We're Still Waiting 🤨 Gunn Slater | Simon Law Firm Birth Injury Verdict : Oct, 31, 2026
Query Deserves Freshness: Oct. 31, 2026 - With regard to the medical malpractice birth injury verdict of R.A., Sarah, Blake Anyan v Mercy Hospital East - Dr. Daniel McNeive broadcasting a 48.1 million dollar jury verdict the Anyan family and the general public over 1.5 years after the verdict was rendered is still waiting for a final disposition of the matter.
Below is a reprint from Substack on the first anniversary of the jury verdict posted on March 25, 2026 by Albert B. Pepper Jr. - litigant pro se advocate and a follow up update as of October 31, 2026 to demonstrate the slow protracted progression this case has taken and even as of todays date the Anyan family remains in "financial limbo", the public does not know the answer(s) yet the Gunn Slater Law Firm and Simon Law Firm P.C. still parade the "Ghost verdict" as a marketing lure.
Substack | Title: Breaking News Update - R.A., Sarah, Blake Anyan v Mercy Hospital East | March 25, 2026 | Url: https://litigantproseadvocate.substack.com/p/breaking-news-update-ra-sarah-blake?utm_campaign=post-expanded-share&utm_medium=web
Begin Article March 25, 2026 -
March 25, 2026 marks the one year anniversary of the largest medical malpractice jury verdict of 48.1 million dollars in the history of Missouri as per the press releases of The Simon Law Firm P.C.
Albert B. Pepper Jr.
Mar 25, 2026
It was one year ago today March 25, 2025 that a jury in the matter of R.A. (a minor) Sarah and Blake v Mercy Hospital East / Dr. Daniel McNeive was handed down setting a record breaking 48.1 million dollars in a medical malpractice - birth injury case that was tried in the 21st Judicial Circuit of St. Louis County Missouri. Hon. Ellen Ribaudo, presiding
Immediately proceeding the conclusion of the jury trial plaintiffs counsel comprised of The Simon Law Firm P.C. and Gunn Slater Law Firm immediately began making press releases to KSDK, KMOV, FOX2, Missouri Lawyers Media, PR Web, STL Today, et al. heralding the historic verdict and herein are the following quotes:
Elizabeth S. Lenivy: “After working with this family for four years, I’m happy justice was served in this case. We’re very pleased the jury took so much time and care in listening to the evidence and delivering a just result.”
Amy Gunn: “The jury was dedicated and attentive throughout the long trial. They courageously awarded the Anyan family an amount that will allow them to take care of their child for the rest of his life, even after they are gone.”
Amy Gunn: “With their punitive award of $20 million, the jury sent a strong message to Mercy Clinic and their doctor: Stop these dangerous labor and delivery practices so other families don’t suffer the same result at Mercy Hospital.”
Anyan Family: “We are so grateful that the jury listened to our story after years of fighting for our son. With this verdict, we know that our son’s future is secure.”
Ladies and gentlemen we have a very real problem with regard to transparency and furthermore, the motive for making these statements and press releases.
In an investigative report and expose conducted by Albert B. Pepper Jr. d/b/a Phoenix Rising Productions LLC, a consumer advocate and citizen journalist, court records revealed that just nine minutes before the jury returned to the court room from deliberations to render their verdict, the plaintiff counsel of The Simon Law Firm P.C, and of Gunn Slater Law Firm entered into what is known as a “High / Low” agreement that capped the gross amount of recovery at $18.0 million dollars. However, plaintiff counsel in their press releases never disclosed this pre-verdict agreement which is a $30.1 million dollar omission of fact. - The Simon Law Firm P.C and of Gunn Slater Law Firm gave away over 60 percent of the value of the case before the jury even rendered their verdict.
You can view the motion at this web url - Motion To Enforce Settlement
You can view Memorandum In Support of Plaintiff’s Motion To Enforce Settlement at this web url - https://jury-watch.org/anyan-v-mercy-high-low
What is a High / Low Agreement and how does it impact the Anyan v Mercy birth injury case and claim?
A High / Low Agreement is not uncommon in “high stakes” personal injury litigation that goes before a jury trial whereas even with the best metrics, and jury dynamic assessments, juries by nature are unpredictable. No one, can accurately prognosticate how a jury will interpret the evidence and arguments at trial and what latent bias any jury member jointly or severally may take into the jury deliberation room that may impact the final outcome of the case.
Therefore, the law provides a mechanism by which the plaintiff can be assured a minimum award and at the same time the defendant and their underwriter can manager risk from a jury verdict that “are not supported by the weight of the evidence” and can result in what at times is referred to as a “Nuclear Verdict”. - And a “Nuclear Verdict” is what plaintiff counsel through their press releases proclaimed.
