Articles Posted in Wrongful Death

The federal government has agreed to pay $2.5 million to Maureen Stevens, a resident of Lantana, Florida, to settle her lawsuit arising from the 2001 death of her husband, Bob Stevens, in the anthrax attacks that occurred in various cities that fall. The $50 million lawsuit claimed negligence by the government for failing to prevent the attack that killed her husband, citing evidence that a government insider obtained the spores used in the attacks from an Army lab. A settlement was first announced in October, but details only recently became public.

The anthrax attacks occurred in the fall of 2001, a few weeks after the terrorist attacks of September 11. Bob Stevens was a 63 year-old photo editor at American Media, Inc. in Boca Raton, Florida, the publisher of the National Enquirer and other tabloids. He died on October 5, 2001, a few days after opening a letter addressed to the publisher that had been laced with anthrax spores. Bob Stevens’ death was the first of five resulting from similar letters.

Maureen Stevens filed her lawsuit in a Florida federal court in 2003, claiming $50 million in damages for her husband’s death. She alleged that the government negligently failed to secure anthrax spores at the laboratory where they originated, the Army Medical Research Institute of Infectious Diseases at Fort Detrick, Maryland. She claimed that the Institute had a history of failing to track pathogens and of missing microbe samples dating back to at least 1992. In essence, she alleged that the government had a duty to adequately safeguard dangerous pathogens in its possession, particularly ones known to be deadly to humans, and that the government breached its duty by allowing anthrax spores to fall into the hands of the perpetrator of the attacks. This led directly to Bob Stevens’ wrongful death, according to her lawsuit.

The Justice Department, arguing on behalf of the government, disputed her allegations. It claimed that she failed to prove a direct causal connection between the government’s actions, even its lack of security precautions, and Bob Stevens’ death. The Justice Department at one point unsuccessfully argued to the Florida Supreme Court that the government could not be held liable even if it had allowed the release of dangerous materials. Discovery in the case led to many revelations about security at the Maryland research site and the role of various government employees and officials. Only some of these have become public. The case was set for trial in January 2012 when the settlement was announced.

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Over the past year, our Washington DC personal injury law firm has written about the civil lawsuit between Kathy Wone and Victory Zaborsky, Dylan Ward, and Joseph Price. Wone is the widow of Robert Wone, a Radio Free Asia attorney who was fatally stabbed at the DuPont Circle residence shared by the three men in August 2006.

Although the Zabrosky, Ward, and Price were acquitted of charges of obstruction of justice, conspiracy, and evidence tampering related to Robert’s death (they have always maintained that he was killed by an unknown intruder), Kathy went ahead and pursued the men in civil court. Now, she and the three men have settled the DC wrongful death lawsuit against them for $20 million.

The outcome of this civil case is an example of how even if an acquittal is the outcome of the criminal case, you can still hold the parties that you believe are liable for your loved one’s death in civil court. Granted, a jury might have awarded Kathy a larger monetary sum if she had decided to go to court. However, in an interview that she gave this week Kathy explained that even if the case went to trial, she didn’t think more information would be shed on what happened to her husband (the three defendants had refused to answer a lot of questions that were posed during deposition). She has also decided to start focusing her energy on moving forward with her life and using some of the settlement money to go toward the causes that her husband believed in.

A judge has refused to grant the requests of the three defendants in the Washington DC wrongful death lawsuit filed by Robert E. Wone’s family. Wone, a 32-year-old DC lawyer, was stabbed to death while at the DuPont Circle house where Joseph Price, Victor Zaborsky, and Dylan Ward were living. All three men have been acquitted of criminal charges accusing them of covering up his murder. Wone’s widow Katherine, however, is still suing them for $20 million.

In the DC wrongful death complaint, which she filed in 2008, Katherine is accusing them of committing negligent, reckless, and intentional acts that led to her husband’s death, including a failure to act promptly to save his life. The three men have said that an unknown intruder entered their residence and killed Wone.

Attorneys for the three defendants had petitioned D.C. Superior Court Judge Brook Hedge to drop the civil suit on the grounds that the statute of limitations had passed. However, the judge did not agree with their claim. He noted that the most recent evidence was found in 2008 and was what prompted federal prosecutors to file the criminal charges against the men.