Assessing a Money Verdict for Pain, Suffering and Loss of Enjoyment of Life

Published by Washington State Association for Justice


From the June 16, 2010 Voir Dire Essentials Seminar, 161 pages.

Todd W. Gardner
Todd W. Gardner is a partner in the firm of Swanson Gardner, located in Renton, Washington. His practice is limited to personal injury and wrongful death litigation. Mr. Gardner received his undergraduate degree in economics from the University of Washington in 1977 where he was a member of Phi Beta Kappa and graduated magna cum laude. He graduated from the University of Washington School of Law, with honors, in 1980.Mr. Gardner received the Trial Lawyer of the Year award from the Washington State Trial Lawyers Association in 2004, serves as a WSAJ Eagle, and is a member of the American Board of Trial Advocates, Damage Attorneys Round Table, Million Dollar Advocates Forum and the American College of Trial Lawyers. For the last thirteen years Mr. Gardner has been listed as a “Super Lawyer” by Law & Politics.

Todd Gardner has tried over 50 cases to verdict including 13 cases with damage awards in excess of $1,000,000 and 4 verdicts in excess of $10,000,000. Notable verdicts include:

1. The first million-dollar verdict for the death of a minor in Washington
(Williams v. Children’s Hospital, August 1995)
2. The largest Washington wrongful death verdict at that time for a retired, senior citizen
(Lingen v. John Doe Pharmacy, April 2000 -- $1,900,000)
3. Largest highway design defect verdict in the state
(Ashraf v. City of Seattle, July 2001 -- $13 million)
4. Largest verdict for a brachial plexus injury in the state
(Hansen v. Group Health, November 2003 -- $2.58 million)
5. What was, at the time, the largest medical negligence jury verdict in the state
(Lafferty v. Stevens Hospital, et al, April 2005 -- $17.1 million)
6. Wrongful death verdict for a wife and mother of three.
(Gonzales v. Valley Electric, 2008 -- $8 million)
7. Personal injury verdict for a Seattle firefighter.
(Jones v. City of Seattle, 2009 -- $12.5 million.)
8. Largest personal injury or wrongful death verdict in the state, and largest wrongful birth verdict in the country.
(Wuth v. LabCorp, Valley Medical Center, et al., 2013 -- $50 million)

Originally Published

June 16, 2010

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