Randall H. Scarlett Attorney

First Admitted: 1988, California

Professional Webpage: https://www.scarlettlawgroup.com/about-our-firm/randall-h-sc...

Bar/Professional Activity:

Associate, American Board of Trial Advocacy, 2013
U.S. District Court District of Hawaii
Member, Brain Injury Association of America (BIAA)
Past Chair, Traumatic Brain Injury Litigation Section, American Association for Justice
Member, Academy of Trial Professionals
Member, Washington District of Columbia Bar Association
Member, Southern Trial Lawyers Association
California Supreme Court
Member, Bar Association of San Francisco
U.S. District Court Eastern District of California
Member, Board of Directors, American Board of Professional Liability Attorneys (ABPLA)
U.S. Supreme Court
Vice-President, Board of Directors, California Brain Injury Association (CALBIA)
Member, American Association for Justice
Member, Marin Brain Injury Network
Member, Consumer Attorneys of California
District of Columbia
Member, Nevada Trial Lawyers Association
U.S. District Court Southern District of California
San Francisco Trial Lawyers Association, 2007
U.S. Court of Appeals 9th Circuit
Member, Board of Directors, California Brain Injury Association (CALBIA)
U.S. District Court District of Alaska
Member, North American Brain Injury Association (NABIS)
Member, Leaders Forum of that organization
Associate Member, American Board of Trial Advocates
Member, State Bar of California
Member, Western Trial Lawyers Association
U.S. District Court Northern District of California
Member, San Francisco Trial Lawyers Association
U.S. District Court Central District of California
Member, Academy of the Trial Advocacy

Verdicts/Settlements (Case Results):

