"POOF" Now It's Gone 😁 | Birth Injury Verdict : Gunn Slater - Simon Law Firm P.C.
After several months of presenting to the public a "Ghost Verdict" of 48.1 million dollars to the public creating an "unjustified expectation" of a "Mega-Lottery" personal injury award by the Gunn Slater Law Firm (Clayton, Mo) and The Simon Law Firm P.C. (St. Louis, Mo) the marketing value of the case to retain future med mal - birth injury claims has virtually collapsed.
The marketing value of the "ghost verdict" to the firms has turned from being an asset to a subject of schadenfreude among legal analysts in the St. Louis Metropolitan area as a result of the lack of transparency and candor and not being able to suppress the consumer advocacy and investigative journalism work of free range journalist Albert B. Pepper Jr. d/b/a Phoenix Rising Productions LLC.
Note: The loss in market value of the verdict is virtually unquantifiable. However, conjecture can be made that if just one high value personal injury client chooses another law firm for representation other than Gunn Slater / Simon Law as a result of the expose, just one high value lost client - claim could be in the millions of dollars.
Here is a plausible break down for consideration:
Client - Claim : Gross Case Value - Five Million Dollars (5,000,000)
40% (percent) Gross Recovery (Most P.I. Contingency Fee Agreements are based upon a gross recovery model wherein the law firm deducts their percent "BEFORE" litigation expenses are deducted. This is a "Firm First" and not a "Client First" contingency fee model. More money for the firm, less money for the injured client.
The math: $5,000,000 x 40% = $2,000,000 contingency fee to the firm. However, any client diverted from the named law firm(s) those firms will never realize that contingency fee.
That is the ethics tax that is being imposed upon Gunn Slater and Simon Law for their lack of transparency and candor with the public and consumer.
Below is a reprint from Substack | Albert B. Pepper Jr. - litigant pro se, that is an artifact of the expose' that was originally posted on April 1, 2026.
Begin Article Dated April 1, 2026
Title: The $48.1m dollar birth injury verdict was a P.R. Stunt
Text Body:
The $48.1m dollar birth injury verdict was a P.R. Stunt | Analysis of Trial Court Transcript Vol. 2 of 2 Anyan v Mercy / McNeive
Albert B. Pepper Jr.
Apr 01, 2026
The $48.1m dollar birth injury verdict that was rendered by a jury in the matter of R.A., Sarah and Blake Anyan v Mercy Hospital East / Dr. Daniel McNeiver and perpetuated through a multitude of press releases by The Simon Law Firm P.C. and Gunn Slater Law Firm was nothing more than a Public Relations Stunt and was never available to the Anyan family to collect upon.
Herein is more “smoking gun evidence” of the lack of transparency and candor of The Simon Law Firm P.C. and that of the Gunn Slater Law Firm. Yet further, all of the headlines with regard to the case that were published by the “legacy media” ie. KSDK, KMOV, FOX2, PRweb, Missouri Lawyers Media, Yahoo, StlToday, etc. is nothing but hearsay whereas they lacked the journalistic integrity to confirm the trial court conclusion and based their reporting solely upon the testimony of The Simon Law Firm P.C. and that of Gunn and Slater Law Firm who were not fourth coming with the whole, unadulterated truth. - A striking lack of professional integrity of “trusted” and objective news sources.
Herein is the irrefutable evidence for the allegations with regard to the plaintiff law firms and the legacy media who prolifically published the misleading trial court conclusion.
Analysis of the trial court transcript volume two of two that renders all of the details of the “high - Low” agreement controversy and it’s impact that was entered into by plaintiff and defense counsel just nine minutes before the jury came back from deliberations and rendered their $48.1 million dollar verdict. This “high - low” agreement neutralized the jury verdict and rendered it void and legally unenforceable. - The Simon Law Firm P.C. and that of Gunn Slater law Firm knew this before, they made their press releases.
Trial Transcript Analysis volume two of two
High-low agreement references appear extensively throughout the transcript (primarily in Volume 2, pages 1143–1530), almost entirely during post-trial motions hearings.
