Our Case Results

Gas explosion settlement for burn victims.

$14 Million settlement for sex abuse victim.

Wagner Reese obtained a policy limits settlement for a toddler and mother who were badly burned in a natural gas flash fire resulting from And him properly maintained water heater in an apartment complex.

While working on a construction site for a commercial building, a worker suffered catastrophic injuries due to negligence by one of the subcontractors. A global settlement between parties sharing responsibility was reached for over $6.625M for the worker.

Wrongful death settlement for wife and mother of three children due to semi-truck negligence.

$5 Million recovered for construction site accident.

Underinsured motorist claim against a truck driver’s employer. The truck driver was operating a truck and was transporting materials near Tampa, Florida when he witnessed a motor vehicle accident and stopped to render help to the accident victims. During the course of the rescue efforts, another vehicle came along and struck the vehicle and seriously injured the truck driver. Suit was filed against the wrong doers employers underinsured motorist carrier. The underinsured motorist insurance company denied coverage. After years of litigation in federal court our client was acting like a “Good Samaritan” and therefore he was required to stop under Florida statute and render aid when he witnessed the initial collision. Therefore, coverage existed and underinsured motorists benefits applied.

Settlement for primary bread-winner father and husband killed as a result of negligence of a semi-tractor trailer operator who filed to yield the right-of-way.

A young man suffered paralysis to his lower body when a bucket of parts was negligently dropped on his head. The defendant argued that the client was a co-worker of the employee that dropped the bucket on him, thus limiting our client to worker’s compensation benefits. Wagner Reese argued that they were not co-employees because even though they work at the same plant, they were employed and paid by two separate companies. The case settled out of court after the Judge agreed that our client was employed by a different employer.

Settlement in tree fall case resulting in paralysis from the chest down in case involving comparative fault issues

Construction site accident case involving a man injured when a pipe fell from the ceiling, causing paraplegia. Even though the accident was caused by the negligence of our client’s co-worker, we brought this successful claim against the general contractor who had a duty to ensure jobsite safety according to the construction contract with the premises owner. The settlement also included a waiver of a $1,000,000 worker’s compensation lien, thereby significantly increasing our client’s net recovery.

A truck driver on methamphetamines made an illegal U-turn on a highway, causing a wife and mother of two off the road, resulting in her tragic death.

A man sustained fatal injuries on a job site in Southern Indiana. During the course and scope of his employment for a demolition company, he fell through the roof of a building that he was working on, to the ground below over thirty feet down. Extensive investigation and discovery revealed “smoking gun” evidence that the owner of the building knew the roof was not safe for men to traverse.

A catastrophically injured worker who fell off of a roof while working for his employer. The settlement included a portion for medical costs that are required by Federal Law to be put into a “Medicare Set-Aside” account as well as another account for medical costs that are not covered by Medicare. This very complex settlement will help protect the injured worker for the remainder of his life so that he is financially secure and will have all of his medical needs taken care of for his lifetime.

A husband was struck by a vehicle while riding his bicycle. This claim was against a young man who was driving a company-owned vehicle. Our client died at the scene and left a widow and two college-age children. The defense blamed the decedent for riding his bicycle too fast and having his head downward such that he could not see traffic approaching. Just before trial, the defense settled.

On behalf of a child who sustained multiple facial fractures when an unsecured TV fell on top of her face at daycare. She sustained multiple facial fractures requiring surgery. Suit was filed against the daycare provider and a settlement was reached which included that the daycare make wholesale policy changes and perform regular inspections of all heavy equipment that have potential of falling on children.

A motorist hit head-on at an intersection by a delivery truck driver. Our client sustained severe orthopedic injuries and fractures as a result of a delivery truck driver that we alleged was looking at his cell phone when he crossed through an intersection. After significant litigation, the defense finally admitted liability and settled the case.