In this case, Mr. Scarlett traveled to North Carolina and tried a medical negligence case—failure to diagnose bacterial meningitis—with Charles Monnett, Esq. Plaintiff, a 1-year-old child, is taken by ambulance to the Emergency Department of a prominent North Carolina hospital following an accident at home where a TV fell on his head. There is no reported loss of consciousness. Plaintiff is admitted to the PICU for observation after initial CTs revealed multiple skull fractures. Plaintiff’s behavior and mentation are consistently described in the medical records as normal. Plaintiff is transferred to the floor after 10 hours of observation in the PICU. 5 hours after transfer to the floor Plaintiff spikes a fever to 104.8. Plaintiff’s doctors elect not to administer antibiotics or perform a lumbar puncture following the fever. They do order a blood culture that shows the presence of gram-positive bacteria in the Plaintiff’s blood when the results are reported the following day. After the culture results, a diagnosis of possible pneumonia is made and antibiotics are given at levels insufficient to treat meningitis. The doctors decide not to do a lumbar puncture or treat with meningitis dosages of antibiotics because of Plaintiff’s “normal mentation.” By the following morning Plaintiff’s neurological status has significantly declined. It is too late to save Plaintiff from severe neurologic complications by the time the diagnosis of meningitis is made, and proper treatment begins. Plaintiff is seen by more than 25 doctors before the diagnosis of meningitis is first made. I elected to file suit only against the entity that employed the doctors and not against any individual health care provider. We also made a strategic decision not to depose any of the treating doctors. Over the years we have had several cases where the records were favorable to us only to have those helpful portions explained away at deposition. I was determined to make the defendant try the case on the records as written. Without additional explanations not in the records, the defense experts were forced to base their opinions on the records alone. Not naming individual doctors also limited the number of defense counsel. We did take a 30(b)(6) depo of the defendant to establish it employed all of the key providers. There was no offer from the defendant at mediation or before the liability verdict and subsequent $13 Million settlement., 2016
In Atalia v. Miller, et al, Mr. Scarlett was appointed lead counsel in a coordinated action involving a multi-vehicle/truck accident taking place on one of the busier Bay Area freeways. Mr. Atayde was killed as a result of that accident and was survived by his wife and children, Mr. Scarlett coordinated the action and after extensive settlement conferences, the matter was resolved without the need of trial for $5 Million., 2018
On June 16, 2015, the San Francisco Superior Court approved an $11 million settlement between Brynn K. Stoll and the City and County of San Francisco, the State of California Department of Transportation (Caltrans), and Andre Richardson. The plaintiff, Ms. Stoll, was represented by Scarlett Law Group. While walking to class on February 28, 2013, Ms. Stoll had been struck by a light rail vehicle at the median of the intersection at 19th Avenue and Junipero Serra Boulevard. According to Ms. Stoll, the light rail vehicle operator, Andre Richardson, struck her after running through a red light. She explained that the intersection was dangerous because the traffic light timing sequence did not provide light rail vehicles with enough time to clear the intersection before pedestrians were signaled to cross. She also claimed that there was no indication where it was safe to stand in the median. Ms. Stoll sustained a traumatic brain injury and multiple skull fractures as a result of the accident. She also fractured her pelvis, hip, clavicle and ribs. She underwent numerous surgeries and was even in a coma for five weeks. She has since regained the ability to walk, but she is not expected to ever fully recover. Randall Scarlett explains that “With these settlement funds, Brynn Stoll will receive the care and treatment her injuries demand throughout her lifetime.”, 2015
Wright v. St. Rose Hos[ital, et al This medical negligence action involved a physcian's failure to diagnose H-Flu Meningitis in a then 7 month old girl. The tragic result was quadriplegia with severe brain injury. Mr. Scarlett achieved a $26,053,000.00 verdict on behalf of plaintiff in Alameda County Superior Court after a 7 week hotly contested trial , 1995
In Re Marcos International Human Rights Cases Mr. Scarlett served as co-lead class counsel, and lead counsel on behalf of the direct action plaintiffs in this complex international human rights case. Tried in three phases before the Honorable Manuel Real, sitting on MDL assignment in the United States District Counrt for the District of Hawaii, the jury ultimately awarded $1.2 Billion in exemplary damages and millions of dollars in compensatory damages to the plaintiffs. This case is recognized as one of the most important international human rights cases ever brought in United States Courts., 1994
Shi v. Coach U.S.A., et al Mr. Scarlett represented the plaintiff, a 52 year old woman who was struck in a crosswalk by a Coach U.S.A tour bus, making an illegal left hand turn. Plaintiff sustained a moderate traumatic brain injury necessitating decompression and evacuation. The jury awarded plaintiff a verdict in the amount of $22.8 million, the highest non-punitive damage award for a brain injured individual in San Francisco, California, and one of the highest awards in the nation during 2007. , 2007
Jones, et.al., v. State of California (CALTRANS), et. al., Monterey County Superior Court. On February 25, 2014, a Monterey County jury awarded Mr. Scarlett's clients $9,406,186.53 (total verdict $18,681,052.00) as a result of the negligence of a big rig driver combined with a dangerous roadway (St. Rte. 156), which resulted in the death of plaintiff's mother. , 2014
Rasmussen v. Shade, et al Mr. Scarlett represented plaintiff who sustained a mild traumatic brain injury when the vehicle which he was operating was struck from behind. The impact was extremely slow, causing less than $500.00 damage to plaintiffs car. Nonetheless, Mr. Scarlett was able to establish to the jury's satisfaction that plaintiff sustained a brain injury. The jury ultimately awarded plaintiff $1.248 Million in order to compensate plaintiff for his injuries. , 2005
Bianchi v. Gordon Trucking, et al Mr. Scarlett represented the plaintiff, a 21 year old young man who sustained a severe traumatic brain injury when the car in which he was a passenger was struck by a truck which had been involved in a truck vrs truck accident only moments before. The jury awarded plaintiff $49.123 Million recognizing the extremely costly future care needs necessitated by plaintiffs catastrophic injuries. The award was the highest non-punitive award for a brain injured individual in Santa Clara County (San Jose) and one of the highest awards in the nation during 2009. , 2009
Cole v. Wend Defendants, et al Mr. Scarlett represented plaintiff Matthew Cole, a 28 year old drywall worker who sustained a moderate traumatic brain injury when the car in which he was a passenger struck farm equipment stopped on a two lane rural highway. The jury awarded $10.651 Million to plaintiff. The award is the largest non-punitive jury award for a brain injured individual in Stanislaus County (Modesto), and was one of the highest jury awards in California and the nation during 2011. , 2011

Videos:

Intoduction to Mr. Scarlett's firm., Scarlett Law Group, 2012

Representative Clients:

Mr Scarlett exclusively represents plaintiffs in cases involving traumatic brain injury, spinal cord injuries, catastrophic personal injury, and other serious wrongs.

Special Licenses/Certifications:

Diplomat, Board Certified, American Board of Professional Liability Attorneys

Pro bono/Community Service:

Member, 10 Million Dollar Lawyers Club

Honors/Awards:

Fellow, Knights of the Bar
Oxford's Who's Who
Member, Million Dollar Advocates Forum
Fellow, Trial Advocacy, National College of Advocacy
Who's Who in American Law

Scholarly Lectures/Writings:

Lecture, North America Brain Injury Society's (NABIS)
Lawdragon Magazine
San Francisco Magazine

Other Outstanding Achievements:

"The Mel" - Awarded by the Melvin M. Belli Society - an international trial lawyers association to that individual recognized as an advocate, teacher and example of a leader of the bar., 2011
Finalist, Trial Lawyer of the Year - San Francisco Trial Lawyers Association, 2010
Finalist, Trial Lawyer of the Year - San Francisco Trial Lawyers Association , 2006

Industry Groups:

Board Member American Board Of Professional Liability Attorneys
Consumer Attorneys Of California
Past Chair And Current Board Member Traumatic Brain Injury Litigation Group AAJ
Past President And Current Board Belli Society
Past Vice-President And Current Board Member California Brain Injury Association
Presidents Club Member American Association For Justice
Southern Trial Lawyers Association

Contact Randall

All the below fields are required