Arbitration Decision (JAMS)

Arbitrator: Hon. Sharon Armstrong (retired)

Date Filed: 10/27/2016

Date of Decision: 06/01/2016

Total Amount of Judgment or Settlement: $2.1 million

Basic Facts and Claims: Mr. Fredericks had been a Director of Quality Assurance when he suffered a closed head injury in a taxi accident while on a business trip for Amgen in Japan. The arbitrator ruled that Amgen failed to accommodate Mr. Fredericks’s disability and wrongfully terminated his employment when Mr. Fredericks struggled to recover enough to return to his previous position.

Damages Awarded: Past Wage Loss: $328,305
Cancelled Stock Options: $326,254
Cancelled Stock Units: $111,646
Future Wage Loss: Waived in lieu of lifetime worker’s compensation pension
Future Lost Stock Units: $32,510
Non-Economic Harm: $750,000
Attorney’s Fees and Costs: $463,218
Pre-Judgment Interest: $117,269
Compensation for Tax Consequences: $8,231

Expert Witnesses: Robert Patton (economic loss)
Kathryn Reid (vocational assessment)

Plaintiff Attorney:
Jesse Wing
Tiffany Cartwright
MacDonald Hoague & Bayless

Defendant Attorney:
Ann Kotlarski
Payne & Fears, LLP