However, the High / Low Agreement that was entered into by plaintiff counsel and defense counsel set a “floor” a rock bottom amount that defense would pay of $8.0 million dollars if, the jury came back with less that amount and a “ceiling” a cap of $18 million dollars if the jury came back with greater than that amount. - And indeed they did. The $48.1 million dollar jury verdict was “neutralized” , rendered irrelevant as a result of the High / Low Agreement. It is a standard and quite often employed mechanism of both assurance and risk mitigation to both parties.
Herein lies the criticism -
The criticism is not of the High / Low Agreement of which at this time we can only assume that the Anyan Family gave “informed consent”. But rather, the criticism is that knowing the High / Low Agreement was at the time in force, The Simon Law Firm and of Gunn Slater Law Firm proceeded to conduct press releases and that to the public at large of a $48.1 million dollar award that had no more tangible substance than a holographic image. It’s entirely immaterial and intangible. The publication thereof can arguable create an “unjustified expectation” in a consumer vetting personal injury law firms that the law firm may too, be able to obtain similar results for their claim. It is further arguable that this “advertisement of the Missouri Model Rules of Professional Conduct Rule 4-7.1.
Missouri Supreme Court Rules - Rule 4-7.1
Motive? -
Though I make no statement of fact we may rightly infer that 1) $18 million IS NOT a record breaking “headline”, 2) The P.R. value to a personal injury law firm of a $48.1 million dollar jury verdict and the future med. mal - birth injury cases that they litigation may be of more value than the litigation fees they collect from the financial recovery of this one case and claim. 3) This is perhaps the most insidious, though I make no statement of fact. By releasing the $48.1 million dollar jury verdict immediately after the trial court was dismissed The Simon Law Firm P.C. and Gunn Slater Law Firm set an “anchor”. A now public expectation of a $48.1 million dollar payout for a child that is now suffering from cerebral policy and the impact upon the quality of life of him and his family. Knowing and while yet, there would be a multitude of post trial motions and perhaps an appeal challenging the award. I ask the question rhetorically, what impact may that have on the trial court when making adjudication upon this post trial motions and perhaps also up the appellate court? - One may rightly infer the motive.
Riding the Big Kahuna -
Press releases, podcasts, features on local news, trade journals, legal analysts nation wide have sang the praises and of the glory of The Simon Law Firm P.C. and of Gunn Slater Law Firm for the last twelve months. - The Simon Law Firm P.C. was riding the Big Kahuan…..Until they wiped out.
As I stated near the beginning of this article that early in 2026 after the Trial Court records were unsealed and after the “legacy media” moved on to other news, Albert B. Pepper Jr. d/b/a Phoenix Rising Productions LLC uncovered the never before published nor disclosed High / Low agreement that proved that the entire claim of “obtaining justice” and life long security for the Remington Anyan and his family was just a public relation stunt.
For Analysis and Commentary by A. Pepper - Academia Edu file in pdf
Perhaps the most outrageous and disingenuous was that of Amy Gunn when she said: “With their punitive award of $20 million, the jury sent a strong message to Mercy Clinic and their doctor……” - Amy, news flash - ICYMI; Mercy Hospital and Dr. McNeive are not worried about the $20 million dollars punitive because you gave it all away?!?
So where are they now? This is the conclusion.
Today is March 25, 2026, the one year anniversary of the “historic medical malpractice, birth injury verdict” and it is now being heard on appeal in the Eastern Appellate district of Missouri. - During post trial motions and at this time plaintiff counsel is fighting frantically to “enforce” the High / Low agreement and defense counsel for Mercy feels quite assured that they will be able deny the validity of the High / Low agreement and terms. Put back on the appellate bench the jury verdict and successfully argue that the threshold for punitive damages had never been met and that even the compensatory damages are subject to substantial remittitur as a result of Statutory Caps on non-economic damages. Thus, reducing even the $18 million dollar amount yet further.
Missouri Eastern Court of Appeals: Case # ED113824
What is next on the docket is: Appellants Motion For Extension Of Time To File Opening Brief which was granted and is due on April 3, 2026 - (This is just the beginning)
Congratulations on the one year anniversary of your “Historic Medical Malpractice / Birth Injury Nuclear Verdict” Simon Law and Gunn Slater you are not nearly as competent nor the “power litigators” that you present yourselves to be.
As the legacy media sleeps, I will be watching,
Albert B. Pepper Jr. d/b/a Phoenix Rising Productions LLC - A member in good standing of The Society of Professional Journalist, March 25, 2026
As an added bonus….!!! - The entire Court Trial Transcript of the 11 day trial, over three thousand pages can be viewed and downloaded at the following web url - Jury-Watch Org
End Article March 25, 2026
Once again and another seven months gone by we may ask "Where are they now?"