A motorist hit head-on at an intersection by a delivery truck driver. Our client sustained severe orthopedic injuries and fractures as a result of a delivery truck driver that we alleged was looking at his cell phone when he crossed through an intersection. After significant litigation, the defense finally admitted liability and settled the case.

A truck driver injured in a head-on highway collision. Our client had suffered a traumatic brain injury (TBI) which the defense disputed. We hired numerous medical experts to prove the nature and extent of our client’s brain injury, as well as interviewed our client’s past neighbors and co-workers who all testified that he was now a “different person.”

A truck driver injured in a head-on highway collision. Our client had suffered a traumatic brain injury (TBI) which the defense disputed. We hired numerous medical experts to prove the nature and extent of our client’s brain injury, as well as interviewed our client’s past neighbors and co-workers who all testified that he was now a “different person.”

Wrongful death of newborn baby due to hypoxia brain injury caused by doctor’s failure to call timely C-section despite clear evidence of fetal distress during labor.

During labor and delivery, an Indiana doctor and hospital nursing staff failed to properly notice obvious signs of fetal distress on fetal monitor strips, which led to a significantly delayed call for a Caesarean section. As a result of the delay, our client’s newborn suffered Hypoxic-Ischemic Encephalopathy (HIE) and died approximately one week after his birth. Our clients, the baby’s parents, were awarded a pre-suit maximum settlement of $1,650,000.

Wrongful death of newborn baby due to hypoxia brain injury caused by doctor’s failure to call timely C-section despite clear evidence of fetal distress during labor.

A neurologist negligently failed to diagnose and treat an ischemic stroke, resulting in missed and delayed treatment for our client. As a result of the delayed diagnosis, our client suffered permanent, disabling brain injury. After significant litigation, the client received a maximum settlement of $1,650,000.

A 38 year-old woman presented to the ER with classic signs of a stroke. The ER doctor consulted with a neurologist who failed to timely order head imaging or offer tissue plasminogen activator, or “tPA”, an FDA-approved treatment for ischemic or thrombotic stroke. As a result, our client sustained catastrophic brain injuries. The case settled for maximum damages under Indiana law.

Wrongful death of full-term fetus due to failure to properly monitor mother’s preeclampsia, refer her to high risk doctor, and properly test mother during her prenatal care.

During labor and delivery, an Indiana doctor and hospital nursing staff failed to properly notice obvious signs of fetal distress on fetal monitor strips, which led to a significantly delayed call for a Caesarean section. As a result of the delay, our client’s newborn suffered Hypoxic-Ischemic Encephalopathy (HIE) and died approximately one week after his birth. Our clients, the baby’s parents, were awarded a pre-suit maximum settlement of $1,650,000.

On behalf of three children of a woman who was a back-seat passenger in a vehicle that was hit head-on by a driver of a company van that had crossed the center line of traffic. The driver of the van had negligently been permitted to drive for the company, even though he suffered from a known heart condition. Suit was filed in federal court against the driver and his employer. The decedent was survived by three children, ages 18, 14 and 13.

On behalf of three children of a woman who was a back-seat passenger in a vehicle that was hit head-on by a driver of a company van that had crossed the center line of traffic. The driver of the van had negligently been permitted to drive for the company, even though he suffered from a known heart condition. Suit was filed in federal court against the driver and his employer. The decedent was survived by three children, ages 18, 14 and 13.

For the family of an elderly man who died while attempting to assist a stranded motorist in Southern Indiana. The disabled vehicle was struck by a dump truck loaded with gravel, which in turn struck our client, a Good Samaritan. The dump truck in question was found to have been negligently maintained, and an expert hired by our firm determined the driver of the dump truck was likely exceeding the posted 55 mph speed limit at the time of the accident.

Trucking Accident resulted in $1.5 million settlement for a pregnant woman’s personal injuries and fetal wrongful death. A truck driver was operating a semi under the influence of drugs, when he crossed the center line into oncoming traffic and struck an SUV operated by a pregnant driver. The crash seriously injured the driver and fatally injured the unborn child. The driver of the freight vehicle plead guilty to causing serious bodily injury while driving with a controlled substance in his system.

