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The following are illustrative cases handled by lawyers in our firm over the past twenty-five years. Each case is unique and any statements regarding standards of medical/nursing care contained in these cases should be considered as illustrative statements which may or may not be applicable in a given situation. Settlement or verdicts in any given case are highly dependent upon the facts of each case. As such, the outcome of a particular case cannot be predicted based upon the past outcome of other cases or the experience of a particular lawyer or law firm. Each of the cases presented were defended by counsel representing the defendants who denied liability. All cases listed as resulting in settlement or a Plaintiff’s verdict were collected by payments by the defendants liability insurance carriers.

 

SETTLEMENT

Grant Richman PLLC is pleased to announce the resolution of a claim involving a traumatic brain injury that was suffered by our client at 35 year old father of, husband and technical writer who was rendered incapable of working. Our client was injured when his motor vehicle was struck by a tire that came off a speeding tractor trailer on an interstate highway in New Jersey causing his vehicle to impact the tire when the wheels came off the axel of this 18 wheeler. As a result of this settlement our client is now receiving a stream of income that resulted in his family being able to financially weather today’s economy.

SETTLEMENT

The firm of Grant Richman, PLLC is pleased to announce the resolution of a claim involving the death of a father of two teenage girls who was prematurely killed as a result of the malpractice of a cardiology fellow during the removal of an intra aortic balloon pump. Our client was caused to die within two hours of the removal. It was discovered that the medical and nursing staff did not employ proper protocols for the devices removal. As a result of the settlement a fund of money is now available to not only help support his widow but to secure the college education of his two teenage children.

SETTLEMENT

The attorneys at Grant Richman are pleased to announce the resolution of a claim involving the death of a 38 year old man who was struck and killed while walking across the street in Albany County New York. As a result of the settlement his family will have funds to purchase the basic necessities of life.

SETTLEMENT

Grant Richman, PLLC is pleased to announce the resolution of a claim involving the traumatic brain injury of a 25 year old man whose motor vehicle was hit in the rear while he was stopped at a red light. As a result of the settlement our client is able to pursue special education too allow him to cope with his injury.

SETTLEMENT

The firm of Grant Richman, PLLC is pleased to announce the resolution of a claim involving the unauthorized use of injectables by non medical personnel at a medical spa in New York. As a result of the settlement there is closer scrutiny of these medical spas and what they are and are not allowed to perform in the services they render.

SETTLEMENT

The attorneys at Grant Richman are pleased to announce that they settled a case for a client who suffered a closed head injury traumatic brain injury as a result of an automobile accident that took place in upstate New York. The settlement for the policy limits was a result of the efforts of Howard S Richman and counsel from the eastern maritime provinces’ of Canada.

SETTLEMENT

The attorneys of Grant Richman are pleased to announce the settlement of a pedestrians claim for injuries after she was struck by a n SUV driven in a parking lot. Our client suffered a fractured ankle, double vision, skull fracture, and facial nerve palsy. The settlement, approved by the court, was concluded after lengthy negotiations by Howard S Richman.

SETTLEMENT

The attorneys of Grant Richman PLLC are pleased to announce the settlement of a clients claim against a medical spa in which it was claimed that unauthorized persons administered what amounted to medical treatment to our client resulting in serious bodily injury . The settlement against this spa in an area where there has been no regulation by the State of New York came about as a result of aggressive litigation and laborious negotiations by Howard S. Richman.

SETTLEMENT

The firm recently resolved a negligent infliction of emotional distress case on behalf of the mother who delivered twins in which the claim arose out of the failure to properly resuscitate a new born infant who was the second born twin. The child survived four days after birth and was cared for at a tertiary care facility after his transfer from the Level I nursery and medical staff that participated in this delivery.

SETTLEMENT

The attorneys at Grant Richman, PLLC successfully concluded a Military Claims Act case in which they represented a three (3) year old boy who was seen on two occasions at a military hospital at a USAF Base in the United Kingdom. On each occasion the parents reported the child to have complained of testicular pain and on each occasion they were told there was nothing wrong. The parents sought the assistance of a British pediatric urologist who immediately diagnosed the child, took him to surgery but was unable to save the twisted testicle but was able to save the remaining testicle.

SETTLEMENT
EMERGENCY ROOM /RADIOLOGY MALPRACTICE.

