Richard H. Schoenberger

San Francisco • Traumatic Brain Injury, Paralysis, Medical Malpractice, Product Liability, Government Liability, Aviation Disasters & Wrongful Death Claims

Rich Schoenberger is a partner at Walkup, Melodia, Kelly & Schoenberger, a San Francisco trial firm that focuses on catastrophic injury cases.

His two most recent jury trials were the cases of Patient v. Hospital et al. followed by Lindquist v. The State of California Department of Transportation. The first, a personal defeat and the second, a resounding victory, Schoenberger said.

Patient v. Hospital et al was a medical malpractice case arising out of the birth of Lily, whose head was disarticulated from her spine during the delivery causing her to be rendered a tetraplegic, he said.

"It was a case that went in well and after a several-week trial, we thought we had it won; so did the defense," Schoenberger said. "They offered a high-low a few days before closing argument. We were confident but not reckless. We negotiated the high-low and a few days later ... we lost."

Despite the defense verdict, Lily's case actually ended up settling for a total of $24 million.

"Lily's monetary recovery turned out to be enormous due to pretrial settlements and the significant 'low,'" Schoenberger said. "I told myself, because it's true, that her receiving lifesaving compensation was the only thing that mattered. But I was profoundly disappointed and self-critical. For a while. A bit knocked down. Then I got over myself. Little Lily died prematurely last month. She was the bravest person I've ever known. Her parents are close seconds."

In Lindquist, Schoenberger, along with colleagues Doug Saeltzer and Joe Nicholson, represented a man (and his spouse for her loss of consortium) who drove his motorcycle on the paved shoulder to the right of six cars lined up at a stoplight.

Lindquist proceeded to make a right-hand turn at the intersection at the same time that the lead car at the stoplight also turned right. A collision ensued. The Lindquists contended that the intersection was confusing and that Lindquist's presence in the shoulder was a byproduct of the intersection's poor design as opposed to his own negligence.

"Lindquist was catastrophically injured, but the case had enormous challenges -- motorcycle operator, driving in a shoulder, passing cars on the right, a public entity defendant and no prior accidents to support plaintiffs' novel dangerous condition theory," Schoenberger said. "The offer was extremely low and the $16 million verdict this last August was very satisfying."

Neither outcome was possible without a jury trial, which is a concern he raised about the future.

"I'm worried that increasing numbers of trial lawyers shy away from trying cases," Schoenberger said. "And don't get me wrong. Trying cases can be scary. And losing is painful. But experiencing a job well done in the courtroom is the highest of highs. And the jury trial is a hallmark of our constantly tested and struggling democracy. So, if this recognition among such an accomplished group of plaintiff lawyers means anything, I'm hopeful that one person who is on the fence as to whether to take a case to trial will read these profiles and be inspired to go for it."