$333,000 Recovery to Settle Civil Rights Lawsuit
In February 2021, Tim Allen of MAS, along with co-counsel Dan DeLue of DeLue Law PLLC, reached a $333,000 settlement with The City of Forks to settle a civil rights lawsuit alleging wrongful death arising out of excessive use of force. Tim and Dan filed the lawsuit on behalf of the family of a 59-year-old man who was shot and killed by police in 2016 after an officer allegedly escalated a routine welfare check into a deadly confrontation within 78 seconds of contacting the man at his home. The man was survived by his two adult sons who, along with the man's estate, were plaintiffs in the lawsuit.
EEOC Sexual Orientation Discrimination and Retaliation Investigation Closed
December 2019 — Justin Steiner represented a rural health facility when a former employee submitted a Charge of Discrimination to the U.S. Equal Employment Opportunity Commission, alleging (i) sexual orientation discrimination and (ii) retaliation following safety complaints submitted by the employee. After Justin assisted the client to investigate the Charge of Discrimination and provide a thorough rebuttal, the EEOC closed its file because its investigation uncovered no violation of the relevant statutes.
Patient’s Claims of Negligence to Washington Medical Commission Rejected
In August 2019, Justin Steiner represented a geriatric medicine physician in an investigation by the Washington Medical Commission. The patient had reported to the Commission that the physician had failed to provide an appropriate treatment plan, diligently oversee the patient’s recovery, and follow-through on treatment recommendations. After Justin provided a comprehensive response to the Commission with the physician’s assistance, the Commission found no violation of the standard of care and closed its investigation.
Washington Medical Commission Closes Investigation Against Physician
In May 2019, Justin Steiner represented a primary care physician in an investigation by the Washington Medical Commission. The patient complained that the physician had been negligent in his assessments, resulting in a failure to address serious medical concerns, as well as engaging in deficient oversight of the medical facility at which the patient resided. The Commission investigated, including considering the response from the physician, and found there had been no negligence and closed its investigation.
Court of Appeals Affirms Summary Judgment in Favor of Washington Impaired Physician Program
On December 15, 2017, the Superior Court for Pierce County dismissed a lawsuit against our client, a Washington impaired physician program, where the plaintiff made allegations of negligence, civil conspiracy, discrimination, retaliation, negligent and intentional infliction of emotional distress, and defamation. On September 24, 2019, the Court of Appeals affirmed the dismissal. Justin Steiner and Tracy Duany represented the Washington impaired physician program.
Defense Verdict in Pierce County Medical Malpractice Trial
On August 30, 2019, Tim Allen obtained a defense verdict on behalf of his clients, an anesthesiologist and anesthesiology group. The case involved claims brought by the estate of a former patient against the clients as well as a hospital and three other named physicians. After three weeks of trial, the jury returned a verdict in less than there hours exonerating Tim's clients.
EEOC Investigation Dismissed Without Action
April 22, 2019 — Justin Steiner represented a medical clinic in Bellingham against allegations of disability discrimination in front of the U.S. Equal Employment Opportunity Commission. After responding to the Charge of Discrimination and following an investigation by the EEOC, the Charge of Discrimination was dismissed without any action taken.
Defense Verdict in Kitsap County Medical Malpractice Trial
June 2018 – On June 13, 2018, a Kitsap County jury returned a defense verdict on behalf of a medical clinic represented at trial by Tim Allen and Justin Steiner. A former patient sued a gastroenterologist alleging failure to properly follow and respond to post-colonoscopy complaints, which the patient claimed resulted in extensive medical complications. After a two week trial, the jury returned a unanimous defense verdict in just under two hours.
Successful Result Following Medical Malpractice Trial
May 2018 — Justin Steiner and Tim Allen represented a local physician when the family of a former patient alleged failure to diagnosis a cardiac condition leading to the patient’s premature death. After several last-minute continuances, the case was finally tried over the course of three weeks in King County Superior Court. After deliberating for several days, the jury did not find the physician had been negligent in his care, and the case was successfully resolved.
Lawsuit Dismissed Against Washington Impaired Physician Program
On December 15, 2017, the Superior Court for Pierce County dismissed a lawsuit against a Washington impaired physician program where the plaintiff, whose medical license had previously been suspended, made allegations of negligence, civil conspiracy, discrimination, retaliation, negligent and intentional infliction of emotional distress, and defamation against the program. Justin Steiner represented the program and filed for summary judgment arguing, among other things, that the program was immune under applicable law.
$334,000 Judgment Obtained in Case Involving Former Racehorse
On May 26, 2017, Tim Allen obtained entry of a stipulated judgment for his client in a lawsuit brought to recover possession of a valuable former racehorse. Tim had sued on theories of replevin, declaratory judgment, breach of implied-in-fact contract, promissory and equitable estoppel, unjust enrichment, and negligent misrepresentation. After litigating the case for over a year, the defendants were willing to stipulate to entry of judgment in exchange for a covenant not to execute and an assignment of the defendants' rights against certain of their insurers.
