O'Leary Shelton Corrigan Peterson Dalton & Quillin LLC

Happy Holidays from our family to yours!

Thank you Best Lawyers for voting us one of the "Best Law Firms" in the United States for 2024!

https://vimeo.com/886879272/838c3d79d8

On Fire For Good This is "On Fire For Good" by Spot Media Transfer on Vimeo, the home for high quality videos and the people who love them.

Congratulations to Partners Jim O'Leary and Jim Corrigan for their inclusion in the Missouri Lawyers Personal Injury Power List for 2023!

We are proud to represent this family and help ensure this needless and preventable loss of life doesn't happen to anyone else.

Family of canoeist who drowned in Missouri River near Chesterfield sues state Caleb Gage of Ballwin drowned last year after his canoe capsized near a low-water dam by Howell Island Conservation Area.

We are happy to report we obtained a verdict for $10M last Friday in the City of St. Louis Circuit Court against Lloyd's of London for bad faith refusal to settle ($5M in compensatory damages and $5M in punitive damages).

Partner Jim O'Leary has been aggressively litigating this case for over 8 years, as a result of Lloyd's shoddy claims handling practices for its insured nightclub related to the shooting death of our client's young son.

Lloyd's was given the opportunity to settle the claim on behalf of the nightclub owner for the $1M policy limits more than once, but declined and now it will cost them 10X more.

Great work team.

Congratulations to Partner Michael Dalton for being named St. Louis Top Lawyer for 2023 by St. Louis Magazine.

Annual Firm Holiday Dinner. Merry Christmas!

Happy Holidays! Annual Partner and Spouse Holiday Dinner.

We are honored to be listed as a Best Law Firm in the United States, according to U.S. News & World reports for 2023!

Proud of partner Michael Dalton for his $1,000,000.00 result on this hard fought case!

We are proud of partners Jim O'Leary and James Corrigan for being selected for the Missouri Lawyers weekly "POWER LIST" of personal injury attorneys for 2022.

We are proud of partners Jim Corrigan and Jim O'Leary who took some time to talk with the Trial Lawyers University about our firms most recent $25,000,000.00 mini-blind verdict.

Window Blind Strangulation - $25M Wrongful Death Verdict + Punitive Damages -Jim Corrigan, James O'Leary, Alan Mortensen, Lance Milne; Hosted by John Campbell - 03/02/22 Window Blind Strangulation - $25M Wrongful Death Verdict + Punitive Damages -Jim Corrigan, James O'Leary, Alan Mortensen, Lance Milne; Hosted by John Campbell - 03/02/22

Merry Christmas! (Photo from our firm dinner last night!)

Happy Thanksgiving from all of us at OSC Law!

To those in uniform serving today and to those who have served in the past, we honor you today and every day. Thank you, Veterans!

OSC LAW WINS $25 MILLION JURY VERDICT FOR MAHE FAMILY

Jim Corrigan and Jim O’Leary and our firm had the honor of representing the Mahe family as a result of the strangulation of Elsie on November 22, 2016 after she became in entangled in the tilt cord of a custom made window blind for their home. When the Mahes purchased their custom window blinds in August, 2008, the Mahes were not told that the CPSC considers window blinds a TOP 5 Hidden Hazard in the Home and considers window blinds a “Silent Killer.” The Mahes were not told that there were options to render their blind child safe such as tilt wands and cordless. The Mahes were not given cord cleats to control the unreasonably long cords on their custom blinds.

Instead, this “custom” blind included tilt cords as standard instead of child safe tilt wands. Century Blinds, the manufacturer, used a warning from 1985 on its 2008 blind, choosing not to comply with the Industry ANSI standard put into effect in 1996 updating the warnings. Century then chose to ignore the ANSI revision in 2002 and the ANSI revision in 2007. Century chose not to include a cord cleat as a safety feature. For 14 cents, the added safety feature could have saved Elise’s life.