Wrongful death claim for a small child who had been physically abused by boyfriend of mother and presented to hospital with signs and symptoms of a closed head injury (ataxia, balance difficulties). The Emergency Room physician initially suspected a closed head injury, but discharged the child home after a CT scan was erroneously read as negative by a general radiologist. The child then died after receiving further abuse from the boyfriend resulting in aggravation of the cerebral hemorrhage. The case was settled by payments from the hospital, radiologist and emergency room physician.

SETTLEMENT
FAMILY PHYSICIAN MALPRACTICE-WRONGFUL DEATH-PULMONARY EMBOLISM.

A 46 year old wife and mother died after presenting to her family physician with signs and symptoms of a pulmonary embolism (shortness of breath, sense of impending doom) with risk factors (obesity, birth control pills, age 40+) for pulmonary embolism. The wife and mother presented to the family physician on Monday who placed her on bed rest and high blood pressure medication but did not administer tests to assist in screening for a pulmonary embolism (V/Q scan, pulse oximetry or arterial blood gas tests). The decedent returned for a follow-up on Wednesday of the same week with additional symptom of a cramp in her calf which could be suggestive of a deep vein thrombosis. Patient was discharged to return as necessary and died later that night while surrounded by friends and family for a family birthday party. An autopsy indicated that there were emboli found in the decedent’s lungs which had been present for several days prior to death and which would have explained the decedent’s symptoms.

SETTLEMENT
EMERGENCY ROOM AND FAMILY PHYSICIAN MALPRACTICE - PULMONARY EMBOLISM

A 42 old husband and father died on Day 5 after presenting on Day 1 to the local emergency room, then following up with his family physician on Days 2 and 4 plus a phone call to the physician on Day 3. The Emergency Room physician diagnosed the decedent with anxiety and hyperventilation. On Day 2, an associate physician unfamiliar with the decedent ordered tests and the Emergency Room record for further follow-up. On Day 4, the primary attending family physician dismissed the decedent as being much improved, contrary to the assertions of the decedent’s widow who accompanied him, to that office visit. Decedent’s medical records contained evidence of shortness of breath, dyspnea, chest pain and tachycardia (elevated heart rate), the combination of which one of the primary defense experts had written was highly suggestive of a pulmonary embolism. Despite these combination of signs and symptoms, no arterial blood gases were performed, nor a V/Q scan or helical or spiral CT scan, all of which would have likely been diagnostic of pulmonary emboli which were found on autopsy. According to the plaintiff’s pathology expert, some of the emboli had been present for longer than 4 days and would have explained the decedent’s symptoms at the time of presentation to the emergency room and family physician practice.

SETTLEMENT
HOSPITAL ANESTHESIOLOGIST MALPRACTICE-PARALYSIS FROM EPIDURAL HEMATOMA.

A 78 year old widow suffered an epidural hematoma following vascular surgery for revascularization of her leg. The plaintiff’s contentions were that the anesthesiologists failed to timely apprehend the continued weakness and loss of movement in her legs for several days post-operatively. When finally evaluated by a neurologist summoned by the family, an epidural hematoma was discovered a the site of an epidural catheter which had been left in place post-operatively for pain relief. The epidural hematoma created pressure on the spinal cord causing paralysis of the legs. The case was settled with payments by the hospital and anesthesiologists.

SETTLEMENT
SURGICAL AND HOSPITAL MALPRACTICE-WRONGFUL DEATH.

A 23 year old wife and mother of two small children, who also worked at full time public employment, lapsed into a coma and subsequently died after elective gall bladder surgery. Post-operatively, the decedent had prolonged periods of nausea and vomiting which, with customary post-operative loss of body fluids, caused her to become dehydrated and suffer a loss of sodium resulting in a condition known as hyponatremia. Her estate alleged that proper post-operative monitoring by the surgeon and hospital nursing staff and/or timely reporting of the laboratory results showing her sodium to be at critically low levels should have resulted in administration of a salt solution to correct her low sodium levels and avoid her lapsing into a coma and death. The case was settled by payments from the surgeon and hospital.

SETTLEMENT
AUTOMOBILE ACCIDENT-SERIOUS ORTHOPEDIC INJURIES RESULTING FROM FAILURE TO POST WARNINGS BY ROAD PAVING CONTRACTOR AND STATE DEPARTMENT OF TRANSPORTATION.

