We Speak for You... Our Results Speak for Themselves.

We Speak for You...
Our Results Speak for Themselves.
“Marks Balette & Giessel is a nationally recognized litigation firm focused on the trial of complex, high-stakes civil cases.”
Marks Balette & Giessel, P.C. is a nationally recognized litigation firm
focused on the trial of complex, high-stakes, civil cases.
The firm’s unparalleled commitment, dedication to excellence, and
passion for jury trials have resulted in some of the largest verdicts
and settlements in the country, including:
Our verdict in Waites v. Beverly Enterprises Inc., et al. was recognized in
Lawyers Weekly USA as the second largest verdict in the United
States in 1997.
Marks Balette & Giessel’s 2006 verdict in Mendoza v. Summit Care Corp.,
et al. was recognized by Lawyers USA in its review of the top ten cases
for the year as the second largest personal injury verdict in the
United States, and the third largest nursing home verdict in
U.S. history.
In 2006 and 2007 Ken Connor, who recently joined the firm as a shareholder, obtained the largest nursing home verdicts in the history of
the states of Tennessee and Kentucky.
And in 2009, according to Verdict Search, Marks Balette & Geissel’s
recovery in Goodson v. Luminant represented the largest settlement
ever reported in the United States in a products liability case
involving quadriplegic injury.
“The firm’s unparalleled commitment, dedication to excellence, and passion for jury trials have resulted in some of the largest verdicts and settlements in the country.”
Our Results
SETTLEMENTS AND VERDICTS IN ALL CASES DEPEND ON VARIOUS FACTORS AND CIRCUMSTANCES
WHICH ARE UNIQUE TO EACH CASE. THEREFORE, PAST RESULTS IN CASES ARE NOT A GUARANTEE OR
PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH MARKS BALETTE & GIESSEL MAY UNDERTAKE.
The following are just a few of our verdicts. To learn more about the verdicts below and to
see other verdicts obtained by our lawyers, please visit our website at www.marksfirm.com.
In order to provide a complete understanding of the experience of our attorneys, results
obtained prior to joining the firm are also included.
Verdict: $160 Million
Jury finds that nursing home chain’s scheme to increase its occupancy rate by recruiting
psychotic patients from VA Hospital led to a trail of violence, resulting in five Resident
hospitalizations and serious permanent injury.
Verdict: $83 Million
Jury finds Beverly Enterprises, largest nursing home corporation in the country,
responsible for gross neglect and causing Resident death from infected pressure sore
that penetrated the bone.
Verdict: $47.5 Million
Zurich Financial to pay $47.5 Million in precedent setting case.
Verdict: $33.9 Million
Jury finds NHC negligent for falls and inadequate care leading to Resident’s death.
Verdict: $23 Million
September, 2009: Court approves the largest settlement ever reported in the United
States in a products liability case involving quadriplegic injury.
Verdict: $20 Million
Jury finds that Beverly nursing home staff ignored Resident’s cries for help, and
unaddressed fecal impaction resulted in death.
Verdict: $15 Million
Jury finds Brian Center responsible for gross neglect of nursing home Resident.
Verdict: $13.5 Million
Severe expense reductions by large corporate nursing home chain (Senior Living
Properties) leads to horrific bedsore and systemic neglect.
Verdict: $12 Million
Jury finds that improper intubation in hospital leads to severe brain injury and death.
Verdict: $12 Million
Jury finds Beverly Health negligent: failure to protect nursing home Resident from
sexual abuse and assault, and failure to provide adequate care and treatment, leading
to her death.
Verdict: $10 Million
Jury finds Mariner Health liable for neglect of nursing home Resident, which led to
amputation of her leg.
The bottom line – We are known for our results.
“Our philosophy is founded on the belief that each case we accept requires a level of attention, legal experience and resource commitment, which can only be achieved in a low-volume law practice.”
Our identity as a firm derives from primarily four things:
Our Philosophy
Marks Balette & Giessel limits the number of cases it handles. Our selectivity is rooted in the belief that
each case we accept requires a level of attention, legal experience and resource commitment, which cannot
be achieved in a high volume law practice.
The Background and Experience of Our Attorneys
Marks Balette & Giessel has a deep pool of talented, skilled, and experienced trial lawyers with proven track records.
Our Accomplishments
Our intense and unremitting approach to litigation in conjunction with our trial experience and
record for winning big cases are defining characteristics of Marks Balette & Giessel.
Our Concern for Public Issues
Not only does Marks Balette & Giessel have a long record of winning significant cases, but it is also dedicated
to improving the quality of care for nursing home residents and protecting public health and safety. Members of
the firm have testified before Congress, state legislative bodies and other venues in order to protect and
promote public health and safety.
“We are dedicated to improving the quality of care for nursing home residents and protecting public health and safety.
