This report notes that $ 35 million was too little a payout to the overcharged clients of the John M. O’Quinn law firm.

"An arbitration panel has ordered John M. O’Quinn’s firm to pay a little more to a class of 3,450 former breast implant clients who allege O’Quinn’s firm overcharged them for expenses.

In July, a three-member arbitration panel ordered O’Quinn’s firm to pay $35.7 million in damages to the class. But in an order issued on Sept. 11, a three-member arbitration panel ordered the firm to pay a total of $41,465,950. That $41.5 million breaks down to $9,979,364 for breach of contract damages, $2,494,841 for attorney fees on the breach of contract claim, $3,991,745 in interest on the breach of contract claim and $25 million for fee forfeiture.

The panel allocated $500,000 for expenses and $10,241,487 for attorney fees, leaving $30,724,463 to be distributed to class members.

O’Quinn, of the O’Quinn Law Firm in Houston, did not return a telephone call seeking comment. Neither did his attorney, Billy Shepherd, a partner in Cruse, Scott, Henderson & Allen in Houston, who said in an earlier interview that they are researching avenues of appeal.

An attorney for the plaintiffs, Joseph Jamail, a partner in Jamail & Kolius in Houston, says, "It came out pretty much where I thought we were going to, based on the original order." Jamail says the former O’Quinn clients "felt cheated" but are now vindicated.

In their petition in Martha Wood, et al. v. John M. O’Quinn, P.C., the plaintiffs allege O’Quinn’s firm wrongfully deducted "Breast Implant General Expenses" — expenses such as the cost of taking depositions that were relevant to all the suits — and other fees from their settlement checks. O’Quinn denied the allegations. "

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Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.