Facts

In 2003, Gloria Rodriguez retained Graiwer & Kaplan law firm to represent her in a workers' compensation claim. She sustained workplace injuries, including respiratory problems, that were attributed to chemicals that she worked with in her job at a food flavoring plant.

Rodriguez was exposed to Diacetyl, a chemical used as a butter-flavoring for popcorn and other foods. The chemical had been linked to a lung disease called bronchiolitis obliterans, which causes permanent lung damage, sometimes requiring lung transplant. The disease is now commonly referred to as "popcorn lung" because of increased prevalence among workers who make popcorn butter flavoring.

Two years after settlement of the workers' compensation case, Rodriguez was referred to the Metzger Law Group in 2006, which specialized in toxic-exposure injuries. The Metzger Law Group determined that she had a viable claim against the Diacetyl manufacturer, but that her claim was now time-barred under the applicable statute of limitations. Following this, Rodriguez and her husband retained Blumberg Law Corporation and Metzer Law Group and filed a legal malpractice suit against Graiwer & Kaplan, and the second lawyer who subsequently represented her for their failure to give her advice about suing the manufacturer.

PLAINTIFFS' CONTENTIONS:
Plaintiff contended that she was never advised that she had a third-party tort claim, although she attributed her lung problems to chemical exposure, and despite the fact that Graiwer & Kaplan received medical reports confirming that plaintiff's lung problems were related to workplace chemicals.

DEFENDANT'S CONTENTIONS:
Defendant Graiwer & Kaplan contended that its representation of plaintiff was limited to the workers' compensation claim and that it had no obligation to advise her regarding other possible claims. Defendant further contended that plaintiff did not have the rare lung disease diagnosed by her experts and that Diacetyl has not been proven to cause bronchiolitis obliterans.

Settlement Discussions

Before trial, plaintiffs demanded $1,600,000. Defendants offered $250,000. The subsequent lawyer, who represented plaintiff in her workers' compensation claim, settled for an undisclosed amount prior to trial.

Result

The judge found, when granting plaintiffs' motion for directed verdict, that defendants were negligent in their representation of Ms. Rodriguez. The jury found that defendants' negligence was a substantial factor in causing plaintiffs to lose their ability to sue the manufacturer of Diacetyl. Further, the jury found that Diacetyl causes bronchiolitis obliterans and that Ms. Rodriguez suffers from bronchiolitis obliterans. The jury also found that plaintiffs would have, more likely than not, been successful in their products liability claims against the Diacetyl manufacturer. After three weeks deliberation and on 9-3 votes as to several matters, the jury determined that Rodriguez should receive $2,012,600 and her husband should receive $175,000 for loss of consortium damages. Plaintiffs will seek CCP 998 interest of approximately $167,000.

Deliberation

three weeks

Length

two weeks