On a sunny summer day in San Jose, California, a father and son eagerly prepared for a family outing to a San Francisco 49ers training camp session. Adorned in scarlet and gold, they stopped by a relative’s home to convene with the rest of the family. The four-year-old boy noticed his great uncle’s large English Bulldog lying on a dog bed and kneeled closely to pet it. Suddenly, the dog leaped up and mauled the boy’s face, nearly missing his eye and disfiguring him permanently. David Scopp of Harris Personal Injury Lawyers represented the boy and attained a $725,000 settlement using a reconstruction of the attack followed by a damages presentation, showing a time-lapse simulation of the boy’s marred appearance as he grew up.
Blood poured down the left side of the boy's face as his parents rushed him to the nearest emergency room. Doctors performed a complex emergency repair of his left cheek, suturing the deep lacerations and avulsions around his eyelid. As the boy recovered, doctors informed his parents that the attack severed the boy’s tear duct and mandibular nerve. Tragically, these injuries resulted in lifelong scarring and paralysis of the marginal mandibular branch, causing an asymmetrical smile.
Seeking compensation for their son’s lasting damages and future medical care, the boy’s parents filed a claim against their relative’s insurer. Disappointingly, the insurance carrier returned with a mere $10,000 offer. As a result, the boy and his parents consulted with David Scopp, concerned about how a lawsuit against their family member would disturb their relationships. David assured them of a smooth process and proceeded to file their demand. Shortly after David’s involvement, the Defense increased their offer to $175,000.
However, David knew this amount would not suffice, given the boy's permanent blemishes and mutilated smile. The boy’s scars would disrupt his quality of life and affect his confidence in school, his romantic interests, every photo he would take, and many other impactful experiences. In preparation for mediation, David retained a cosmetic surgeon who testified how the severed mandibular nerve would affect the boy’s smile over time. Then, David contacted DK Global to bring life to the boy’s list of facial injuries with a visual demonstrative exhibit. The goal was to use an age progression animation to reveal the long-term and adverse effects the attack will have.
The presentation began with a photo of the boy in his 49ers jersey just before the dog attack, showing the excitement he had for the day. Next, his likeness was modeled in 3D, sitting next to the English Bulldog. In an instant, the family Bulldog became aggressive and jumped at the boy, piercing the left side of his face with its canines. Then, an overview of the boy’s injuries was illustrated: his right mandibular nerve damage resulting in a disfigured smile; the gruesome, torn tissues across his lower eyelid; the stellate laceration on his tongue; and more. Lastly, an age progression animation authenticated by David’s expert illustrated the boy’s future struggle grappling with his self-confidence and identity due to his deformity.
David shared the recreation of the attack and age progression animations with the Defendant’s insurer during mediation. As a result, he secured a $725,000 settlement for the boy to aid him in his future medical care.
David Scopp is an attorney at Harris Personal Injury Lawyers and has advocated for survivors of traumatic injuries for over 14 years. As a former defense attorney for insurance companies, he uses his experience to attain well-deserved compensation and justice for his clients. In 2015 and 2016, David was recognized as a “Rising Star” by Super Lawyers while maintaining an excellent rating on Avvo.