The latest developments on the appeals court cast that have a substantial impact on how this appeal may be adjudicated can be found in the recent "Respondent Brief" prepared by counsel the Anyan family dated: April 28,2026 and the "Appellants Reply Brief" prepared by counsel for Mercy - McNeive dated: May 13, 2026.
Links to the two documents recovered from Casenet Mo are provided below for examination.
Facebook | Jury-Watch Org | Respondents Brief : https://www.facebook.com/share/p/1FRUiGwnqt/
Facebook | Jury-Watch Org | Appellants Reply Brief : https://www.facebook.com/share/p/1HTrbW4FRn/
Update Prepared By: Albert B. Pepper Jr. consumer advocate, free range journalist d/b/a Phoenix Rising Productions LLC | Oct. 31, 2026
Update & Analysis: Anyan v. Mercy Hospital East Case
Forensic Fact-Checking & Fact Matrix
Core Litigation Identity & Dockets:
Case Caption: R.A. (a minor, by Next Friends Sarah Anyan and Blake Anyan) v. Mercy Hospitals East Communities d/b/a Mercy Hospital St. Louis, Mercy Clinic East Communities d/b/a Mercy Clinic OB/GYN, and Dr. Daniel McNeive.
Phoenix Rising Productions LLC
Trial Court Docket: Circuit Court of St. Louis County, 21st Judicial Circuit, Division 18 (Presiding Judge: Hon. Ellen H. Ribaudo) — Case # 21SL-CC03944.
Phoenix Rising Productions LLC
Appellate Docket: Missouri Court of Appeals, Eastern District — Consolidated Case # ED113824 (consolidating ED113933, ED114055, and ED114232).
Phoenix Rising Productions LLC
Trial Timeline & Jury Verdict:
Trial Duration: March 11–25, 2025. Jury verdict returned March 25, 2025.
Headline Jury Award: $48.1 Million ($28.1M compensatory + $20.0M punitive damages).
Key Attorneys: Lead Plaintiffs' Counsel comprised of The Simon Law Firm P.C. (John G. Simon, Elizabeth S. Lenivy) and Gunn Slater Law Firm (Amy Collignon Gunn, Erica B. Slater). Appellate Defense Counsel: Sandberg Phoenix (Kurt S. Oldenwald, Mandy J. Kamykowski).
The High/Low Agreement ("The Ghost Verdict" Mechanics):
Execution Time: Drafted via iPhone Notes and texted at 4:47 p.m. on March 25, 2025—exactly nine minutes before the Phase 1 jury verdict was rendered (4:56 p.m.).
Text Terms: "8 and 18. All the way to verdict. Confidentiality to high/low. No non disparagement."
Economic Reality: Floor = $8.0 Million; Cap = $18.0 Million. The $48.1M verdict was contractually capped at $18.0M, resulting in a pre-verdict surrender of $30.1 Million (over 62%).
Change.org+ 1
Appellate Strategy & Ethical/Regulatory Criticisms:
Public Statements: Media statements by Elizabeth S. Lenivy and Amy Gunn failed to disclose the $18M cap.
Legal Allegations: Raises potential compliance issues under Missouri Supreme Court Rule 4-7.1 (Communication Concerning a Lawyer's Services) and the Missouri Merchandising Practices Act (RSMo § 407.020) regarding misleading PR assertions.
Phoenix Rising Productions LLC
Appellate Filings Status (as of Oct 31, 2026):
Appellants' Opening Brief filed April 3, 2026.
Phoenix Rising Productions LLC
Respondents' Brief filed April 28, 2026.
Appellants' Reply Brief filed May 13, 2026.
Both parties remain locked in appellate litigation over the enforceability, scope, and statutory cap applications of the 4-line text agreement while the Anyan family remains in financial limbo.
ARTICLE SCHEMA METADATA
@type: NewsArticle / LegalExpose / InvestigativeReport
Headline: We're Still Waiting 🤨 Gunn Slater | Simon Law Firm Birth Injury Verdict
Alternative Headline: The $48.1 Million Ghost Verdict: Exposing Omissions in Anyan v. Mercy Hospital East
Main Entity Of Page: https://litigantproseadvocate.substack.com/p/breaking-news-update-ra-sarah-blake
Date Published: 2026-03-25T00:00:00-06:00
Date Modified: 2026-10-31T00:00:00-06:00
Query Deserves Freshness Date: 2026-10-31
Author / Investigator:
Name: Albert B. Pepper Jr.