Plaintiff, a college student, suffered serious fractures to her knee and leg when her car skidded on a slick roadway causing the left front wheel of her car to “catch” the lip of an elevated lane of asphalt during a highway resurfacing project, pulling her car into a head-on collision with an oncoming tractor trailer.. The project had been discontinued due to onset of rainfall. The paving contractor laid “tack” a preparatory coat upon which asphalt is placed far in advance when the threat of rainfall was imminent. Upon onset of rainfall, the paving contractor left the scene without covering the tack. The tack was impervious to water rendering the surface “slick as ice” according to an investigating state trooper. No warnings were posted by the paving contractor or by the inspector from the state department of transportation supervising road construction. The case was settled by payments by both the paving contractor and the state department of transportation.

SETTLEMENT
AUTOMOBILE ACCIDENT-WRONGFUL DEATH OF YOUNG BOY FOLLOWING SPEED COMPETITION

The mother of a young boy brought a claim against the Estate of her ex-husband following death of both her son and the ex-husband in a single car accident resulting from unlawful speed competition. After settlement with the insurance carrier for the father, suit was brought against the other driver who was engaged in unlawful speed competition with the father which led to the fatal accident. After discovery, a settlement was reached with the insurance carrier for the other driver who engaged in the speed competition, but did not have contact with the father’s vehicle which was involved in the fatal accident.

SETTLEMENT
AUTOMOBILE ACCIDENT-SERIOUS ANKLE INJURIES FROM HEAD-ON COLLISION.

A wife and mother suffered a comminuted fracture of her ankle and her sons also suffered serious injuries when their automobile was struck head-on by an oncoming vehicle whose driver lost control when he over corrected after running off the right side of the road. The case was settled during discovery by payments to the mother and the injured sons.

SETTLEMENT
NURSING MALPRACTICE- IV INFILTRATION.

Female patient who had been admitted for hysterectomy suffered a infiltration injury resulting in Reflex Sympathetic Dystrophy (Complex Regional Pain Syndrome) from rapid administration of Mepergan while a post-operative patient following a hysterectomy. The attending nurse allegedly administered Mepergan over a few seconds rather over a period of several minutes as recommended. Although not standard of care at the time, current nursing standards for administration of Mepergan now recommend that this drug be given in the veins on the back of the hand because of the potential for injury there.

SETTLEMENT
AUTOMOBILE ACCIDENT-SERIOUS ARM INJURIES TO ELDERLY DRIVER.

An elderly lady in her 80s suffered serious injuries to her shoulder and arm resulting from the negligence of another driver. The case was settled during discovery by payment by the insurance company for the other driver.

SETTLEMENT
GROCERY STORE NEGLIGENCE-SLIP AND FALL-FRACTURED HIP TO A WOMAN IN HER SIXTIES.

A settlement was reached with a grocery store chain after one of its patrons fell in a puddle of clear water that had accumulated on the floor adjacent to a cooler display which had melting ice. Discovery revealed that employees of the particular store were aware of the tendency of the cooler drain to stop up and causing water overflow from melting ice in the display.

SETTLEMENT
GROCERY STORE NEGLIGENCE-SLIP AND FALL-BACK INJURY.

Plaintiff, a 30 year old wife and mother, suffered a serious injury to her back when she slipped on water near the entranceway to the grocery store on a rainy day. The store had placed mats at the entranceway but then employees had brought shopping carts inside from where they had accumulated water outside during a steady rainfall. The shopping carts tracked water across the mat and onto the tile floor. The clear water was not marked by any “wet floor” or other warning or caution signs to indicate that the floor was wet. A settlement was reached following discovery.

VERDICT
ONE ACCIDENT-TWO SEPARATE TRIALS
AUTOMOBILE ACCIDENT-FACIAL SCARRING.

Separate jury verdicts after separate trials in favor of the Plaintiffs were obtained for two brothers following an automobile collision at an intersection where the defendant driver, a school teacher, failed to yield right-of-way at a stop sign and drove into the path of the brother’s vehicle. In the first trial, the school teacher contested negligence and alleged contributory negligence of the brother driving the other vehicle. The jury rejected the defense and awarded a substantial verdict in favor of the brother to compensate him for serious scarring to his forehead. In the second case, the school teacher stipulated her liability and defended the case on damages. However, the jury still awarded a substantial verdict, compensating the parents for the medical bills to the second son, a minor, and awarding a substantial sum to the younger son.

