Deborah Chang, Randi McGinn, Zoe Littlepage,Frank D. Penney and Joshua Boyce
Michaud, Namagembe and Kataregga v. United States of America
Esther Nakajjigo was raised in Uganda by an unwed teenage mother in a two-room home with a dirt floor. From these humble beginnings, she became a spokesperson for women and girls as a teenager, and at the age of 17, she started and operated her own hospital. The next year, she
became Uganda’s first Ambassador for Women and Girls. Esther then created the most successful reality television show in Uganda by turning the camera’s focus on the plight of unwed mothers. The television series empowered women throughout the country and led to improved gender equality in Uganda. Esther came to the United States to attend a leadership program for humanitarian entrepreneurs. She was just 25 years old when she was tragically killed while exiting Arches National Park in Utah when an unsecured swing arm gate swung into traffic, pierced through the passenger side of the car, and decapitated her. Her newlywed husband, who was driving the car and sitting inches away from his wife, was covered with her blood and body parts. Esther’s husband and parents alleged that the United States Park Service was negligent in maintaining and operating the park’s swing gates, leading to Esther’s death. The United States admitted fault, and the trial in federal court proceeded on the issue of damages. The trial was followed closely by Esther’s fans in Uganda, and Ugandan news outlets observed that the American system of justice was “on trial” before the worldwide stage. The result was the largest wrongful death verdict issued by a federal judge in Utah history. As a result of this case, all parks in the United States Park systems now have secured posts/locking mechanisms on swing gates. This case confirms that record verdicts in important cases can be achieved by a trial team comprised entirely of women.
Travis M. Corby
Courtney v. Health Net. Inc., et al.
David M. deRubertis and Brennan S. Kahn
Martinez and Page v. Southern California Edison Co. and Edison International
Daniel M. Hodes and Jacob Brender
Andreeff v. Southern California Permanente Medical Group
Matthew Andreeff suffered from neurofibromatosis, which caused him to develop skin lesions. He also suffered from chronic kidney disease. Immediately before undergoing elective surgery for the excision of a neurofibroma on his abdomen, he suffered an acute kidney injury. At the direction of a Kaiser hematologist, he was given two medications, DDAVP and NovoSeven. Andreeff also had chronic kidney disease. NovoSeven had never been tested for use in patients with acute kidney injury or chronic kidney disease, nor had NovoSeven ever been tested in combination use with DDAVP. Surgery was uneventful, but the next day Andreeff’s creatine level rose dramatically. He was transferred to intensive care and placed on a ventilator. Four days later he was taken off the ventilator but did not awaken, and a CT scan showed he had suffered a large stroke. He will need 24/7 care for the rest of his life. The elective surgery should not have gone forward with clear evidence of an acute kidney injury superimposed on chronic kidney disease; the surgeon should have postponed the surgery until Andreeff’s kidney function was optimized. Had surgery not gone forward, Andreeff would not have suffered his stroke. His surgeon testified that she was not responsible for clearing him for surgery, but his primary care physician and nephrologist both testified that she was. Also, the medications he received before surgery were significant contributing factors to his stroke. The hematologist who prescribed the medications testified that she believed Andreeff had an 8-10% chance of a blood clot that could lead to a stroke as a result of the drugs. During the arbitration hearing, Hodes and Kaiser’s attorneys argued over how many hours of care Andreeff would need each day, as well as what his life expectancy would be. The arbitrator ruled in favor of Andreeff and awarded him more than four times the amount Kaiser had offered.
Ted W. Pelletier, Sarah E. Gilson and Marissa Y. Uchimura
Ramirez v. Avon Products, Inc.
David Rudorfer, Wyatt A. Vespermann, Sheri S. Manuwaland Robert I. Manuwal
Gray v. Pasadena Unified School District
Latrina Gray was an 11-year-old special needs child who was emotionally disturbed and developmentally delayed. She had a terrible history of abuse since birth. By age 10, Latrina had been transferred from more than a dozen group homes and had multiple hospitalizations for suicidal thoughts and psychotic delusions. She was at a Pasadena Unified School District school for special needs children when she was sexually assaulted by three students who dragged her behind a building and penetrated her digitally and with a large paper clip. The assault took place after a teacher’s assistant left the students unsupervised. The assault caused Latrina to have a mental breakdown and ultimately placed in a mental institution, where she remained for years. She was the example of the most vulnerable and helpless in our society. The defense argued that
her psychological harm was not caused by the assault but was pre-existing, and contended she was lying about the assault. To prove the assault, the attorneys focused on Latrina’s mental state before versus after the event. Her therapist testified that Latrina went from minor behavioral issues before the assault to major outbursts and overt sexual misconduct afterwards. As trial approached, it became clear that Latrina was psychologically unable to testify about the incident or her harm. As a result, Latrina was declared unavailable under the evidence code due to her psychological injuries. The court ordered that the jury was not allowed to be told why she was absent from trial, which was very challenging considering she had no family or friends to testify on her behalf. Despite these difficulties, after a three-week trial, the jury awarded Latrina significant compensation, all in noneconomic damages. This case shows that negligence victims with psychological traumas who cannot withstand the pressures of trial can still get full justice.
