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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