Phillip A. Tatlow

Attorney Profile

Top Rated Personal Injury Attorney in St. Louis, MO

Bollwerk & Tatlow, LLC
 | 10525 Big Bend Road, St. Louis, MO 63122
Phone: 314-649-4771
Fax: 314-315-8113
Selected To Super Lawyers: 2014 - 2019
Licensed Since: 1991
Practice Areas:
  • Personal Injury - General: Plaintiff (50%),
  • Employment & Labor: Employee (30%),
  • Workers' Compensation: Claimant (20%)
Attorney Profile

A partner at Bollwerk & Tatlow, LLC, Phillip A. Tatlow has developed a well-deserved reputation among his fellow attorneys as a premier civil litigator. He has received an AV Preeminent* peer review rating through Martindale-Hubbell and a 10.0 "Superb" peer review rating through Avvo, and he has been named to The National Trial Lawyers: Top 100 and the America's Top 100 High Stakes Litigators for Missouri. Based in St. Louis, Missouri, Mr. Tatlow is admitted to practice in Missouri, Illinois and Wisconsin, and he is also admitted to practice before the U.S. District Court for the Eastern District of Missouri and the U.S. Court of Appeals for the 8th Circuit.

Mr. Tatlow focuses a portion of his practice on personal injury litigation, representing clients who have been harmed by the negligence of other parties in cases arising out of motor vehicle and trucking crashes, nursing home abuse, premises liability and worker's compensation and ERISA litigation. He has been able to obtain numerous sizable jury awards and has negotiated numberous settlements throughout his career. This has resulted in his membership in the Million Dollar and the Multi-Million Dollar Advocates Forum and the America's Top 100 High Stakes Litigators. Mr. Tatlow also assists people who have been injured on the job and who are trying to obtain their rightful compensation under their employer's workers' compensation insurance coverage.

Another part of Mr. Tatlow's caseload involves the representation of employees and their family members who are members of group insurance plans governed by the Employee Retirement Income Security Act of 1974. The types of these ERISA plans have included life insurance, accidental death and long-term disability, and he has successfully handled lawsuits against many of the country's largest insurance companies that have delayed or denied his clients' claims, including Cigna Insurance Company (also called Life Insurance Company of North America), Liberty Mutual Insurance Company, Lincoln Life Insurance Company, Aetna, Prudential Insurance, Prudential Financial and The Hartford Financial Services Group, Inc. In addition to his courtroom successes in this part of his practice, Mr. Tatlow has also received many favorable results through arbitration and mediation.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

 
Practice Areas
Lawyer Practice Area Pie Chart

Personal Injury - General (50%): Motor Vehicle Accidents, Personal Injury - Plaintiff, Wrongful Death, Brain Injury, Trucking Accidents

Employment & Labor (30%): Employment Law - Employee, Unions, Labor Law

Workers' Compensation (20%)

Focus Areas

Motor Vehicle Accidents, Personal Injury - Plaintiff, Wrongful Death, Brain Injury, Trucking Accidents, Employment Law - Employee, Unions, Labor Law

Selections

Selected to Super Lawyers for 6 yearsbottom-image

Super Lawyers: 2014 - 2019

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About Phillip Tatlow

Admitted: 1991, Missouri

Professional Webpage: http://www.bollwerktatlow.com/bio/phillip-a-tatlow-tatlow.cf...

Honors/Awards:

  • Member, Million Dollar Advocates forum
  • Member, Multi-Million Advocates Forum
  • Member, Super Lawyers
  • Phil is honored to be rated AV by Martindale-Hubbell since 2000, the first year he was reviewed. , AV rated, Martindale-Hubbell , 2019
  • Phil is pleased to be slected as a Top 100 High Stakes Litigators in Missouri. The minimum requirement for consideration is handling a case for a Plaintiff with a recovery of $2,000,000 or more., American Top 100 High Stakes Litigators, American's Top 100, 2018
  • Phil is pleased to retain his AV rating by Martindale-Hubbell., AV Rated, Martindale, 2018
  • Phil is pleased to be selected to Missouri Top 100 Litigators as a Lifetime Member in the category Civil Plaintiff., Missouri Top 100, National Trial Attorneys , 2018
  • Phillip is rated 10/10 by Avvo which is considered Superb and is Avvo's best rating for an attorney., AVVO 10.00 rating, AVVO, 2018
  • Phil is pleased to be selected in the Top 100 National Trial’s Lawyer’s Association for Personal Injury Attorneys., Top 100 Trial Attorney in Personal Injury, National Trial Lawyer's Association, 2017
  • Phil is pleased to retain his top rating by AVVO at 10.0, AVVO, AVVO, 2017
  • Phil continues to be AV rated by Martindale Hubbell. , Martindale AV rated, Martindale Hubbell, 2017
  • Phil is pleased to retain his distinction of AV by Martindale Hubbell. This is considered the top rating by Martindale Hubblell., Martindale, Martindale Hubbell, 2016
  • Mr. Tatlow was AV rated the first time Martindale rated him as an attorney and is pleased to retain that distinction. He has been rated AV for greater than ten years., AV rated, Martindale, 2016