Oregon Bureau of Labor and Industries Equal Access to Medical Services Complaint Dismissed
May 18, 2017 — Justin Steiner assisted a medical clinic when a patient made a complaint of unlawful practices to the Oregon Bureau of Labor and Industries, alleging failure to provide full and equal access to medical services because the patient identified as transgender. The Bureau of Labor and Industries dismissed the complaint after finding insufficient evidence to support the allegations.
EEOC Gender Discrimination and Retaliation Investigation Closed
August 2016 — Justin Steiner represented a community health center when four employees submitted charges of discrimination to the U.S. Equal Employment Opportunity Commission, alleging gender discrimination and retaliation. After conducting an investigation and responding to the charges of discrimination, the EEOC found no probable cause that discrimination or retaliation occurred and closed the investigation.
MQAC Investigation Closed: Patient's Claims of Inadequate Evaluation and Treatment by ER Physician Did Not Establish Negligence
In June 2016, Justin Steiner represented an emergency medicine physician at a local hospital in an investigation by the Medical Quality Assurance Commission. The patient had acute abdominal pain and complained to MQAC that the physician was inattentive, attempted to prematurely discharge him without adequate evaluation and treatment, and delayed the administration of necessary antibiotics for the infection. MQAC closed the investigation, finding there was no deviation from the standard of care by the physician.
MQAC Investigation Closed: Residents Did Not Deviate from Standard of Care in Treating Postpartum Hemorrhage
In April 2016, Justin Steiner represented two residents at local academic medical center in an investigation by the Medical Quality Assurance Commission. The patient had experienced postpartum hemorrhage and complained to MQAC that the residents, along with others, were negligent by taking too long to recognize and treat the hemorrhage. MQAC closed the investigation, finding there was no deviation from the standard of care by the residents.
Jury Verdict in Favor of Defendant Medical Center in Trip and Fall Case
March 18, 2015 — Justin Steiner represented a medical center when a visitor tripped over a therapy mat in a children's therapy clinic, sustaining a serious neck injury. The visitor alleged the medical center was negligent in the design of the children's therapy clinic and sought damages of $900,000. Following a 10-day trial, the jury came back with a defense verdict on all claims. King County Sup. Ct. No. 13-2-15369-6.
Defense Verdict on All Claims in Case Alleging Unnecessary Colon Resection Surgery
February 10, 2015 — After obtaining dismissal of the original client, a gastroenterology clinic, Tim Allen was retained as trial co-counsel for the remaining defendant, Surgical Associates, PLLC. Because the pathology report for a removed section of colon indicated the patient was cancer-free, he claimed that he had undergone an unnecessary colon resection surgery, with associated long-term complications, and sought more than $2 million in damages. After a hard fought four-week trial, Tim and his co-counsel achieved a defense verdict on all claims. Thurston County Sup. Ct. Case No. 12-2-01791-1.
Dismissal of Medical Malpractice Lawsuit Against Psychiatrist
November 4, 2014 — Tim Allen and Dan Mullin served as trial co-counsel for Robert Polakoff, M.D., a psychiatrist who had treated Daniel Habeeb after Habeeb had killed a motorist when suffering a psychotic break while driving. Two years later, Habeeb killed two additional motorists during another psychotic break. The estates of the two motorists sued both Habeeb and Dr. Polakoff, and the claims of one of the estates proceeded to trial. After a hotly contested three-week trial, the jury returned a defense verdict for Dr. Polakoff, rejecting plaintiff’s claims for damages in excess of $3 million and finding Habeeb solely at fault. Following this trial, Habeeb settled with the victorious estate and they jointly sued Dr. Polakoff for medical malpractice. Tim and Dan obtained summary judgment dismissal of this second lawsuit in November 2016. King County Sup. Ct. Case No. 12-11109-0 SEA.
$15.5 Million Jury Verdict for Catastrophic Injuries in Product Liability Case
November 9, 2007 — After a six-week trial, Tim Allen, as part of a team of attorneys, obtained a jury verdict of over $15.5 million for Maria Federici in King County Superior Court. An entertainment center fell out of an open U-Haul trailer at night and crashed through Maria’s windshield, causing her catastrophic injuries. The Complaint named U-Haul International, U-Haul of Washington, the gas station that rented the trailer, and the driver, alleging design defect, failure to provide adequate instructions and warnings with the product at the time of manufacture, failure to provide adequate instructions and warnings post-manufacture, and negligence. The jury found the U-Haul entities to be 67% at fault and the driver to be 33% at fault. King County Sup. Ct. No. 06-2-11563-5.
Multi-Million Dollar Settlements of Bad Faith Claims
2005, 2007 — Representing an injured worker who was assigned bad faith claims against multiple insurers, a team of lawyers including Tim Allen obtained on the eve of trial in 2005 a $12.95 million settlement for bad faith failure to defend against an insurer with policy limits of $1 million. Turning their attention to the excess insurer, the team of attorneys reached a settlement of $4.4 million in the midst of trial in 2007 where the excess policy limits were $5 million. King County Sup. Ct. No. 03-2-23614-4.
The success of any lawsuit or settlement depends on the unique circumstances of each case. We cannot guarantee future results based on past successes we have achieved.