Shahrad Milanfar spent most of his career as a defense attorney, handling catastrophic personal injury cases in California. Looking for a new challenge after almost two decades in practice, he started Milanfar Law Firm, PC. in 2020 and transitioned to plaintiff’s work. Shortly after starting his firm, Milanfar took on yet another challenge with a plaintiff’s elder abuse case.

"A lot of people would say it wasn't a great business decision to take such a difficult case..."

Their client, an 88-year-old California woman who was both profoundly deaf and suffering from dementia, was evacuated to a secondary facility 80 miles away during the Kincade Fire in Sonoma County. During her stay, she and the other residents were left unsupervised. As a result, she experienced two falls, a broken arm, 15 hours without pain medication, multiple hospital visits, and was erroneously transported back to the wildfire evacuation zone. Concerned about her condition, hospital personnel contacted authorities.

Photo of Shahrad Milanfar, Milanfar Law Firm Founder.

“The facts of the case were compelling but very difficult to prove,” said Milanfar. “A lot of people would say it wasn't a great business decision to take such a difficult case because not only was our client unable to testify due to her dementia and subsequent passing, the case also had to be proven by clear and convincing evidence. But at the end of the day, this could have been my grandmother. That really was the draw for me.”

The Problem: Almost Two Dozen Depositions

The case represented many challenges for Milanfar and his colleagues, Donavon Sawyer and Molly Ryan. Not only did they have to reconstruct exactly what happened, they had to extract information from well-financed companies that mounted a vigorous defense.

The information had to be gathered from multiple sources and not all were forthcoming. Even the client’s family did not have a full picture of what happened. 

“When we first came in, they couldn't really account for where she was for the time after the evacuation occurred,” Milanfar said. “So we started digging, and there was a lot of misinformation.” 

...deposing that many people, as well as generating transcripts and video, is expensive.

Discovery in the case generated more than 12,000 documents, and the list of potential witnesses ran to almost two dozen people. Not only is that a time-consuming effort, but deposing that many people, as well as generating transcripts and video, is expensive.

“Doing the elder abuse cases is something that takes a tremendous amount of time,” Milanfar said. “You have to really dig deep into various different corners to get to the truth.” 

The Solution: Steno’s DelayPay

Milanfar and his team did not want to let economic limitations impact trial strategy or preparation, so they turned to Steno’s DelayPay to cover the costs of their deposition work. 

Steno’s litigation financing options allowed them to take as many depositions as they needed—22 in total—and pay after receiving the disbursement. Because DelayPay doesn’t require a lengthy application, they could implement it immediately. And because this case took place in California, a non-recourse state, Steno was able to offer Milanfar the ability to pay only if they won which was a tremendous help for their firm.
   
“It helped normalize the cash flow of the business, which allowed me to have less stress and focus on the case,” Milanfar said. “We're here to do the work of the clients, to stand up for somebody who didn't have a voice. So that's really the big picture benefit for our client.”

As he put it, “It's almost like taking a pressure cooker and releasing some of the pressure.”   

"It helped normalize the cash flow of the business, which allowed me to have less stress and focus on the case."

 

 

 

 

 

The Result: Less Anxiety, Better Trial Preparation 

In the end, those depositions paid off. Milanfar and his team mounted a compelling case at trial. 

“A lot of that may not have been possible if we were hyper focussed on the costs,” Milanfar said.  “Some of those tangential depos ended up being significant in the long run because they helped build crucial portions of the full story.” 

The jury awarded Milanfar’s client $10.1 million in actual damages and $22 million in punitive damages for a total of more than $32.1 million.  The verdict stands as the largest elder abuse verdicts in California in 2023, ranking as the 12th largest personal injury verdict and the 17th largest verdict overall in the state for the same year.

"A lot of that may not have been possible if we were hyper focussed on the costs.”

“When you look at a service like Steno, if it can take some of the financial pressure away and put your client’s mind at ease, it allows me to fully focus and be present in the moment, then I am a better lawyer and a better advocate for my client,” Milanfar said. “That’s really the advantage that Steno brings to the table.” 

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