JCCCNC Celebrates Japan Earthquake Relief Fund Volunteers

Brad Yamauchi, a Partner at Minami Tamaki, and a member of the board of directors of the Japanese Community and Cultural Center of Northern California (JCCCNC) spoke on behalf of the firm at a volunteer appreciation luncheon held Dec. 3 for the Northern Japan Earthquake Relief Fund.

More than 100 volunteers attended and received updates on how over $4 million in contributions is being spent in Northern Japan over the long term. With connections to the YMCA organizations in Japan from the 1995 Kobe earthquake relief efforts, JCCCNC was able to immediately obtain and distribute emergency food and supplies to many affected areas through thousands of YMCA and other local volunteers.

The priorities are now shifting to longer term recovery assistance such as mental health programs, shelter assistance, sports equipment and art and educational supplies that help families to get back to normal lives and activities.

The Minami Tamaki law firm played an important role in this effort, sending out requests for donations and with a matching funds campaign raised almost $500,000 from more than 2,000 donors. Lynda Won-Chung and Dale Minami lead the effort with many hours of work by Brenda Jackson, Kim Nieves, Mami Malandra, Cristina Campos and Gail Lang.

The Minami Tamaki fundraising focused on making sure that a high percentage of the donations received were spent on direct services rather than administrative overhead, which JCCCNC accomplished. But the organization has also used about $200,000 of its fiscal reserves to pay for administration of the relief fundraising operations, and is now in need of donations to help offset those costs.

In his presentation, Brad emphasized that donors wanted to donate to organizations with integrity and experience to be confident that donations would be used wisely and effectively. In this regard, knowing that there were hundreds of volunteers helping existing JCCCNC staff to perform thousands of hours of relief work speaks volumes about the JCCCNC membership and its communty support. Donors can be proud of and trust in JCCCNC’s work and integrity.

JCCCNC organized two visits to Northern Japan since the March 11, 2011, tsunami. The most recent was in early November with Kristi Yamaguchi in collaboration with her Always Dream Foundation. That delegation provided a connection to actual beneficiaries of the the donated funds at several events in the loactions most devastated by the tsunami.

Because many fear the radioactivity, residents there face shunning and isolation, the delegation was one of very few that visited Fukushima, the site of the damaged nuclear power station. Paul Osaki, JCCCNC Executive Director, described a touching scene during this visit. A young Japanese girl came up to him, held his hand and with sad eyes looked up at his face for several minutes. Later he was told that her father had died from the tsunami and that he resembled him. Donations and the presence of those who care matters.

Our contributions, whether money or time, are needed for this relief effort and for so many other worthy causes. Thank you all for your contributions that make life better for those in need.

Student Run Over in Crosswalk Recovers $585,000

Hanna P. (fictitious name), a 22-year old mathematics student at the University of California, Berkeley, was walking home from campus when she was struck by a sedan in 2007 on a busy Berkeley intersection. She was slammed to the ground, striking her face. She fractured four teeth and needed implants and bone grafts.

Partner Dale Minami, Senior Counsel Mark Fong and Associate Eunice W. Yang obtained the $25,000 policy limits of the driver of the sedan, and in addition, obtained a $540,000 settlement for Hanna at mediation against her own insurance company under an Underinsured Motorist Claim. In addition, the team claimed reimbursement of $20,000 medical payments. In total, the team recovered $585,000 for Hanna.

The bone graft, insertion of implants, and placing of crowns required almost 18 months of painful procedures and her consultants felt she would require two or three more such procedures in her lifetime. In addition to the fractured teeth, Hanna suffered a fractured nose and continual headaches, which were diagnosed by the prosthodontist to whom we referred Hanna. Fortunately, the prosthodontist discovered the problem and was able to create a splint for Jenny that helped reduce the frequency and severity of headaches.

Hanna’s insurance company disputed this claim and felt she would not require another implant, offering $340,000 to settle the case. Our team was able to convince the insurance company that she would be a chronic dental patient, suffer headaches for the rest of her life and compromise the delicate anatomy and physiology of her teeth and mouth. The settlement will compensate Hanna for her past pain and suffering and medical bills and will pay for Hanna’s future dental needs and the pain and inconvenience of her future procedures.

Minami Tamaki Recovers $2.1 Million for Medical Malpractice

Fred F. (fictitious name), a 51-year-old home care provider, was driving in the course and scope of his employment as a caregiver in San Francisco. Fred was struck by a Hummer rented from the Hertz Corporation and driven by a foreign tourist making an illegal turn on a red light. He was taken by ambulance to the emergency room of the local hospital, where Fred’s treating physicians inadvertently injured his spinal cord rendering him a partial quadriplegic.

Senior Counsel Mark Fong, Partner Dale Minami and Associate Eunice Yang handled the auto accident claim, which settled for Hertz’s policy limits of $1 million, and later settled the claim against the physicians and the hospital for $2.1 million.

Fred faced a number of challenges in settling the medical malpractice case. First, non-economic damages were capped at $250,000 due to the California Medical Injury Compensation Reform Act of 1975. His past and future wage loss claim was $252,157.

The defendants argued that Fred’s claim for future medical expenses was unrecoverable as a matter of law, as the compensation carrier had agreed to provide him with lifetime medical care.  Through experts in healthcare financial administration, life care planning and workers compensation utilization review, our team argued that workers compensation is unlikely to pay for much of the treatment he will need over the next 30 years, leaving him exposed at the time when he will most need care.

The team settled the medical malpractice case for $2.1 million, recovering all of Fred’s wages and the terms of the settlement provides Fred with the lifetime care that he needs.

Homeowner Pays $300,000 in Dog Bite Case

Sumiko S. (fictitious name), a 32-year old, was visiting an acquaintance in San Ramon, when she was viciously attacked by the homeowner’s pit bull/Welsh corgi mix in 2009. While she was petting the dog, it suddenly jumped up and bite Sumiko’s face and upper lip, causing serious injuries to about a third of her lip.

Partner Dale Minami handled the case for this client and was able to arrange for a renowned plastic surgeon to repair Sumiko’s lip as it was so severely mangled that she needed four stages of reconstructive plastic surgery. The first surgery was needed to repair her upper lip by removing the damaged tissue from Sumiko’s face and lip. The subsequent three stages of surgery included a procedure to rejuvenate the skin on the lip, then reconstruct the delicate features of her mouth.

Sumiko also suffered emotional distress including nightmares and flashbacks rising from the attack and was despondent over facial disfigurement.

The case settled for $300,000, the homeowner’s policy limits, which provides Sumiko with the option of pursuing further reconstructive surgery in the future and psychological care as needed.