Bar/Professional Activity:

  • Member, Top 100 Missouri Trial Attorneys
  • United States Court of Appeals for the 8th Circuit
  • Member, Top 100 High Stakes Litigators
  • Member, Illinois State Bar Association
  • Member, Bar Association of Metropolitan St. Louis
  • United States District Court for the Eastern District Court of Missouri
  • Member of Trial Lawyers Association St. Louis, 2019
  • Member of BAMSL (Sustaining Member of Bar Association of Metropolitian St. Louis)., 2019
  • Member of American Association of Justice (AAJ formally ATLA)., 2019
  • Member of Missouri Association of Trial Attorneys (Mata), 2019
  • Member of Missouri, Illinois and Wisconsin Bar Associations., 2019

Pro bono/Community Service:

  • Phil served the VP in driving in the St. Louis Parade and also in working in the ball for the VP., 2018
  • Phil serves the VP and helps work at the annual VP parade and VP ball, 2019
  • Phil continues to serve as a driver of floats in the annual St. Louis 4th of July VP parade., 2016

Scholarly Lectures/Writings:

  • 8th Circuit Social Security Conference on ERISA law, Lecturer
  • Missouri Paralegal Association Annual Conference on How to Handle Worker's Compensation Claims, Presenter
  • Washington University Law School Courtroom on behalf of USA&M, Lecturer
  • Phil presented a lecture and paper on Missouri Worker's Compensation for the Paralegal at the 2017 Annual Missouri Paralegal Association Meeting in Columbia, Mo. He spoke and wrote on an overview of PPD, PTD, TTD, accident, hardship hearings and the statutory changes in worker's compensation and about how the Second Injury Fund works., Speaker, Missouri Worker's Compensation for the Paralegal, Worker's Compensation, 2017
  • Missouri Association of Trial Attorneys, Personal injury topics, Lecturer
  • Phil was pleased to serve as a co-author of a seminar booklet on ERISA law on behalf of United States Arbitration and Medication. He along with three other attorneys presented a seminar at Washington University School of Law on ERISA law to other attorneys and practitioners on ERISA topics such as Current Issues in ERISA Claims and the Interplay with SSD, Workers Compensation and Personal Injury cases, Discovery and Breach of Fiduciary Duty Issues in ERISA policies and claims., Presenter and Author, ERISA 101: Current Issues in ERISA Claims and the Interplay with SSD, Worker's Comp and Mediation, United States Arbitration & Mediation: The Best Practice Series Seminar, ERISA, Law, 2016
  • Wrote paper and presented seminar to attorneys at the annual Missouri small firm and solo conference on how ERISA works and the implications that ERISA subrogation and reimbursement claims for health insurance has in Personal Injury cases and the interaction between ERISA and Social Security and worker's compensation Law., Author and Presenter, ERISA Litigation in your non- Erisa Practice at the Annual Small firm and Solo Conference, Mo Bar Association, Missouri Small Firm And Solo Conference, 2015
  • Wrote chapters and presented several topics including: Permanent Disablity and Ethical Considerations from the Claimant's Perspective for annual Fundamentals of Workers' Compensation Seminar., Presenter and Author, Fundamentals of Workers' Compensation Law, Sterling Education Services, 2014
  • Authored and presented topic of ERISA and the interplay with Social Security Law for 8th Circuit Social Security Disablility Annual Conference., Author and Presenter, The Interplay between ERISA and Social Security, 8th Circuit Social Security Disablity Conference, 2014

Verdicts/Settlements:

  • Jordan v. Aetna Life Ins. Co., 2012 US Dist., LEXIS, 5158
  • Touhey v. Hartford, 2013, US Dist. Lexis, 174973
  • Ennis v. Prudential Ins. Co. of AM, 2013 US Dist. LEXIS 7118
  • Thompson v. Hubbard, 257 F.3d 920
  • Ballard v. Prudential Ins. Co of Am, 2013 US Dist LEXIS, 166067
  • Ahearn v. Fibreboard Corp., 162 F.R.D.505
  • Feltrop v. Johnson, 864 S.W. 2d 360 (Mo App ED 1993)
  • Barnett v. Gibson, 986 S.W. 2d 509 (Mo App ED 1999)
  • Bauer v. Consolidated Freightways Co., 867 S.W. 2d 610 (Mo App ED 1993)
  • Dieser v. Continental Casualty Co., 440 F. 3rd 920 (CT. App 8th Cir. 2006)
  • In Two ERISA Long Term disability benefits cases Phil’s clients sued in Federal Court a carrier for the denial of LTD (Long Term Disability) benefits. The Complaint alleged a fraudulent scheme and unfair trade practices by the insurance company using Doctors that were either lying about medical evidence or ignoring all competent evidence in an effort to defraud insureds of benefits. These ERISA cases were unusual in that Mr. Tatlow convinced the US District Court to allow him to proceed with breach of fiduciary duty claims in addition to the denial of benefits claims even though this is generally not allowed. He also sued the plan sponsers in  The two cases were mediated and settled together for over $200,000. , 2019
  • In Zigman v. Kaericher, Mr. Tatlow obtained $120,000, including, a policy limits settlement from State Farm Insurance for $50,000 and obtained an additional settlement of $80,000 from Ms. Zigman's underinsured motorist carrier for $80,000 for a total settlement of $120,000. Ms Zigman suffered a broken nose, abrasions and contusions to her pelvic area, sore wrists and sore shoulders after the defendant pulled out of a private drive to make a left turn. He failed to yield the right of way and tried to beat Ms. Zigman causing the accident. She was a student in college home from break and driving a vehicle insured by her Father. The defendant lived at home and was also insured by a policy provided by his parents. The amount billed and the amount paid were significantly different. The amount billed was nearly $80,000 but the amount paid was only about $6,000. , 2018
  • Kulp v. Name Confidential:Settlement of $110,000.  Automobile accident in St. Louis County. Rear-end collision when Plaintiff was driving a work truck in HWY 40 at 7:00 am on the way to a job. Plaintiff suffered soft tissue injuries to his neck and back and knee and to his shoulder with no surgeries. He aggravated two elbow prior injuries that were from a repetitive trauma worker’s compensation claim that was still pending at the time of the automobile accident. His medical expenses that were paid at issue in the civil personal i jury case were approximately $11,000. The case settled at mediation two weeks before trial for $110,000. He had already recovered in the prior repetitive trauma injury under worker’s compensation case for his elbow injuries and also had settled the worker’s compensation claim arising out of the automobile accident for approximately $40,000. The combined worker’s compensation and automobile accident settlements exceeded $150,000. , 2018
  • Fletcher v. Tomlinson: Settlement of $850,000. Plaintiff sued four St. Louis City Police officers, Joseph Tomlinson, John Moton, Nicholas Martorano, Jonathan Carroll, the City of St. Louis, Corizon Medical Center and a Jail Doctor and nurses for excessive force during an arrest and for inadequate medical care while being held in the St. Louis City jail. Plaintiff's tried the case in the United States District Court Eastern Division of Missouri,  against the four officers and received a jury verdict for $600,000 in damages against two of the officers, John Moton and Nicholas Martorano ($200,000 in actual damages, and $400,000 in punitive damages). In addition, Plaintiff has received an award of $185,969.91 in attorney's fees and costs for a total judgment of $785,969.91. Plaintiffs resolved the case against Defendants Corizon Medical, the jail, the jail Doctor and the Nurses under a confidentiality agreement prior to trial and proceeded to trial against only the individual officers. This excessive force claim alleged that the officers punched, tasered and hit Plaintiff with baton and a blackjack, when he was being arrested and when he was already subdued in handcuffs and was not resisting arrest. He further alleged that the officers shut off the video camera in the arrest to prevent any evidence of the force used from coming into evidence. Plaintiff suffered a broken eye socket, a broken cheek, a broken nose, bruising about his body and kidney failure that needed hospitalization to improve. He alleges that he has headaches and needs periodic visits to a doctor due to the injuries suffered in the arrest. The verdict was in August 2016 and the Attorney's Fees and Costs awarded by the Court were in October, 2016., 2018
  • Fletcher v. Tomlinson: US Court of Appeals, 8th Circuit, Civil Rights Excessive Force case previously reported was affirmed on appeal. The court found that a police department and officers from the City of St. Louis involved in an excessive force case in which the victim suffered kidney damage, brain bleeding and other injuries properly read into evidence the testimony of a medical expert that was hired by the settling co-Defendant, City of St. Louis Jail (operated by Corizon), and the record showed that the officers had the opportunity to cross-examine the expert, and the discrict court properly admitted the out-of-court testimony under Rule 32 (a) (4) (B) since the expert worked in Chicago and was more than 100 miles away from the U.S. Disctict Court for the Eastern Division of Missouri. On the second count on appeal the court found that where an officer challenged a punitive damages award against him, the judgment is affirmed because the evidence established the use of excessive force, that one officer caused significant injuries to the victim and there was sufficient evidence of malice, recklessness or callous indifference to support ther verdict based on the victim's testimony and extensive injuries. After the judgement was affirmed, Mr. Tatlow, on behalf of Plaintiff moved for his attorney's fees on appeal. The 8th Circuit found that the fees were warranted but remanded to Judge White for consideration. Before that decision, the parties settled the case for $850,000 which consisted of the first verdict of $600,000, attorney's fees and costs that were awarded post trial by Judge White for $187,000 and an additonal sum of $63,000 for additional fees on appeal for a total settlement of $850,000., 2018