Slip and fall resulting in severe arm injury to female that fell on defective steps at a hotel. This personal injury claim arose when a young mother was walking down a flight of outdoor steps at a hotel. The steps violated building code and were unstable. As a result, the young mother fell and severely injured her arm.

A young ironworker who suffered an open book pelvic fracture when a Bobcat operator backed over him. The defense claimed our client was fully responsible for the accident because he walked behind the Bobcat while it was in motion. We proved this contention wrong by hiring engineering and accident reconstruction experts to create an animation video demonstrating that our client was stationary before the Bobcat began backing up.

$1.2 million for a client who became ill after eating salad contaminated with Listeria monocytogenes.

Recovery for death of newborn in distress who did not receive proper intubation and care in the delivery room.

Recovery for parents that lost their unborn baby due to failure to timely call C-section after non-reactive NST in high-risk pregnancy.

Wagner Reese handled an interstate truck in case involving a driver who fell asleep at the wheel due to untreated sleep apnea. After two years of litigation, the case settled just prior to trial.

Wrongful death of spouse caused by medical negligence of pulmonologist who failed to properly follow up on a CT scan showing lung cancer that went untreated for 2 years leading to delay in diagnosis and treatment.

Wrongful death settlement for medical malpractice against a Urologist. This medical malpractice case involves substandard medical care provided to a mother who underwent a procedure to remove a large kidney stone. During the surgery, this Urologist Surgeon inadvertently pierced the pleural cavity. After more than 24 hours of internal fluid buildup, we were able to prove that our client essentially drowned internally as a result of the perforation. The case settled with the hospital with additional excess damages paid by the Indiana Patients Compensation Fund.

This malpractice case was settled with the hospital with additional excess damages paid by the Indiana Patients’ Compensation Fund.

Settlement for the family of a man shot and killed by the police in his own apartment. The case was fiercely litigated for years and involved over 60 depositions and the hiring of 15 experts. The case settled on the first day of trial for after the Plaintiff obtained a third award for sanctions against the defense for not producing evidence during the discovery process. This case was believed to be the largest voluntary settlement payment by the City of Indianapolis/Marion County for a civil rights case. Attorney Stephen Wagner was named the Indiana Trial Lawyer of the year by the Indiana Trial Lawyers Association as a result of his work on this watershed case.

Wrongful death settlement for the surviving husband of his 66 year-old wife who died following complications from ovarian cancer surgery. Initially, she went in to the hospital to have a cancerous mass removed, but never awoke from surgery due to complications. The Estate alleged that the hospital staff violated doctors’ orders and failed to properly monitor the patient. This kind woman had been faithfully married for almost 50 years. There was no claim for loss of income.

Wrongful death settlement for the surviving husband of his 68 year-old wife died from an allergic reaction from a medication that was inadvertently administered by a hospital nurse. She left behind a husband of over 40 years.

A man who sustained a pierced colon during a routine colonoscopy that was not timely diagnosed by radiologists and general surgeon despite clear indication on film imaging. As a result of the delay in diagnosing the leaking colon, the patient sustained infections caused by sepsis and required additional surgeries. The case settled just before trial for $1.137M.

Wrongful death verdict in Richmond, Indiana. This medical malpractice claim was against a local OBGYN for failure to call a timely c-section for a fetus that was 34 weeks gestation and showed signs of fetal distress on a fetal heart monitor. By the time an emergency c-section was called by the doctor, it was too late. The baby died. After the verdict, the court awarded prejudgment interest on top of the gross verdict. The verdict was rendered on March 26, 2010 and is believed to be the largest medical malpractice verdict ever recorded in Wayne County.

The claim was against a local OBGYN for failure to call a timely c-section for a fetus.

Recovery for failure to call timely C-section resulting in mild brain damage and permanent hearing loss.