Jennifer R. Johnson
(case name is confidential)
Maria Kelly
Fuller v. Fox
Rob Marcereau
Villegas, et al. v. Bayview Service Group, Inc.
In recognition of excellence in trial advocacy and dedication to teaching trial advocacy to fellow lawyers and to the public.
Kirsten Fish
Kirsten Fish is the recipient of the Robert E. Cartwright, Sr. Award, given “in recognition of excellence in trial advocacy and dedication to teaching trial advocacy to fellow lawyers and to the public.”
Fish is a partner at Needham Kepner & Fish in San Jose. Her undergraduate degree is in chemistry, but she was inspired to become an attorney by her mother. “My mom was a nurse for many years and went to law school when I was in high school,” she said. “She had two teenage daughters and a nursing job and went to law school at night. She went from being a nurse to being a medical malpractice attorney.”
Fish has played a key role in presenting CAOC’s annual What’s New in Tort & Trial seminar since 2010. “I love doing that seminar because I not only feel like I’m educating everyone else, but I learn something new myself every time,” she said. “Every single year I pick out at least two or three cases where I think, I didn’t know that, that’s a great argument, that’s something I can use in one of my cases.” She also spent 14 years teaching legal research and writing to first-year law students at Lincoln Law School in San Jose, where she was three times named the school’s Professor of the Year.
Fish was one of the recipients of CAOC’s Street Fighter of the Year award in 2014, representing a senior citizen who was sexually assaulted at a skilled nursing facility, and she has done numerous seminars on financial elder abuse. She says elder abuse litigation is “a huge passion of mine. Elders are this vulnerable segment of our society that, unfortunately, are so abused and neglected at times. I feel really honored to be a voice for them and to work to try and get justice on their behalf.”
In recognition of continued guidance, loyalty and dedication all of which have been an inspiration to fellow attorneys.
Deborah Chang
Deborah Chang has been selected for the Marvin E. Lewis Award, given “in recognition of continued guidance, loyalty and dedication, all of which have been an inspiration to fellow attorneys.”
Chang is a partner and trial attorney at Chang | Klein LLP and also a partner and founder of Athea Trial Lawyers LLP. “I always felt compelled to serve the greater good, to do something that could effectuate change and help others,” Chang said. “That’s something I learned very early, so the law was a natural fit.” She started her legal career on the defense side. “But with that passion for doing the greater good, my first year doing defense work I also brought the first case in the country on behalf of prisoners with AIDS. It changed the way that prisoners were housed and treated and received medical care.”
Chang’s service to CAOC includes her term as the association’s president in 2021. She received CAOC Women’s Caucus 2017 Women Consumer Advocate of the Year Award for outstanding commitment to furthering the education and careers of women trial lawyers and was one of the recipients of CAOC’s Consumer Attorney of the Year honor in 2014.
“I found my home with CAOC, with likeminded people that I trust with my life,” she said. “We help each other, we learn from each other, we grow from each other. I know that CAOC is an organization that welcomes my ideas and contributions, and that will use my money, my efforts and my energy for the greater good, to change laws, and to create new laws. I can’t imagine not being involved with CAOC. I try to let people know that CAOC is vital to the very existence of every lawyer who does plaintiffs work. If there is no CAOC, there is no one watching out for us.”
CAOC's Women's Caucus is proud to honor Christa Ramey for her outstanding mentorship, dedication to her clients, and steadfast commitment to educating legislators on the important role our civil justice system plays in protecting Californians.
CHRISTA RAMEY
Senator Scott Wiener
State Senator Scott Wiener (D-San Francisco), one of the most courageous and strategic legislators in California, was the author of Senate Bill 365, co-sponsored by Consumer Attorneys of California and signed into law by Governor Gavin Newsom in September. SB 365, effective January 1, 2024, protects workers and consumers from the delay tactics corporations use when a trial court rules that a forced arbitration agreement is invalid. SB 365 was one of only three bills that were enacted into law this year despite being labeled a so-called “job killer” by the California Chamber of Commerce. Sen. Wiener’s deft handling of the bill and strong advocacy helped CAOC beat the odds and bring much needed relief for Californians stuck in a legal limbo.
Sen. Wiener was elected to represent Senate District 11 (which includes all of San Francisco as well as some neighboring communities on the Peninsula) in 2016 and re-elected in 2020. Prior to that, he served six years on the San Francisco Board of Supervisors and practiced law for 15 years, both in private practice and as a deputy city attorney in the San Francisco City Attorney’s Office. He is a graduate of Duke University and Harvard Law School.
Sen. Wiener is a past chair of the California Legislative LGBTQ+ Caucus. He co-chaired the Alice B. Toklas LGBTQ Democratic Club, BALIF (the Bay Area’s LGBTQ bar association) and the San Francisco LGBTQ Community Center, and he served on the national board of directors of the Human Rights Campaign, the nation’s largest LGBTQ civil rights organization.
In his service on the Senate Judiciary Committee, Sen. Wiener is an unflagging voice for consumers, committed to a more just society. CAOC is proud to honor him as our Legislator of the Year.
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