The firm’s advocacy and leadership inside and
outside the courtroom have resulted in the adoption and implementation of significant remedial measures by long-term care facilities designed to protect residents from future harm.” Our Public Advocacy
Marks Balette & Giessel is committed to improving the quality of care for nursing home
residents and to protecting the public health and safety of all Americans. Our commitment
is demonstrated in four ways:
Improved Safety Measures
By requiring nursing homes we have sued to adopt safety measures will ensure that the problems that gave
rise to our lawsuits do not harm someone else.
Legislation and Public Policy
By promoting the passage of laws and policies that will help protect public health and safety and improve
the quality of care for nursing home residents.
Our Lawyers Teach Other Lawyers
By teaching lawyers, health care professionals, regulators and consumer advocates the most effective ways
to protect hospital patients and nursing home residents from abuse or neglect.
Engagement with Advocacy Groups
By active engagement with public policy and citizen advocacy groups whose mission is to protect the lives,
rights and dignity of the weakest and frailest among us.
Marks Balette & Giessel is a proud supporter of The National Citizen’s Coalition for Nursing Home
Reform, a non-profit advocacy group dedicated to improving the care and quality of life of all nursing home
residents. For more information on The National Citizen’s Coalition for Nursing Home Reform, please
visit their website, www.nccnhr.org.
OUR LAWYERS
David T. Marks has practiced law for over three decades and is widely recognized
not only for his courtroom and advocacy skills but also for his many contributions in
addressing corporate neglect and the quality of care in nursing homes. Mr. Marks is
licensed to practice law in Texas, Tennessee and Kentucky.
Jacques G. Balette, co-founder of Marks Balette & Giessel, P.C. in Houston, Texas,
focuses his practice on complex litigation involving major nursing home corporations
and product manufacturing businesses in the United States. Mr. Balette is licensed to
practice law in Texas, Tennessee, Kentucky and Oklahoma.
Henry P. Giessel has been recognized as a “Legal Legend” in the state of Texas as
a reflection of his accomplishments in the courtroom. Mr. Giessel has practiced law
in Texas for over four decades and has served as both trial and appellate counsel in
numerous notable cases.
Kenneth L. Connor heads up the Virginia office of Marks Balette & Giessel, P.C.
As an experienced civil trial attorney he has handled cases around the nation and has
been included among The Best Lawyers in America. Mr. Connor is licensed to practice
law in eleven states throughout the country.
Jason N. Young has been recognized by his peers in the legal profession by being
selected as a “Texas Rising Star” and currently handles cases in the Houston office.
He represents victims of elder abuse and neglect in several states including Kentucky,
Tennessee, Texas and Washington where he is licensed to practice law.
Camille Godwin has experience practicing before a number of state and federal
appellate courts on a wide variety of legal issues including nursing home neglect and
malpractice, negligent security, commercial litigation and civil rights. Ms. Godwin is
licensed to practice law in Georgia, Florida, Tennessee, Texas and Kentucky.
OUR PRACTICE AREAS
Nursing Home Abuse & Neglect
The abuse and neglect of our frail elders occurs all too often in nursing homes, assisted living facilities
and other long term care institutions in America. Indications of abuse or neglect may include pressure ulcers (bed sores), falls, broken bones, malnutrition, dehydration, bruising, unexplained injuries, and infections.
Catastrophic Injuries
Catastrophic injuries are injuries that result in devastating harm to the victim. They include injuries that produce
brain damage, paralysis, severe burns, amputation, marked disfigurement, post-traumatic stress, or severe poisoning.
Catastrophic injuries can occur for a variety of reasons including vehicular accidents, airplane crashes, defective
products, medical malpractice, electrocution, or environmental pollution.
Defective Products
Defective products are often the cause of serious or catastrophic injury to innocent parties. Sometimes the defects
are the result of flaws in the design of the product and sometimes they result from problems with the way in which
the product was manufactured. In some instances, a product may be unreasonably dangerous because warnings
accompanying the product did not adequately disclose all the dangers associated with its use.
Vehicular Accidents
Vehicular accidents are often the cause of serious or catastrophic injuries. Frequently, such accidents are the result
of driver or operator error, but sometimes they may be the result of the defective design or manufacture of the
vehicle or one of its component parts.
Medical Malpractice
Medical malpractice occurs more frequently in the United States than most people would like to believe.
The Institute of Medicine estimates that 99,000 deaths per year occur in hospitals from medical malpractice.
Medical malpractice occurs from medication errors (wrong medication, wrong amount, wrong patient), retained
objects from surgery, wrong site surgery, missed diagnoses, improper treatment, missed treatments, avoidable
infections, in-house acquired pressure ulcers (bed sores), and a host of other medical mistakes.
Dangerous Conditions
In many instances, serious or catastrophic injuries result from dangerous conditions on the premises of landowners.
Many times, these conditions are not apparent to the user or, in the case of children, the user may not appreciate
the significance of the danger posed by the condition.
For more information about our firm and our lawyers, please visit our website:
w w w. m a r k s f i r m . c o m
10000 Memorial Drive
Suite 760
Houston, Texas 77024
713.681.3070
50 Catoctin Circle NE,
Suite 203
Leesburg,Virginia 20176
703.669.3377