A student driver accompanied by this instructor, failed to yield to oncoming traffic when making a left turn. The student driver fatally struck our client who was traveling on his motorcycle through the intersection. The defendants tried to argue comparative fault on the part of our client for driving his motorcycle recklessly. However, the defendants could not escape the negligence of the student driver and the instructor’s failure to provide adequate instruction. The surviving spouse received $1.1M as a result of pre-suit negotiations.

Settlement for mother that lost her child due to failure to call timely C-section.

A $1,075,000 settlement was achieved on behalf of a man who sustained severe orthopedic injuries and fractures after a school bus driver turned left into his lane of travel causing a T-bone collision. After significant litigation, the defense finally settled the case.

Wrongful death settlement for the surviving widow whose husband fell victim to medical malpractice by a Medical Group and its Physician. The husband had a small growth detected on his lung on x-ray. After a series of CT scans showed the lesion was growing and suspicious, the defendants failed to follow-up with the patient because the office “mis-filed” his chart. As a result, the husband fell through the cracks and was never told to have surgery to remove the growth or otherwise treat it. The lung lesion was curable. He died about 3 years later. The medical review panel found in favor of the Plaintiff. One month before trial, the case settled confidentially. A Petition for excess damages for up to an additional $1M in compensation is pending against the Indiana Patients Compensation Fund.

A 16 year-old student who was injured while crossing a roadway to board his school bus. When crossing the two lane road in a rural area near his home, an oncoming truck failed to stop his pick-up truck or yield to the stopped school bus which had its red, flashing stop-arm extended. The driver of the pick-up struck the teenager. Our client suffered a severely broken leg, which required multiple surgeries, as well as kidney injuries. During the course of treatment for his injuries, he missed several weeks of school for his treatment and rehabilitation. Medical expenses totaled over $300,000.00. A portion of this settlement was also recovered from the school system who designed the bus route to have this child crossing this roadway. It was also discovered that another student had been injured few years prior from crossing a busy roadway to board a bus. They have since changed all bus routes to ensure a higher level of safety for the school children.

Plaintiff was catastrophically injured when her vehicle was struck from behind by a truck traveling at a high rate of speed. Investigation revealed the truck driver was over his hours of service.

On behalf of a young woman who was sexually assaulted after being kidnapped from a parking garage. This negligence security case was brought against a commercial property owner and parking garage operator for failure to protect from the reasonably foreseeable criminal acts of third parties. The case resulted in a confidential settlement after significant litigation.

A truck driver who was putting warning triangles out because he had a mechanical failure to his semi-tractor. A drunk driver with no insurance hit our client causing serious orthopedic injuries. The uninsured motorist carrier for our client’s employer argued that there was no coverage for our client. The case eventually settled out of court for the policy limits of $1 million.

Settlement for the family of a man who died while in police custody at a central Indiana county jail. The young man, who had a history of alcohol abuse and was going through alcohol withdrawal which had progressed to full-blown delirium tremens (DTs), was to be monitored every 15 minutes around the clock. Jail surveillance video confirmed that he was left alone and without medication for long periods of time during his 72 hour detention. by the time emergency medical personnel were called, he had already progressed into a coma and died shortly thereafter. Despite the fact that the young man was not married and had no children, the settlement was well above the state tort damage cap of $300,000 applicable in negligence actions, indicating strong evidence of federal civil rights violations under Section 1983 which are not subject to the state damage cap

A medical malpractice claim against lab for mix-up of biopsy test results. Our client was told that he had cancer and had surgery to remove it. He later found out that there was a mix-up. The defense hinged on two defendants blaming each other for the error and claiming that the plaintiffs could not carry their burden of proof. The case settled one month before trial.

A man was fatally injured when traveling through a highway construction project on his motorcycle. The claim was against the contractors that had left the work zone in a dangerous condition before stopping, leaving the site for the weekend and reopening the highway to the traveling public. Our client died at the scene and left a widow. The defense blamed the decedent for failing to properly control his motorcycle while traveling through a construction zone. The defendants settled after their employees and a representative of the highway department admitted the construction zone conditions didn’t comply with the standard specifications at the time of the crash.