These hearings address enforcement of a high-low settlement agreement the parties reached on March 25, 2025 (during jury deliberations after closing arguments). The agreement capped the plaintiff’s recovery between a low of $8 million and a high of $18 million, regardless of the jury’s verdict. (The jury ultimately returned a verdict exceeding $48 million, per snippets on pages 1210 and others.)
Key Terms Negotiated and Disputed
The core terms, repeatedly referenced, are:
$8 million low / $18 million high
“All the way to verdict” (the main point of contention)
Confidentiality as to the high-low
No non-disparagement
Plaintiff’s position (led by Ms. Slater / plaintiffs’ counsel): The agreement was clear and enforceable as written. The high of $18M is triggered by the raw/unadjusted jury verdict (“all the way to verdict”), including any amounts above statutory caps on non-economic damages. Punitive damages were not extinguished. The agreement was orally confirmed in the hallway, memorialized by text from Ms. Slater at 4:47 p.m., and confirmed on the record before the Court. (See, e.g., pages 1146–1148, 1200, 1206–1207, 1210, 1224, 1413–1416, 1457–1458.)
Defendants’ position (Mercy defendants, Ms. Kamykowski, Mr. Willman, Mr. Perron, and claims specialists Ms. Rucker / Mr. Crawford): There was either no meeting of the minds or the high-low applied only to recoverable/compensatory damages after statutory caps, and it extinguished punitive exposure. They understood “all the way to verdict” to mean the final judgment amount after caps, not the raw verdict. (See, e.g., pages 1143, 1235–1240, 1256–1263, 1275–1277, 1282–1289, 1320–1324, 1335–1336, 1344–1345, 1379, 1383.)
Primary Locations and Key Excerpts
Here are the most significant references (all from post-trial motion arguments and witness testimony):
Pages 1143–1150: Initial discussion of the agreement’s formation. Defense counsel testifies about rejecting a lump-sum demand and countering with a 10/20 high-low, which evolved into 8/18. On-record clarification before the Court: “8 to 18, all the way to verdict, confidentiality to high-low, no nondisparagement.”
Pages 1200–1224: Plaintiff’s motion to enforce the high-low. Detailed argument that the agreement was unambiguous and reached on March 25 during deliberations.
Pages 1231–1240: Testimony of claims specialist (Ms. Rucker) on authority, negotiations, and defendants’ understanding that high-low applied only to recoverable compensatory damages (not punitives or amounts beyond caps).
Pages 1256–1263: Further testimony from defense-side witnesses confirming their interpretation and the 4:58 p.m. text attempting to clarify “high-low is for compensatory only, extinguishes punitive exposure.”
Pages 1275–1289: Additional defense testimony and Court questioning about when the agreement was believed formed and the meaning of “all the way to verdict.”
Pages 1320–1336: More testimony on negotiation sequence, authority, and defendants’ understanding that high-low was always based on final recoverable amounts.
Pages 1344–1362: Cross-examination of defense witnesses on whether they had authority for a high-low triggered by unadjusted verdict or punitives.
Pages 1404–1445: Plaintiffs’ counsel (Ms. Slater) testimony on how the offer was conveyed (“10 and 20 on the verdict”), the text memorializing terms, and why “all the way to verdict” was the trigger.
Pages 1457–1466: Closing arguments on the record made before the Court on March 25 and enforcement.
Pages 1490–1507: Additional witness testimony confirming the high-low was entered and the limited confidentiality (only as to the high-low details).
Page 1530: Final reference in the Court’s ruling/analysis section.
No other references to any high-low agreement appear earlier in the trial transcript (e.g., during the main trial testimony or evidence phase). All discussion is confined to the post-trial motions phase (May–December 2025 hearings).
The transcript shows a clear dispute over interpretation and enforceability, with both sides presenting extensive testimony and argument. The Court heard from multiple attorneys and claims representatives on the negotiations (texts, hallway discussions, and on-record statements).