  • In Touhey v. Cigna, Mr. Tatlow obtained policy limits on a Long Term Disablity Policy for a chief fundraiser for Maryville University along with 7 years of interest and an award of $75,000 in attorney's fees after Cigna twice denied him claiming he retained the ability to work in sedentary employment. This was a Federal ERISA case in St. Louis Missouri and is further discussed along with the award on his web site. The award with interest was approximately $225,000 and attorney's fees., 2014
  • Phillip Tatlow obtained a confidential settlement in a recent OSHA Wrongful Death case in Webb v. Coatings Unlimited, INc., and KCI, International (Along with EMC, Inc. and the City of St Charles). The venue of the case was St. Charles Circuit Court in Missouri. The case alleged numerous OSHA violations against KCI and Coatings Unlimited for their failure to follow proper safety rules, failure to train Mr. Webb and other employees on hazaderous chemicals, failure to provide proper respiratory equipment to Mr. Webb, failure to provide proper air monitoring equipment at the site, failiure to provide a hole watch for Mr. Webb when he went underground to coat the pipes, failure to follow or train employees on confined space procedures and failure to have rescue equipment to retrieve a worker out of a confined space once they became unresponsive. OSHA charged KCI and Coatings Unlimited, Inc. with numerous OSHA violations, some willful, and fined them each a substantial sum. Coatings was assessed a total of $224,000 in fines by OSHA and while not admitting to liability paid the fines. KCI also paid fines but did not admit any wrongdoing.  Mr. Webb was 53 at the time of his death and survived by a spouse in her early 50's and two adult children. He died in an underground chamber which is a confined space afer a two day exposure to both MEK and paint solvents that he was ordered by his supervisor to use at the job site. He used these materials to clean and paint the pipes in the underground tanks of Boschertown sanitary lift station in St. Charles, MO. KCI was the general contractor and Coatings Unlimited was the subcontractor and employer of Mr. Webb. Mrs. Webb also sued the manager of the KCI jobsite for gross negligence for his failure to train Mr. Webb of the hazards of the work site and failure to monitor him when he was underground.  Mrs. Webb, the surviving spouse, at the urging of Phillip Tatlow returned the worker's compensation death benefit checks to the employer and elected to proceed in civil court for his death instead of in worker's compensation. This turned out to be a very valuable decision. After many motions were filed, Plaintiff prevailed and the Judge said she could proceed in civil court instead of worker's compensation and the case was scheduled for trial. Mrs. Webb and her two adult childred claimed damages of: $2,000,000 for the death of a spouse, $500,000 for the loss of a Father, $830,661 in past and future income loss and $500,000 in pain and suffering that Mr. Webb went through from the time he was trapped in the hole until when he died of MEK and paint fumes exposure. The City of St. Charles and EMC, Inc. had settled for a confidentil sum far in advance of trial. The two remaining Defendants, KCI International and Coatings Unlimited, Inc. settled shortly before trial for a confidential sum that exceeded the thiry year life expectancy of Mrs. Webb and the death beneftis that she would have received in worker's compensation had she lived thirty years and collected all benefits.   Mr. Tatlow notes that it is common in large civil cases for the Defendants to require a confidentiality agreement so the parties can't reveal the total amount settled for and in which the Defendants still settle but get to say they do so without any admission of liablity or wrongdoing. He also points out that it is rare to get to proceed outside of worker's compensation and that employers and insurers want to proceed in worker's compensation because the claims are worth alot less, based upon how the worker's compensation laws are written., 2016
  • In Chapman v. Federal Express Custom Passport, Inc., Mr. Tatlow settled the case in mediation for $668,094 after several hardship contested hearings for medical care and TTD. This case involved a worker who slipped and fell on the basement floor of her employer's building while she was on a break from work. The substance was a hidden fluid that was believed to have come from an antique automobile that had been stored there in the past few week. She alleged that the fall caused a torn rotator cuff tear, a wrist sprain, a knee contusion and a herniated disc in the neck. She alleged psychological depression and anxiety due to the hostile work environment of the employer.  The case was aggressively defended by the lawfirm for the Defendants and they alleged that her neck treatment was not all related due to her narcotic dependency and that her use of such medicines hindered her recovery. The argued her neck hernitation was from degeneration, but Mr. Tatlow got an independent physician appointed by the Judge who found that the fall caused a worsening of her condition and caused the need for a neck surgery. The Defendant/Employer also alleged that her preexisting conditions and her psychological condition disabled her and that these things weren't due to her fall. Mr. Tatlow argued that the employer either caused or aggravated her psychological condition by retaliating against her due to her worker's compensation claim and that his client had to quit work due to the employer's negative actions. He argued that they had constructively discharged her and that due to her physical conditions and her depression that she could never work again. She claimed permanent and total disability benefits against her employer and their insurance company. The Judge in mediation agreed with Mr. Tatlow and the employer and the employer and the insurer settled for a total of $668,094. This is comprised of payment of $186,358 in past medical expenses, Temporary Total benefits of $56,877.00, a lump sum of an additional $250,000 and $46,129.00 for present medical care and $128,730 in the future medical care with a payment of $6,130 each year for 21 years., 2017

