the rest of his life.
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