Sunny and Reno Mahe were determined to make change in the industry. The Mahes wanted to stand up to Century and its parent company to stop the killing of innocent children, by making it known that Custom Blinds need to be cordless. Manufacturers should no longer use tilt cords. The Mahes rejected a long-standing offer of judgment of $1,050,000 and an offer shortly before trial started of $1,200,000 so that their voices could be heard.

After a hard fought 2 week trial in Utah, with our trial team of the Mahes, Jim Corrigan and Jim O’Leary of OSC Law and Alan Mortensen, Lance Milne and Chris Cheney of DKOW in Utah, the jury found for the Mahes on all 6 claims of strict liability design defect, warning and negligence. Further, despite defendants focusing on the fault of parents in this and similar cases, the jury found ZERO fault against Mahes.

The jury also found that the conduct of Century Blinds was “…willful and malicious, or manifested a knowing and reckless indifference toward, and a disregard of the rights of plaintiffs,” supporting a submission of punitive damages against Century Blinds.

With the help of their attorneys, the Mahes became the first family in the United States to take a case to a jury trial for a corded blind case causing the death of a child and work towards changing the window blind industry by obtaining this historic verdict.

$25M VERDICT ALERT! Partners James Corrigan and Jim O’Leary just received a $25M verdict in Salt Lake City, UT for the parents of a 3-year-old who was strangled by the tilt cord on a window mini blind. Congrats to the whole trial team!

Congratulations Pasternak Cunneen, you are the winner of the cardinals tickets!

WIN CARDINALS TICKETS!!! ⚾⚾⚾
We are giving away set of Cardinals tickets (4 tickets total) to the 3:15 p.m. game on Labor Day. To it's as easy as 1-2-3.
- Follow our Firm Page
- Share this post
- Tag a friend in the comments below
We will announce the tomorrow at 5 p.m. and will send you the tickets via email.
GOOD LUCK!

Great news for our case and our client!

Biomet Fails To Escape Mo. Jury's $21M Hip Implant Verdict
By Rachel Scharf

Law360 (August 3, 2021, 3:48 PM EDT) -- Biomet Inc. can't nix a $21 million jury verdict in favor of a woman injured by allegedly defective hip implants, a Missouri federal judge said Monday as he rejected a slew of post-trial motions brought by the medical device maker.

In three separate opinions, U.S. District Judge Stephen R. Clark denied Biomet's requests for a new trial, judgment as a matter of law or to alter the November verdict entered in favor of Mary Bayes and her husband Philip Bayes over purported issues with Biomet's M2a Magnum metal-on-metal hip replacement product.

Biomet had argued that it was excessive to award $21 million worth of damages to Mary Bayes, who has dislocated her hip 12 times and undergone seven revision surgeries since having both her hips replaced with M2a Magnum implants in 2008.

The company said that number is significantly higher than the damages awarded in other cases over the M2a Magnum product, such as a recent $3.5 million jury verdict out of Idaho. Biomet also cited smaller damages figures entered against other medical device makers who sold allegedly shoddy metal-on-metal hip implants, including in 2016 multidistrict litigation against Johnson & Johnson.

But Judge Clark said Mary Bayes is entitled to higher damages than those other plaintiffs because she's endured far greater pain and been forced to go under the knife more times since her first hip replacements.

"The verdicts returned in other metal-on-metal hip replacement cases involving less-serious damages compared to those suffered by Mrs. Bayes demonstrates that the jury in this matter did not return an excessive verdict," the judge said.

Judge Clark was similarly unconvinced by Biomet's various other arguments, including that one juror's positive COVID-19 test should have resulted in a mistrial and that its victory over the Bayeses' strict liability claim should have automatically nixed their negligent design allegations.

Because negligent design is "inextricably" bound up with strict liability, Biomet had argued, the Bayeses shouldn't have been able to prevail on one claim and lose on the other. But Judge Clark disagreed, finding that the opposing verdicts can be "easily harmonized" under Missouri law.

And even if not, the judge noted, Biomet gave up the chance to object to the dual verdict when it signed off on the jury instructions ahead of time.

"Biomet only objected that the verdicts were inconsistent after the verdicts were returned," Judge Clark said. "Biomet cannot agree to jury instructions and a verdict form, receive an unfavorable verdict, and then argue that the instructions and verdict form produced an inconsistent verdict."

