Bovino & Associates

Paul Eisen

Aspen Attorney David Bovino Wins $22 Million Medical Malpractice Verdict On Behalf Of Client

In March 2012, Aspen attorney David Bovino secured the highest-awarded medical malpractice lawsuit in the history of Santa Clara County, California at $22 million.   The case—Robyn S. Frankel v. Palo Alto Medical Foundation Group—focused on a physician’s use of a cerebral angiogram without informing the patient of the potential risks.  As a result of the procedure, the patient suffered a stroke that resulted in significant paralysis.  In 2006, the woman’s medical team decided to give her a cerebral angiogram in an attempt to better understand why she’s suffered from migraine headaches her entire life. The procedure called for her doctor to inject a special dye into a vein to more closely examine what was believed to be the cause of her headaches.  However, the victim was not told that the procedure was invasive, risky, and associated with several potential side effects. The jury came to the final decision that the patient was not given informed consent. With the help of expert witnesses, Aspen attorney David Bovino and his colleagues were able to prove that the procedure was not medically necessary, as there were no health benefits associated with its performance. The test would not provide any information that wasn’t already available through various non-invasive tests. At the time of the procedure, the victim was raising two children while also enjoying a successful career as a property manager.  As a result of the stroke, she was left in a coma for six weeks. Upon awakening, she had limited use of her left side and no use of her right side. Furthermore, she was unable to speak for several months after the incident. In an article detailing the case, the victim was quoted as saying: “I was bedridden. I used to participate in all my children’s activities in and out of school. I used to ride horses and be involved with vaulting, which is gymnastics on horseback. I can no longer do any of these activities.” Adding another layer of challenges was the fact that the initial case was dismissed in May 2010 with prejudice. This resulted in the victim’s original attorney dropping the case. Upon hiring Aspen attorney David Bovino, along with co-counsel Emison Hullverson Mitchell, the case was reopened after proving triable issues of fact. The verdict resulted in a $22 million award, with $14 million for economic losses and future care, $6 million for pain and suffering, and $2 million for past medical expenses and losses in earnings. This record-setting medical malpractice verdict is just one of many notable legal victories achieved by Attorney David Bovino. David Bovino is a long-time resident of Aspen, CO and the founder of Bovino & Associates, a boutique firm specializing in complex litigation, family law, estate planning, and more.  He earned his law degree from Golden Gate University School of Law in San Francisco, and gained international law experience at the International Court of Justice in The Hague, Netherlands. He invites you to schedule a free consultation with him today to discuss your legal needs.

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Aspen Attorney David Bovino Secures Win in Major Lawsuit Against Aspen-Pitkin County Housing Authority

Aspen attorney David Bovino and his colleagues represented the Centennial Owners Association against the Aspen-Pitkin County Housing Authority, Pitkin County, and the city of Aspen in a lawsuit regarding liability for housing repairs, including those associated with toxic mold. The homeowners filing suit initially ran into resistance when its original filing against the Aspen-Pitkin County Housing Authority, Pitkin County, and the city of Aspen was thrown out.  However, thanks to an appeal, the owners were able to eventually move forward. Centennial is well known as Aspen’s first affordable housing development. It was made possible through a public-private partnership with the city, county, developer, and newly-formed housing authority. Sadly, for many years, owners within the seven-building complex complained about living conditions, more specifically what they claimed to be high levels of toxic mold. They argued that it was not only detrimental to their health but also to the resale of the 92 deed-restricted units. Here’s an excerpt from a legal brief published by The Aspen Times: “These problems include rotting walls, structural beams and load-bearing studs, which place the buildings ‘at risk of imminent structural failure.’ Additionally, potentially toxic mold presents throughout the complex.” Despite the many legal challenges along the way, attorney David Bovino was able to help the Centennial Owners Association overcome resistance from the Aspen-Pitkin County Housing Authority, allowing them to advocate, through litigation, for changes to the employee-housing structure that puts owners at a disadvantage. This victory is just one of many notable legal cases managed by Bovino and his team. A long-time resident of Aspen, Colorado, David Bovino is the founder of Bovino & Associates, a boutique law firm specializing in complex litigation, real estate, family law, estate planning, and more. Bovino belongs to the Colorado Bar Association, California Bar Association, Pitkin County Bar Association, Los Angeles County Bar Association, American Bar Association, and American Association for Justice. He invites you to join him for a free consultation today to discuss your legal needs.

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Aspen Attorney David Bovino Achieves Settlement in Wrongful Death Suit Asserting $25 Million in Damages

In 2016, Aspen attorney David Bovino and colleagues achieved a confidential settlement on behalf of client Juliana Pfister after filing a wrongful death lawsuit asserting $25 million in damages, for the murder of her mother.  Juliana Pfister is the daughter of the late Nancy Pfister, a well-known socialite in Aspen, Colorado.  In 2014, Nancy Pfister was killed in her home by William Styler, a former tenant who became angered when she added interest to his unpaid rent.  According to an article published by the Aspen Daily News, “The lawsuit echoes the sentiments of many in law enforcement that Styler could not have committed the murder alone.” Styler said that he struck the victim several times with a hammer while she was sleeping. He also told police that he tied up the victim’s body, placed it in a trash bag, and carried it to a nearby closet. However, the man suffered from a severe neurological condition, one that made it impossible for him to walk on his own into the courtroom. As a result, it was argued by Pfister’s attorneys that his wife might have aided or at least been complicit in the homicide. With the help of Bovino & Associates, Pfister filed a lawsuit against the killer’s wife, seeking more than $25 million.  As a result of a stipulation motion filed by Pfister’s attorney in U.S. Bankruptcy Court in Massachusetts, she received $850,000 of the $1 million life insurance benefit left to Styler’s wife after he committed suicide in prison. The Pfister wrongful death settlement is just one of many legal victories achieved by Aspen attorney David Bovino and his team. A long-time resident of Aspen, Colorado, David Bovino is the founder of Bovino & Associates, a boutique firm specializing in complex litigation, family law, estate planning, and more. Bovino belongs to the Colorado Bar Association, California Bar Association, Pitkin County Bar Association, Los Angeles County Bar Association, American Bar Association, and American Association for Justice. He invites you to join him for a free consultation today to discuss your legal needs.

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