A woman was sexually assaulted by her doctor. This medical malpractice case involved a woman seeking psychiatric help who became a victim of sexual assault by one of her treating physicians. After denying the claim for a period of several years, the defense finally settled the case which resulted in a total recovery of $750,000.

Settlement for retained surgical sponge. This medical malpractice case was brought against a hospital and surgeon for inadvertently leaving a surgical sponge inside her abdomen during a abdominal surgery. As a result of this sponge retention, the patient sustained infections and required additional surgery. The case settled at mediation for $750,000.

Settlement for personal injuries and negligent infliction of emotional distress of a teenage daughter who sustained minor personal injuries but witnessed her father succumb to fatal injuries in an accident involving a semi tractor-trailer.

For the daughter of a 67 year-old female pedestrian who was hit by a vehicle in a shopping center parking lot. Our client, the adult daughter of the deceased, ran out to the scene shortly after the accident occurred and brought a claim for negligent infliction of emotional distress. The defense claimed that another motorist had “waved through” traffic and that is why he hit the pedestrian. The case settled two months before the jury trial was set to begin.

Bicyclist who was hit by turning car suffered leg fractures requiring surgery.

A woman was fatally injured while operating a defective outdoor equipment. The claim was against the manufacturers and sellers of the dangerous product. After extensive discovery, the defendants agreed to resolve the claim during mediation.

A wrongful death lawsuit recently settled by Stephen Wagner was featured in The Indiana Lawyer. In the case, Lynn Brewsaugh had sued over the wrongful death of her 38-year-old son, M. Shane Satterfield, while he was in a Decatur County jail in Greensburg, Indiana.

Injured man in a farming accident. The worker’s compensation carrier paid for all of his medical needs and disability benefits plus the additional lump sum negotiated by Wagner Reese.

Settlement for the family of a woman who hanged herself while in a southwestern Indiana jail for a minor alcohol offense, resulting in fatal injuries. The deceased left behind young children, and the jail staffing and monitoring was brought into question, as the deceased was still alive when found, but had been left unattended for too long which resulted in irreversible injuries which caused the death.

This malpractice claim was filed by a 59 year-old woman against a pathologist that was alleged to have wrongfully diagnosed a female patient with kidney cancer. Although she had pre-existing problems with her kidney and had a portion of it removed, it was later fully removed due to an incorrect interpretation of pathology results. The patient was otherwise healthy and living normally with her remaining kidney. The case settled before a medical review panel rendered an opinion for $500,000.

Settlement for a young man with a mental illness who led police from 6 different agencies on a “low speed chase” similar to the O.J. Simpson case. He was well known to the police who identified him by name on the police radio during the “chase.” After disabling our client’s vehicle, the police broke the windows out of our client’s car, sprayed him with pepper spray, and dragged him from the vehicle. He was thrown face down in a ditch, and numerous officers subdued him. By the time he was in handcuffs, he had stopped breathing. He was, unfortunately, never revived. The defense claimed he died unexpectedly from “excited delirium syndrome;” we alleged this was a wrongful death due to positional asphyxiation; i.e., the officers on top of him did not allow him to breathe. On behalf of the family we filed an excessive force civil rights claim against all of the officers involved pursuant to 42 U.S.C. Section 1983. The case settled after numerous depositions and the hiring of police and medical experts to prove our case.

Settlement for the family of a man who died while in police custody at a central Indiana county jail. The man was arrested for public intoxication and detained. While in a holding cell, he began to experience alcohol withdrawal which progressed to delirium tremens (DTs), a medical emergency. The man had a seizure, and the poorly trained jailers then forcibly restrained him instead of calling for medical attention. The physical restraint included being handcuffed with his arms behind his back, which caused our client to go into cardiac arrest and contributed to his unfortunate death. These actions were alleged to be violations of the our client’s civil rights, including his rights afforded under the Fourteenth Amendment. The case was settled after we conducted extensive discovery into the training practices of the jail. As part of the settlement, the jail instituted new training policies which will reduce the chance of this happening again.