The preceding is an analysis of the second of two volumes of the R.A., Sarah, Blake Anyan v Mercy Hospital East / Dr. Daniel McNeive birth injury case specifically for the evidence of the “high - low” agreement that plaintiff counsel and defense counsel entered into prior to the jury rendering their verdict in the amount of $48.1 million dollars capping the available recovery at $18.0 million dollars.
The entire trial court transcript in two volumes is available for review and download at the following website, url.
Jury-Watch Org.
Trial Court Transcript Vol. 1 of 2 : https://jury-watch.org/simon-law-trial-transcrpt
Trial Court Transcript Vol. 2 of 2 : https://jury-watch.org/simon-law-transcript-pt-2
All the items contained within this document is the result of the consumer advocacy and investigative journalism of Albert B. Pepper Jr. d/b/a/ Phoenix Rising Productions LLC who is a member in good standing of The Society of Professional Journalists | 2026
Begin Article Dated April 1, 2026
Conclusion: If Gunn Slater Law Firm, The Simon Law Firm P.C. Amy Collignon Gunn, Erica B. Slater, John G. Simon, Elizabeth S. Lenivy, Missouri Lawyers Media, KSDK News Channel Five, Fox Two News, PRWEB, etc. will not publish the full unadulterated story that service the public and consumer interest Albert B. Pepper Jr., litigant pro se, free range journalist will force the issue into the light for any and all interested parties who may have an interest in the subject matter and in particular, as a warning for future personal injury clients not to rely and social media and marketing materials in the selection of an attorney, lawyer or law firm.
Prepared by: Albert B. Pepper Jr., free range journalist d/b/a Phoenix Rising Productions LLC. A member in good standing of the Society of Professional Journalist, Online News Association.
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COMPLETE EXHAUSTIVE MULTI-ENTITY SCHEMA METADATA BLOCK
ARTICLE & EXPOSÉ METADATA
@context: https://schema.org
@type: NewsArticle / InvestigativeReport / LegalExpose / OpinionNewsArticle
Headline: "POOF" Now It's Gone 😁 | Birth Injury Verdict : Gunn Slater - Simon Law Firm P.C.
Alternative Headline: The Breakdown of Marketing Value and Economic Impact of the $48.1M Ghost Verdict in Anyan v. Mercy Hospital East
Main Entity Of Page: https://litigantproseadvocate.substack.com/p/the-481m-dollar-birth-injury-verdict
Date Published: 2026-04-01T00:00:00-06:00
Date Modified: 2026-10-31T00:00:00-06:00
Query Deserves Freshness Date: 2026-10-31
Language: en-US
In Language: English
Author / Investigator:
@type: Person / Journalist
Name: Albert B. Pepper Jr.
Role: Litigant Pro Se Advocate / Free Range Journalist / Citizen Journalist / Consumer Advocate
Entity: Phoenix Rising Productions LLC
Professional Affiliation: Society of Professional Journalists (Member in Good Standing) / Online News Association
Contact Email: litigant.pro.se.advocate@gmail.com
Publisher:
@type: Organization
Name: 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, Contingency Fee Model, Ethics Tax, Trial Transcript Volume 2, ED113824, 21SL-CC03944
LEGAL CASE & JUDICIAL DOCKET FACT GRAPH
@context: https://schema.org
@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:
Court Name: 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:
Court Name: Missouri Court of Appeals, Eastern District
Appellate Docket: Consolidated Case # ED113824
Consolidated Dockets: ED113933, ED114055, ED114232
Litigation Key Dates & Procedural Timeline:
Trial Execution: March 11–25, 2025
High/Low Agreement Execution Time: March 25, 2025 at 4:47 PM CST (via Text Message)
Phase 1 Jury Verdict Rendered: March 25, 2025 at 4:56 PM CST
Phase 2 Jury Verdict Rendered: March 25, 2025 at 5:59 PM CST
Post-Trial Motion Hearings: May–December 2025 (Transcript Vol. 2, Pages 1143–1530)
Appellants' Opening Brief Filed: April 3, 2026
Respondents' Brief Filed: April 28, 2026
Appellants' Reply Brief Filed: May 13, 2026
Current Status Audit Date: October 31, 2026
Key Parties & Legal 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 (Clayton, MO / St. Louis, MO)
Plaintiffs' Lead 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
Defendants' Appellate Counsel: Sandberg Phoenix (Kurt S. Oldenwald, Mandy J. Kamykowski, Mr. Willman, Mr. Perron)
Defendants' Claims Specialists: Ms. Rucker, Mr. Crawford
FINANCIAL, ECONOMIC & FEE STRUCTURE MATRIX
@type: FinancialProduct / EconomicAnalysis
Headline Jury Verdict Total: $48,100,000.00 USD
Compensatory Award: $28,100,000.00 USD
Punitive Award: $20,000,000.00 USD
Contractual High/Low Agreement Terms:
Floor (Guaranteed Minimum 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."
