Raphael ate dinner with several members of his family at a local restaurant. While at the restaurant, he ate raw oysters that contained flesh-eating bacteria known as Vibrio Vulnificus. Of all food-borne diseases, Vibrio Vulnificus is the most serious in the United States, with 95% of all seafood-related deaths being due to this one bacterium. The Centers for Disease Control estimates that there are 50 food-borne cases each year serious enough to require hospitalization (although estimates as high as 41,000 total cases have been calculated). As a direct and proximate result of eating oysters tainted with the Vibrio bacterium, Raphael was seriously and permanently injured. His injuries included but were not limited to the amputation of his legs, permanent scarring, permanent disfigurement, past and future medical bills, and of course past and future lost wages.
As an experienced personal injury lawyer, Scott O’Sullivan filed a lawsuit against the restaurant, the distributor, the wholesaler, and the harvester of the oysters. Raphael, a hard-working father of three, unfortunately, did not have health insurance and had medical bills in excess of $300,000. In order to prepare for trial, Scott O’Sullivan retained half a dozen experts to determine the future medical needs and wage loss issues that Raphael would face in his future. These experts determined that Raphael’s total future medical needs would be at least $3,967,200, though probably more. Additionally, the experts determined that Raphael would probably have upwards of $409,600 in future wage loss as a result of not being able to continue working in the construction industry.
As a result of the vigorous prosecution of the case by Scott, the restaurant settled the case for their policy limits of $1,000,000, plus the remaining parties were able to negotiate a settlement amount of $750,000, which will help take care of Raphael’s medical needs, wage loss and pain and suffering now and into the future.