A fatigued truck driver failed to slow down on I-65 and rear-ended our client’s vehicle that was stopped on an exit ramp. Our client had a neck fusion surgery and made a full recovery. Case settled out of court for $417,500.

Settlement in a jail death case. Our client was arrested for public intoxication and was taken to a county jail where he reported a history of alcohol abuse. We alleged the jail failed to properly screen him for possible delirium tremens (DT’s), a potentially deadly complication resulting from alcohol withdrawal which develops in a small percentage of alcoholics. Under federal law, a jail may be found liable under 42 U.S.C. Section 1983 if the officers exhibit deliberate indifference to obvious medical needs. Our client developed seizures and other symptoms of DT’s which were observed and documented by correctional officers. He later died from what we alleged to be complications arising from DT’s. The jail denied all liability, but settled the case and made changes to their policies. This case was believed to be the largest jail death settlement in this particular county.

Settlement in a civil rights case arising from the prison death of our client while detained in the Allen County Jail. The initial autopsy report suggested that our client died from a head injury; further investigation revealed what Plaintiff alleged to be the real cause of death: complications arising from untreated delirium tremens (DT’s), a potentially deadly complication resulting from alcohol withdrawal which develops in a small percentage of alcoholics. The case was fiercely litigated, including the depositions of numerous correctional officers who made written observations of our client hallucinating, sweating profusely, acting bizarrely, and trembling—all signs of DT’s. Plaintiff claimed that the Allen County Jail had an unconstitutional policy and practice of being deliberately indifferent to the medical needs of detainees suffering from alcohol withdrawal in violation 42 U.S.C. Section 1983. Although the jail staunchly denied any liability for our client’s death, the jail did change its policies regarding monitoring inmates at risk for DT’s and provided more training on this issue.

Product liability settlement against a manufacturer of a skiving machine which had unsafe design and inadequate guarding. This product liability claim involved a 62 year old woman who seriously injured her hand when it was sliced on a skiving machine. We were able to find a much safer machine that the product manufacturer had developed prior to this incident and the case was settled before trial for $300,000.

Settlement for the family of an Indiana man shot and killed by police during a family disagreement. Our client was shot in front of numerous family members, who had called police to ask for help in calming a family argument that did not involve any violence. Our client had a piece of glass in his hands, which the defendant officer claimed he thought was a gun. The damages recoverable were limited by the fact that our client was not married and had no minor children. The case was an excessive force case filed under the federal civil rights statute, 42 U.S.C. Section 1983.

A pedestrian client who was hit by a vehicle that was backing-up at a fast speed to get a close spot in the parking lot of a medical facility. Our client was backed into while walking to her car with her daughter and grandchildren and her ankle was severely fractured. We recovered the full insurance policy limits available from the at-fault driver and our client’s underinsured motorist coverage.

A sponge was left inside our client after a hernia surgery, resulting in months of pain, suffering, infection, and wound VAC usage. A pre-suit settlement was achieved for the client for $175,000.

Settlement for mother whose child was born with Hypoxic Ischemic Encephalopathy (HIE), a type of brain damage that occurs when an infant’s brain doesn’t receive enough oxygen and blood.

A wrongful death settlement for medical malpractice against Hospital and a CRNA. This medical malpractice case stems from Husband going to the hospital for a right colectomy for colon cancer performed by a physician at the Hospital and released 24 hours later. Two weeks later, Husband presented with complaints of abdominal pain, fever, nausea and vomiting and diagnosed with intra-abdominal abscess secondary to right colon resection. A surgery was immediately scheduled to repair the abscess but during the administration of general anesthesia vomited, aspirated and later died. Just weeks before trial, this case settled with the Hospital and CRNA with additional excess damages pending against the Indiana Patients Compensation Fund.