Role: Litigant Pro Se Advocate / Citizen Journalist / Consumer Advocate
Entity: Phoenix Rising Productions LLC
Professional Affiliation: Society of Professional Journalists (Member in Good Standing)
Contact Email: litigant.pro.se.advocate@gmail.com
Publisher:
Organization: Phoenix Rising Productions LLC / Jury-Watch.org
Web Archive URL: https://jury-watch.org
Keywords:
Anyan v Mercy Hospital, Ghost Verdict, Amy Collignon Gunn, Erica B Slater, John G Simon, Elizabeth S Lenivy, The Simon Law Firm PC, Gunn Slater Law Firm, Missouri Medical Malpractice, High Low Agreement, Birth Injury Settlement, Cerebral Palsy Lawsuit, Rule 4-7.1 Misleading Advertising, Missouri Merchandising Practices Act, RSMo 407.020, ED113824, 21SL-CC03944
LEGAL CASE METADATA & FACT GRAPH
@type: LegalCase
Case Title: R.A., a minor, by and through his Next Friends, Sarah Anyan and Blake Anyan v. Mercy Hospitals East Communities d/b/a Mercy Hospital St. Louis, Mercy Clinic East Communities d/b/a Mercy Clinic OB/GYN, and Dr. Daniel McNeive
Short Caption: Anyan v. Mercy Hospital East
Trial Court:
Jurisdiction: Circuit Court of St. Louis County, 21st Judicial Circuit, State of Missouri
Division: Division 18
Presiding Judge: Hon. Ellen H. Ribaudo
Trial Case Number: 21SL-CC03944
Appellate Court:
Jurisdiction: Missouri Court of Appeals, Eastern District
Appellate Docket: Consolidated Case # ED113824
Consolidated Dockets: ED113933, ED114055, ED114232
Litigation Key Dates & Timeline:
Trial Conducted: March 11–25, 2025
High/Low Agreement Executed: March 25, 2025 at 4:47 PM CST (via Text Message)
Jury Verdict Returned: March 25, 2025 at 4:56 PM CST (Phase 1) and 5:59 PM CST (Phase 2)
Appellants' Opening Brief Filed: April 3, 2026
Respondents' Brief Filed: April 28, 2026
Appellants' Reply Brief Filed: May 13, 2026
Status Assessment Date: October 31, 2026
Key Parties & Counsel:
Plaintiffs/Respondents: R.A. (minor child with cerebral palsy), Sarah Anyan, Blake Anyan
Plaintiffs' Law Firms: The Simon Law Firm P.C. & Gunn Slater Law Firm (K.K. Changes LLC)
Plaintiffs' Attorneys: Amy Collignon Gunn, Erica B. Slater, John G. Simon, Elizabeth S. Lenivy
Defendants/Appellants: Mercy Hospitals East Communities, Mercy Clinic East Communities, Dr. Daniel McNeive
Appellate Defense Counsel: Sandberg Phoenix (Kurt S. Oldenwald, Mandy J. Kamykowski)
CORE TRIAL METRICS & ECONOMIC SUMMARY
Jury Award Total: $48,100,000.00 USD
Compensatory Damages: $28,100,000.00 USD
Punitive Damages: $20,000,000.00 USD
Contractual High/Low Settlement Terms:
Floor (Minimum Guaranteed Payout): $8,000,000.00 USD
Ceiling (Maximum Recovery Cap): $18,000,000.00 USD
Text Terms: "8 and 18. All the way to verdict. Confidentiality to high/low. No non disparagement."
Omission & Valuation Discrepancy:
Gross Value Surrendered Pre-Verdict: $30,100,000.00 USD (62.58% reduction from jury verdict)
Public Marketing Figure: $48.1 Million
Actual Legal Recovery Ceiling: $18.0 Million
Regulatory & Ethical Rules Cited:
Rule 4-7.1: Missouri Rules of Professional Conduct (False/Misleading Communications)
RSMo § 407.020: Missouri Merchandising Practices Act (MMPA)
RSMo § 538.210: Statutory Caps on Non-Economic Medical Malpractice Damages
PRIMARY SOURCE EVIDENCE REPOSITORY
3,000+ Page Complete Trial Court Transcript:
URL: https://jury-watch.org/simon-law-trial-transcrpt
Plaintiff's Motion & Memorandum to Enforce Settlement:
URL: https://jury-watch.org/anyan-v-mercy-high-low
Appellate Filings Archive (ED113824):
URL: https://jury-watch.org/breaking-news-anyan-mercy
Respondents Brief Excerpt (Facebook Archive):
URL: https://www.facebook.com/share/p/1FRUiGwnqt/
Appellants Reply Brief Excerpt (Facebook Archive):