Biomet had also sought to reverse the verdict on the grounds that the Bayes' lawyer, Darin Schanker of Bachus & Schanker LLC, engaged in misconduct during the trial by bringing up outside litigation against Biomet and discussing a failure-to-warn claim that had previously been dismissed.

While Judge Clark agreed that Schanker did run afoul of court rules, he said his instructions for the jury to ignore the inappropriate statements were enough to prevent any prejudice from seeping into the verdict.

"Schanker's misconduct, while unprofessional, did not affect the substantial rights of Biomet, based on the record as a whole," the judge said.

In a comment to Law360 Tuesday, Schanker said he's glad Judge Clark did not allow Biomet to "deflect" from the verdict's validity by referencing these misconduct findings.

"At times, Judge Clark found that I pushed the envelope," Schanker said. "Such incidents were unintentional, and I had only my client's interests at heart. Crucially, Judge Clark found that such incidents were minor in the grand scheme of the trial and did not impact the outcome"

Schanker added that his clients are pleased with the judge's "thorough and detailed" opinions upholding their trial win.

"The Bayes family is happy to have had their day in court with Biomet finally being held responsible for its defective product," he said.

Biomet's counsel declined to comment Tuesday on the orders, but told Law360 they intend to appeal the verdict to the Eighth Circuit.

The Bayeses are represented by Darin Schanker, J. Chris Elliott, Melanie R. Sulkin and J. Kyle Bachus of Bachus & Schanker LLC; Michael Quillin and James D. O'Leary of O'Leary Shelton Corrigan Peterson Dalton & Quillin LLC; James G. Onder of Onder Law LLC; Maurice B. Graham of Gray Ritter PC; Jessica A. Perez of Pendley Baudin & Coffin LLP; and Zachary Wool of Barrios Kingsdorf & Casteix LLP.

Biomet is represented by Adrienne Busby, Andrew L. Campbell, Heather Carson Perkins, John Joseph Tanner, Mary Hershewe, Matthew Albaugh, Michelle M. Tessier, Stephanie A. Koltookian, Stephanie N. Russo, Thomas J. Joensen, Victoria Calhoon, Bryan D. Pasciak and John Mandler of Faegre Drinker Biddle & Reath LLP; Erin Linder Hanig and John D. LaDue of LaDue Curran & Kuehn LLC; and Troy A. Bozarth and Mary Elizabeth Dyer Kellett of HeplerBroom LLC.

The case is Bayes v. Biomet, case number 4:13-cv-00800, in the U.S. District Court for the Eastern District of Missouri.

--Additional reporting by Cara Salvatore, Mike Curley and Sarah Jarvis. Editing by Kelly Duncan.

Update: This story has been updated with comment from the Bayeses' counsel.

Congrats to Karen Hornacek Daniels for winning the Cardinals tickets!! Please DM us your email and we will forward the tickets to you! Thanks everyone for playing!

WIN CARDINALS TICKETS!! ⚾️

WIN CARDINALS TICKETS!!!

We are giving away set of Cardinals tickets (4 tickets total) to the game tomorrow. To it's as easy as 1-2-3.
- Follow our Firm Page
- Share this post
- Tag a friend in the comments below

We will announce the tonight at 9:00 p.m. and will send you the tickets via email.

GOOD LUCK!

WIN CARDINALS TICKETS!!!

We are giving away set of Cardinals tickets (4 tickets total) to the game tomorrow. To it's as easy as 1-2-3.
- Follow our Firm Page
- Share this post
- Tag a friend in the comments below

We will announce the tonight at 9:00 p.m. and will send you the tickets via email.

GOOD LUCK!

Partner Michael Dalton was still able to read to kids this year even though it was virtual!

We are proud of our team's accomplishments in helping those hurt by dangerous and defective products.

“He goes up to hug this kid and he gets stabbed,” said O’Leary.

Great Circle: Webster Groves-based child welfare firm hit by lawsuits, federal raids The nonprofit organization is one of the largest behavioral health programs in the state.