Notable Cases

Experience and Innovation that Lead to Proven Results

Whether it’s an individual or class action matter, when we agree to accept a case we prepare each one to take to trial. But frequently our opponents are hesitant to go to court, based on our preparation, reputation and track record, and decide to settle on favorable terms.

Our ultimate satisfaction comes from doing what’s right for our clients. We’re confident that no firm prepares more thoroughly, thinks more creatively or works harder than we do in this pursuit.

Here are just a few examples of going the extra mile to achieve success for our clients:


$46 million Verdict for Death of Young Couple in Trucking Accident
BFRG attorneys Steve Gorny and Jim Frickleton obtained justice and a $46 million verdict for the families of Jose and Anna Silva after they died in a multi-vehicle collision on Interstate 44 in southern Missouri. The final vehicle into the scene, a tractor trailer, ignited a horrendous blaze that ultimately took the lives of the Silvas. The complex case involved more than 100 witnesses and a team of reconstruction and trucking experts. The verdict was the seventh largest in the United States in 2006.


$20 million Verdict for Paralyzed Teenager
Brad Hudspeth broke his neck diving into an unmarked shallow portion of Lake Quivira, KS. BFRG was called into the case just three months before trial. Jim Frickleton’s trial team immediately attacked the case, finding previously unknown witnesses, taking sworn testimony and crafting exhibits. The jury responded with its verdict, which was eight times more than the last settlement offer, the largest ever in Wyandotte County, and the largest in Kansas in 2007.


$9.25 Million Dollar Settlement for injuries involving cardiac surgery
BFRG partner Jim Frickleton recently concluded the settlement of a major medical malpractice case. Though the settlement terms require confidentiality regarding the parties, BFRG’s client was a patient undergoing a procedure known as a cardiac ablation for purposes of treating an abnormal heart rhythm. During the procedure, as a result of the application of heat to the heart artery, the patient suffered a complete blockage of the left coronary artery resulting in a massive heart attack. Although CPR kept the patient alive, the resulting injuries led to the need for a heart and kidney transplant which will result in life long medical care and treatment. After an extensive discovery process, the parties agreed to a settlement totaling $9,250,000.00.


$600,000 Settlement Against State of Nebraska for Death of Disabled Teen
Jim Bartimus and Mike Rader, representing the parents of Olivia Manes, recently negotiated a settlement with the State of Nebraska for $600,000 regarding the wrongful death of their daughter. 18-year old Olivia Manes was under the care of Nebraska’s Beatrice State Developmental Center due to her disability. Olivia’s anti-seizure medication, that had been successful for the previous 10 years, had been discontinued without any written orders. Despite being taken off her anti-seizure medication, the residential State facility failed to put in place any measures to monitor additional expected seizures. On January 16, 2009, Olivia began to suffer a violent seizure that went undiagnosed and untreated for nearly three hours; by that time Olivia had died from complications resulting from the seizure. Bartimus, Frickleton, Robertson & Gorny have achieved a number of recent successes on behalf of their clients in Nebraska-based cases.


$7.5 Million Verdict for Death Following Gastric Bypass Surgery
BFRG attorneys Jim Bartimus and Brett Votava obtained a verdict of more than $7.5 million for the family of Linda Slater for her death following gastric bypass surgery. Following surgery, the surgeon noted Ms. Slater’s worsening condition but claimed he was told no operating rooms were available. However, nurses working in the operating room testified that rooms were available and they never received a telephone call from the surgeon. The jury returned one of the largest medial malpractice verdicts in Missouri.


Multi-Million Dollar Settlement for Blinded Little Girl
BFRG attorneys Jim Bartimus and Brett Votava filed a lawsuit against an ophthalmologist for failing to treat a preventable eye condition. The baby girl, Haley, was born a few weeks premature. Following delivery, her ophthalmologist identified the signs of retinopathy of prematurity, an eye condition in premature babies, but failed to order any further treatment. Haley is currently blind in both eyes and the money recovered on her behalf has been structured so as to assist her in facing the challenges she will endure throughout her life.


$1.5 Million Verdict for Defective Dune Buggy Death
BFRG attorney Steve Gorny took on a unique product liability claim involving a defect in the restraint system of a custom-made dune buggy.  Dan Mayberry died while driving the four-seat sand cruiser in an Oklahoma terrain park.  The left rear wheel broke off causing the buggy to roll down a sand hill. Mr. Mayberry’s head and torso where thrown outside the roll cage because his restraint system pulled through the fiberglass seat.  Mr. Gorny explained to the jury why a compressible and malleable substance such as fiberglass cannot be used to mount a seat belt.  The Johnson County, Kansas, jury understood and returned a $1.5 million verdict for the Mayberry family.


$450 Million Settlement in Cellular Telephone Class Actions
BFRG became lead counsel in three national class actions against major cellular telephone companies that hid monthly rate increases as federal taxes in bills to their customers. The settlement provided recovery to consumers in an amount equal to the overcharges by the cell phone companies.


$250 Million Settlement in Class Action on Behalf of Uninsured Hospital Patients
BRFG served as lead counsel in class actions filed in California and Missouri against charitable hospitals that overcharged uninsured patients. The cases resulted in wholesale modification of the hospitals’ charitable care policies and refunds to persons who had overpaid on their hospital bills.


$12.5 Million Recovery for the United States in a False Claims Act Case
With Tony DeWitt and Chip Robertson serving as the whistleblowers’ counsel, BRFG assisted the Department of Justice in obtaining reimbursement for fraud on the U.S. government from ambulance service providers who had falsified charges for Medicare patients. This case is one of many False Claims Act cases handled by the firm, many of which remain under seal in various federal courts.