VERDICT
WRONGFUL DEATH-PEDESTRIAN

A defense verdict resulted following a trial in which Plaintiff’s Executor that her son died as the result of the negligence of the Defendant in failing to keep a proper lookout. The decedent died while when struck at the edge of the roadway while walking facing oncoming traffic at night wearing light colored clothing in a dimly lit area. Defendant contended the decedent was contributorily negligent. Plaintiff survived a motion to dismiss Plaintiff’s claims and the case went to a jury but the jury returned a verdict for the defendant. 

VERDICT
DEATH CLAIM AGAINST GUN SHOP OWNERS FOR NEGLIGENT SALE OF HANDGUN TO A MINOR

A defense verdict was returned by the jury following a trial upon a claim that a teen age boy’s death from an accidental shooting was proximately caused by the negligent sale of a handgun to a person under twenty-one years of age in a sham transaction whereby an adult signed for the purchase of the gun, but the underage person was present examining the handgun under circumstances that made it clear that the purchase was intended to be made for the underage buyer. The defense contended that the adult was the purchaser and then delivered the gun to the underage person under circumstances that prevented the gun shop owners from knowing the handgun would ultimately be possessed by the underage shooter. The jury rejected Plaintiff’s claims.


VERDICT
MEDICAL MALPRACTICE-LAPAROSCOPIC GALLBLADDER SURGERY 4>

A jury returned a defense verdict following a trial upon contentions by the Estate of a decedent who suffered post-operative complications following gall bladder surgery. Plaintiff contended that the operating surgeon was negligent in failing to property identify the operative anatomy and by negligently transecting the common bile duct resulting in injury to the Plaintiff, who then developed sepsis from leakage of bile into the peritoneal cavity. The Plaintiff underwent a torturour post-operative course, including a MRSA infection, and ultimately died prior to trial. The jury found in favor of the defendant surgeon.

VERDICT
MEDICAL MALPRACTICE-EXPLORATORY LAPAROSCOPY/LAPAROTOMY-URETER OBSTRUCTION


A jury returned a verdict in favor of the Defendant gynecologist following a trial in which Plaintiff alleged that her ureterial obstruction resulted from the negligence of the gynecologist in failing to identify and protect the ureter during an exploratory take-down of adhesions in the area of the ureter.

VERDICT
MEDICAL MALPRACTICE-TOTAL ANKLE REPLACEMENT.

A jury returned a verdict in favor of an orthopedic surgeon who performed total ankle replacement surgery upon a 40 year old man who suffered from an arthritic ankle. Plaintiff contended that ankle replacement surgery was not a joint replacement that was accepted in the orthopedic practice because of the multiple geometric forces at work on the ankle joint and the lack of adequate blood supply to promote ingrowth of bone into the particular artificial joint.. Defendant contested that allegation by calling as an expert witness the designer of the particular type artificial ankle joint used, who admitted that he had never published a follow-up study supporting his contention that the ankle joint was safe for use. The jury rejected plaintiffs claim.

SETTLEMENT
FAILURE TO DIAGNOSE SPLENIC ARTERY ANEURYSM

This was an action pending in the EDNC Federal Court brought pursuant to the Federal Tort Claims Act under California Law for capped pain and suffering of $250,000 under California’s MICRA Law. Plaintiff was a in her early 30’s and 9 months pregnant when she experienced severe abdominal pain and was taken to Balboa Naval Hospital. She was diagnosed as having a possible rupture of the uterus and or placental abruption. She was taken to the delivery room where via a bikini cut incision a healthy baby was born. Upon entry into the uterus to deliver the child 1500 cc’s of blood was found by the resident obstetrician. Through the bikini cut an exploration of the uterus and lower abdomen was carried out and then an exploration of the upper abdomen was carried out. The source of the bleeding was not found and rather than convert the procedure to an open exploration and determine the source of the bleeding the patient was closed and sent to the recovery room for observation. Within 45 minutes of arrival in recovery she coded and bled out. She was taken back to the delivery room where an emergency exploration was carried out and the source of the bleeding was identified, a ruptured splenic artery aneurysm and her spleen and a portion of the pancreas was removed. In order to control the bleeding an emergency thoracotomy was performed. As a result of the thoracotomy the plaintiff suffers from post thoracotomy pain syndrome and is disabled from work.

