Case Results

Milwaukee, Wisconsin

Utility Pays Injured Boy $25 Million

Deal Settles Suit Against Wisconsin Electric Over Shock From Transformer

by Neil D. Rosenberg,
Journal Medical Reporter

Wisconsin Electric Power Co. has agreed to pay $25.2 million to settle the case of a 6-year old boy who was critically injured when he reached into an unlocked transformer box.

It is the largest settlement or jury verdict ever in a personal injury case in Wisconsin.

The settlement was announced Friday by Attorney Willard P. Techmeier, who represented Matthew Brown and his parents, Donna and Frederick Brown of Franklin. The money will be paid in a single lump sum, he said. The arrangement is subject to court approval.

Donna Brown, appearing with Matthew and her husband in a news conference Friday morning, said she was pleased by the settlement but still shaken by the accident and its aftermath.

"I dont think anybody will truly understand what this has done to us," she said, fighting back tears. "We sat in a hospital waiting room and wondered if he was going to live. He is making wonderful progress, but its never going to be the way it was. Our lives have permanently changed."

John Bartel, senior public information representative for Wisconsin Electric, said Friday that the settlement would not affect rates for users or be adverse to stockholders.

All but about $2 million of the settlement will be paid through insurance carried by the company, Bartel said. The amount that the company will pay has been already reflected in Wisconsin Electrics 1990 annual report.

On Oct. 2, 1990, Matthew reached into an unlocked transformer box in Oak Creek, where he was visiting relatives, and suffered a 4,800-volt electrical shock.

The shock virtually blew his left arm off. Physicians amputated his left arm and shoulder joint and his right arm below the elbow, and removed a portion of his digestive tract and much of his abdominal muscle.

Matthew remained in the hospital for two months and has since been outfitted with two electrically operated artificial arms. He will likely need further skin grafts, and he suffers from emotional and psychological injuries as well, his attorneys said.

"Although no amount of money will bring back Matthews arms or take away the pain he has suffered and will suffer in the future, the settlement will adequately provide for Matthews future needs," Techmeier said.

After remarks by Techmeier and his mother, Matthew joined the news conference. He alternately beamed at the audience of reporters and photographers and hid his face behind one hand. He happily answered questions about school and he said he was feeling fine.

Donna Brown said her son was receiving regular physical therapy but not psychological counseling. Most of his classmates responded well to Matthew, though he was occasionally teased by them, she said. Sometimes children told him he couldnt join in a game because "you cant do that," she said.

"Depending on his mood, sometimes he shows them that he can do it, and sometimes he walks away dejected," she added.

Techmeier said the settlement was based on Matthews present and future medical, social and occupational needs.

"Weve tried to create a life-care plan that would be comprehensive and cover all his needs," he said.

Before this case, the largest award or settlement in Wisconsin was for $24.7 million, in a malpractice case involving Doreen Ready and her husband, Randy, a former in-field for the Milwaukee Brewers.

In that 1990 award, the jury said a Milwaukee physician was negligent and caused injuries suffered by Doreen Ready. The physician prescribed and sold her diet pills that the Readys lawyer claimed caused a heart attack and left her a spastic-quadriplegic.

Utility Was Alerted To Danger

Techmeier contended in a suit filed against the company in November 1990 that Wisconsin Electric Power Co. had been notified on August 9, 1990, nearly two months before the accident, that the padlock was missing on the transformer, but it was never replaced.

Richard Abdoo, the firms chairman, apologized for the accident two days after it happened and said the company accepted full responsibility.

The Brown family has filed the suit against the utility in part, they said, to make sure such an accident would never happen again.

As a result of the accident, the power company announced that it would replace or re-fit old transformers with additional safety and protection devices; intensified its reporting method for hazardous situations with its equipment; and started a special safety campaign for children regarding electrical equipment.

Legal Fees Discounted

Traditionally, legal fees would amount to 33% of a settlement, plus costs. In this case, that would total nearly $8.5 million. Techmeier said that the firm would discount the traditional arrangement in this case, but he did not specify the exact arrangement. He said fees would have to be set and approved by the court. The settlement agreement will be heard on March 31 in Milwaukee County Circuit Court.

The law firm says it will use a portion of its fees to establish a fund to help disabled children such as Matthew. Techmeier said that the decision was made "because we have been profoundly affected by working with Matthew and his family."

Details about the size of the fund and who would qualify for benefits have not yet been worked out, he said.

Journal reporter Joanne Weintraub contributed to this report.

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