Transactions:

  • Phil retained his 10.0 Rating, the highest possible rating, from AVVO, 2018
  • Phil Was selected to America's Top 100 High Stakes Litigators. This honor requires a minimum of $2,000,000 on a recovery in a Plaintiff's case., 2018
  • Phil retained an AV rating by Martindale, 2018
  • Phil is pleased to retain his AV Martindale Hubbell rating., 2017

Representative Clients:

  • Phil has represented many Anheuser Busch Local 1187 and Local 6 Union members in cases involving: ERISA Life Insurance and Long Term Disability claims, worker’s compensation claims and civil claims for injuries and hearing loss. For the past 5 or more years he has represented many Metal Container Union members for hearing loss and repetitive trauma injuries and accidents at work., 2018
  • Phil routinely represents Anheuser Busch Union workers such as brewers and bottlers, as well as a variety of other trades on worker's compensation claims, work accidents, long-term (ERISA) disability issues, life insurance and accidental death benefit cases. He has also been representing more Doctors, Lawyers and Executives in cases against their company and the ERISA Long Term Disability Carriers when they become disabled and their benefits are denied., 2005

Other Outstanding Achievements:

  • 2000 to 2019 AV rated by Martindale, 2000
  • AVVO Top Rated, 2018

Educational Background:

  • Phil graduated from the Universiy of Missouri with a Bachelor of Arts in Sociology and Psychology, 1986

Industry Groups

  • Employee Benefits
  • ERISA law
  • Nursing Home Cases
  • Personal Injury
  • Trucking
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Office Location for Phillip A. Tatlow

10525 Big Bend Road
St. Louis, MO 63122

Phone: 314-649-4771

Fax: 314-315-8113

Phillip A. Tatlow:

Last Updated: 7/22/2019

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