VERDICT
AWARD FOR DEATH OF 66 YEAR OLD MAN AFTER SURGERY FOR RECTAL CANCER

Decedent, a 66 year old retiree, presented to Defendants for the removal of a low-lying rectal carcinoma and he underwent an Anastomosis of the bowel. The anastomosis ruptured 8 days after surgery, spilling fecal material into decedent’s abdomen and out the surgical wound. Plaintiff claimed that defendants failed to intervene surgically to this emergency. The emergency repair surgery was delayed for 16 hours. Decedent developed peritonitis and sepsis and remained in the hospital for next 8 months until his death.

VERDICT
LACK OF INFORMED CONSENT FOR INVASIVE RADIOLOGICAL TESTS WITH RESULTING VASCULAR DAMAGE AND BLEED WITH RESULTANT AMPUTATION OF LEG AND CONFINEMENT TO A NURSING HOME

The decedent, a man in his 70’s,was admitted to defendant hospital due to a long standing vascular problem that had resulted in multiple by pass procedures. The family had decided that the decedent was not have further tests or surgery as it was too risky for his health. The patients attending surgeon left for vacation and the house staff scheduled the patient for invasive testing and obtain the decedent’s signature on a consent form despite there being a note in the chart that no further tests were to be performed. A complication arose during the procedure which resulting in the decedent loosing his leg and living out the remain 4 months of his life in a nursing home.

VERDICT
MEDICAL MALPRACTICE FOR FAILING TO RECOGNIZE A PULMONARY EMBOLUS

Plaintiff died at age 30 due to the negligence of an Emergency Room at a Naval Hospital as a result of a physician failing to perform necessary diagnostic tests with a suspicion of pulmonary embolus.

The deceased plaintiff was seen in the emergency room over a period of five days complaining of dyspnea (shortness of breath). The patient was diagnosed as having an anxiety attack and was directed to see her pastor.

The patient collapsed at a local gas station and was transferred emergently to a local hospital where she was diagnosed with a massive pulmonary embolism and died.

The autopsy performed later that same day revealed thrombi within the inferior vena cava as well as massive bi-lateral pulmonary emboli.

VERDICT
FAILURE TO APPROPRIATELY MONITOR COUMADIN LEVELS WITH RESULTING BLEED AND DEATH

Decedent a man in his 70’s was under the care of two physicians for issues dealing with clotting factors. While each physician saw the patient on a weekly basis each of them thought the other was monitoring the coumadin levels. The patient while working as a delivery man collapsed and died from a brain bleed due to the fact his clotting factors were abnormal. Each physician blamed the other.

VERDICT
LOSS OF VISION IN ONE EYE

Plaintiff brought suit against an eye surgeon for failing to follow up of complaints of pain and decreased vision after a cataract removal procedure. Patient’s complaints consistent with a retinal detachment were ignored until he sought care at an eye doctor not affiliated with the original surgeon. Patient underwent multiple procedures at the hands of eye surgeons but ultimately lost vision in the effected eye.

SETTLEMENT
MEDICAL MALPRACTICE FOR FAILING TO TIMELY DIAGNOSE RETINOPATHY OF PREMATURITY IN AN INFANT RESULTING IN COMPLETE, BI-LATERAL BLINDNESS

This case was filed In The US District Court for Hawaii and involved care received at an US Air Force Hospital. The essence of the medical malpractice allegations involved in this case concern the failure of the defendants to timely order a screening examination for Retinopathy of Prematurity for the child between four to six weeks after birth resulting in complete, bilateral blindness. It is the position of the plaintiffs that a timely eye examination by an ophthalmologist would have permitted the child to receive timely laser surgery in both eyes that would have provided her with an excellence chance of having sight in both eyes.