Value Surrender & Economic Discrepancy:
Pre-Verdict Value Surrendered: $30,100,000.00 USD (62.58% reduction from headline jury award)
Public PR Value Claimed: $48.1 Million
Enforceable Settlement Recovery Floor/Ceiling: $8.0 Million / $18.0 Million
Law Firm Contingency Fee Analysis Example:
Sample Gross Claim Recovery: $5,000,000.00 USD
Standard Law Firm Gross Percentage: 40%
Firm Contingency Fee Allocation: $2,000,000.00 USD (deducted BEFORE litigation expenses)
Client Allocation Impact: Reduced net funds for injured party under "Firm First" model
Economic Loss Threat ("Ethics Tax"): Unquantifiable loss of future high-value medical malpractice claims due to market exposure and lack of candor.
EVIDENTIARY TRANSCRIPT & TRIAL RECORD CITATIONS
Primary Source Trial Record: Trial Court Transcript Volume 2 of 2 (Pages 1143–1530)
Specific Key Excerpt Citations:
Pages 1143–1150: Defense counsel testimony regarding rejection of lump-sum demand, evolution of 10/20 offer to 8/18 high-low, and on-record recitation of terms.
Pages 1200–1224: Plaintiffs' Motion to Enforce Settlement; argument that "all the way to verdict" applied to unadjusted raw jury verdict prior to statutory caps.
Pages 1231–1240: Claims specialist (Ms. Rucker) testimony on authority, negotiations, and defense understanding that high-low applied solely to recoverable compensatory damages.
Pages 1256–1263: Defense witness testimony regarding the 4:58 p.m. text seeking to clarify that high-low was compensatory-only and extinguished punitive damages.
Pages 1275–1289: Judicial questioning and defense testimony regarding contract formation timing and definition of "all the way to verdict."
Pages 1320–1336: Defense testimony regarding negotiation sequence, corporate authority, and final recoverable damage assumptions.
Pages 1344–1362: Cross-examination of defense representatives concerning authorization for high-low triggers based on raw vs. cap-adjusted verdicts.
Pages 1404–1445: Plaintiffs' counsel (Erica B. Slater) testimony regarding offer conveyance, text memorialization, and verdict trigger definitions.
Pages 1457–1466: Closing oral arguments presented to the Court on March 25, 2025 regarding settlement enforcement.
Pages 1490–1507: Additional witness testimony regarding execution timing and scope of confidentiality.
Page 1530: Trial court ruling and legal analysis section.
VERIFIED PRIMARY SOURCE LINK REPOSITORY
3,000+ Page Complete Trial Court Transcript Vol. 1:
URL: https://jury-watch.org/simon-law-trial-transcrpt
Complete Trial Court Transcript Vol. 2:
URL: https://jury-watch.org/simon-law-transcript-pt-2
Plaintiffs' 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
Substack Article Archive (April 1, 2026 Expose):
URL: https://litigantproseadvocate.substack.com/p/the-481m-dollar-birth-injury-verdict
Respondents Brief Court Filing Excerpt:
URL: https://www.facebook.com/share/p/1FRUiGwnqt/
Appellants Reply Brief Court Filing Excerpt:
URL: https://www.facebook.com/share/p/1HTrbW4FRn/