SETTLEMENT
ONE YEAR DELAY IN DIAGNOSIS OF BREAST CANCER

This case was filed in the US District Court for Hawaii and arises out of care given to an US Army Dependent at an US Army Hospital in Hawaii. For a year prior to the patient presenting to local civilian doctors she presented to military doctors and clinics complaining of abnormal discharge from one of her nipples. The physicians did not consider Paget’s disease and constantly diagnosed the patient as having mastitis or an inflammation of the breast. As a result of the one year delay in diagnosis and treatment for breast cancer the patients cancer was allowed to grow and her prognosis worsened.

SETTLEMENT FOR WRONGFUL DEATH OF 60 YEAR OLD MOTHER OF GROWN CHILDREN.

Decedent came under the care of defendant hospital and cardiologist for a stenting procedure due to chest pain and cardiac symptoms. The procedure was performed at an institution that did not have the facilities to perform coronary artery bypass surgery. Standards of care required that stenting only be performed at institutions with surgical backup facilities. The decedent’s stenting procedure was complication by a tearing of the artery to be stented. Patient died as a result of not being able to be taken to surgery on an emergent basis.

SETTLEMENT
FOR RSD/NEUROLOGICAL INJURY TO RIGHT ARM AND SHOULDER

The plaintiff was injured at age 34 when entering a drug store and was struck on her right shoulder and right side of her body by a malfunctioning electronic entrance door. She was pinned at the shoulder against the wall, and subsequently required surgery for a shoulder impingement. She then developed reflex sympathetic dystrophy of the right upper extremity requiring numerous stellate ganglion blocks in her neck to help her cope with the pain. She also sustained injury to her right wrist consistent with a carpal tunnel syndrome and underwent surgery for the right carpal tunnel release. Her injuries and disabilities are permanent. She is not able to work because of the present condition of her right arm and right hand. She has two children for whom she is responsible as a single mother and does not take pain medication in order to be alert to their needs. She will suffer with pain and disability indefinitely.

Prompt treatment with Heparin and ultimately Warfarin would in all likelihood have prevented the massive embolization which resulted in the patient’s death.

SETTLEMENT
FOR WRONGFUL DEATH OF 66 YEAR OLD RETIRED MAN

A wrongful death action was recently settled on behalf of the estate of a deceased retiree for $225,000 as against a cardiologist and hospital. The case alleged improper cardiac monitoring in a known cardiac patient resulting in a massive heart attack and death.

A 66 year old man with prior history of myocardial infarctions presented to the emergency of defendant hospital with complaints of chest pain, shortness of breath and pain radiating down both arms. The patient was observed in the emergency department overnight. The next morning he was admitted to a regular room rather than the Cardiac Care Unit. Cardiac monitoring was not available in the room he was in. Over the course of the next few days, the patient experienced repeated bouts of chest pain. In addition, he experienced anginal pain during a stress test which was performed at a low level of exercise. The patient was kept in the room and not transferred to the CCU. Several days later the patient went into cardiac arrest, was transferred to the CCU and died.

The decedent was retired and survived by a wife and five adult children.

SETTLEMENT
DELAY IN DIAGNOSIS OF BREAST CANCER FOR ONE YEAR THREE MONTHS.

37 year old white female presented to her gynecologist's office within one week of finding a lump on her right breast. The gynecologist referred her for a mammogram. The radiologists performed both a mammogram and sonogram and concluded that the lump was not malignant. The radiologist recommended clinical studies should the lump persist.

The plaintiff returned to the gynecologist's office several more times over the next few months still complaining about the presence of the lump. No biopsy was performed.

Twelve months later, the plaintiff on her own initiative returned to the radiologists' offices for a follow up mammogram. The radiologists concluded that the lump was not malignant. Three month's later, during plastic surgery, the lump was removed and biopsied. It was cancerous. The plaintiff underwent a partial mastectomy as well as chemotherapy and radiation.

Patient was diagnosed at stage one at the time of diagnosis and was doing well five (5) post diagnosis.

Case Settled with payment from gynecologist of 2/3's of the settlement and 1/3 from the radiologist.

SETTLEMENT
MEDICAL MALPRACTICE CEREBRAL PALSY AND BRAIN DAMAGE

The infant Plaintiff was delivered with the use of pitocin as an augmentation medication to help the labor progress. The infant was born with low apgar scores and suffered from seizure activity in the NICU. The child was diagnosed with Cerebral Palsy and Brain Damage. The case settled with payments from both the hospital and the delivering obstetricians.

SETTLEMENT
MEDICAL MALPRACTICE FAILURE TO RESUSCITATE AN 18 MONTH INFANT WITH SEIZURE ACTIVITY WITH RESULTANT BRAIN DAMAGE

The infant plaintiff was seen in the doctors office with an elevated temperature and a condition consistent with a viral infection. Shortly after leaving the physicians office she developed seizure activity and was rushed to the Emergency Room at a local hospital. The Emergency Room doctor failed to administer appropriate medications in a timely fashion to control the seizures and failed to protect and support the child’s airway via timely intubation resulting in a child with severe brain damage. Case was settled via the payment of monies by both the physician and hospital involved into a Special Needs Trust.

SETTLEMENT
MEDICAL MALPRACTICE CEREBRAL PALSY

The infant Plaintiff was delivered with apgar scores of 1 and 3 at one minute and three minutes respectively and suffered from neonatal sezures within 24 hours of birth. Hospital and Attending OB GYN’s were sued and it was alleged that there was a failure to employ the use of fetal monitors during the course of the labor and delivery of the plaintiff. The hospital and doctors contributed to the settlement of the matter.

SETTLEMENT
MEDICAL MALPRACTICE FOR FAILING TO RECOGNIZE SIGNS OF SPINAL CORD DAMAGE AND RESULTING PARAPLEGIA

SETTLEMENT
MEDICAL MALPRACTICE FOR ERBS PALSY INJURY

The infant Plaintiff was found to have significant brachial plexus nerve injury. The Defendant obstetrician at the time of the delivery did not document any standard maneuvers that were employed to release the impacted shoulder in the pelvic structure. Plaintiffs’ theory of the traction injury to the brachial plexus was confirmed by multiple expert witnesses. The infant Plaintiff was left with a permanent impairment of the upper extremity function as well as persistent abnormal posturing and a possible limb length discrepancy.

SETTLEMENT
MEDICAL MALPRACTICE FOR FAILING TO UTILIZE AN INTRA AORTIC BALLOON PUMP

75 Year old man with mitral valve problems was admitted to the defendant hospital for valve replacement surgery. Post operatively defendant physician prematurely removed the intra aortic balloon pump and the patient had a vascular collapse resulting in injury to his peripheral circulation. The decedent was caused to loose one of legs below the knee.

SETTLEMENT
OVERDOSE OF PAIN MEDICATION INTO INTERTHECAL PUMP

The plaintiff was visiting her son in the United States and was a long time recipient of pain medication for back pain via an interthecal pump. The physicians and staff at defendant hospital reloaded her pump with pain medication at a concentration that was nearly fatal. Plaintiff was rushed to the emergency room of a local hospital, admitted in a comma and remained there for three weeks. She was discharged home with residual loss of taste and needed rehab from her injuries.

SETTLEMENT
FOR THE FAILURE TO PROPERLY MANAGE A HIGH RISK PREGNANCY

Settlement for the failure to properly manage a high risk pregnancy at a United States Air Force hospital resulting in the premature birth of a 24 week gestation resulting in a child who suffers from Cerebral Palsy and Blindness from Retinopathy of Prematurity. Mother went into premature labor at hospital A on a Friday. Was kept in that institution until Monday when she was air evacuated to hospital B. At Hospital B she was placed on complete bed rest for the first 48 hours and then encouraged to ambulate. After beginning ambulation she went back into premature labor and delivered her daughter at 24 weeks. Standard of care required complete bed rest with trendelenberg position. Hospital and doctors departed from standard of care.

SETTLEMENT
DELAY IN DIAGNOSIS OF PROSTATE CANCER WRONGFUL DEATH

Decedent saw his internist with complaints of having difficulty related to urinary problems. An enlarged prostate was felt and a radiological guided biopsy was performed by a radiologist and the tissue samples were sent to the pathology lab at a local hospital. The results of the biopsy revealed prostate cancer. The internist claimed that information was never communicated to him. The hospital pathology department position was that in its normal course and routine it would communicate results to the requesting doctor. The radiologist indicated that he never received a copy of the report. The patient returned to the internist one year later and claimed to have then found out the results of the previous biopsy. The matter settled prior to trial.

 

 

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