Medical Malpractice

Medical Malpractice: $460,000.00

03.27.13

Plaintiff, a 26 year old female, required a medically necessary D&C. During the procedure, Plaintiff’s uterus was perforated and a portion of her intestines were suctioned. An emergency abdominal surgery was required. Subsequently, the plaintiff complained of short bowel syndrome. Plaintiff claimed that the Defendants fell below the standard of care in selecting the procedure used, and fell below the standard of care in performing the procedure. Defendants argued that the appropriate procedure was used and there were no breaches of the standard of care as complication were a known hazard and an acceptable risk which plaintiff consented to.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Medical Malpractice: $650,000.00

03.27.13

Plaintiff, age 45 and unemployed, was admitted to Defendant hospital with breathing difficulties. Plaintiff refused medication because she claimed to have quit using IV amphetamines two weeks prior to her hospital admission and did not want needles used to administer medication. On two occasions, Plaintiff complained of pain in her lower left leg, and examinations revealed positive pedal pulses and appropriate vascularization. Plaintiff was in inpatient for five days prior to discharge, however defendant alleged that plaintiff eloped prior to formal discharge. Three days later, Plaintiff returned to the hospital complaining of severe pain in her left lower leg. A Doppler examination revealed poor vascularization. Plaintiff again refused medication. A course of urokinase was attempted, but unsuccessful, and emergency surgery was performed in an attempt to re-establish vascularization to both legs. Although re-vascularization was established, the right leg became ischemic, and after several hours it became apparent that both legs were ischemic. The surgery was not successful, and Plaintiff’s left leg was amputated at the knee. Plaintiff alleged that it was noted at the conclusion of the surgery that the right leg had become ischemic, and efforts to re-vascularize the right lower leg were not successful and it was also amputated. Plaintiff contended that the doctors who first examined her failed to properly diagnose the developing ischemia in Plaintiff’s left leg, and that the timely diagnosis would have prevented the need for surgical intervention. Plaintiff also contended that the retention strap to Plaintiff’s right leg was too tightly applied during the lengthy second surgery on the left leg, which led to the ischemia and eventual amputation of the right leg. Defendants contended there was no failure to diagnose a vascular condition during Plaintiff’s first admission, and the Plaintiff was a non-compliant patient who refused medication and refused to cooperated with physicians during her first admission; that during her two days away from the hospital, Plaintiff used IV drugs and was under the influence when she presented to the hospital the second time, when she again was non-compliant and refused medication. Defendant contended that Plaintiff’s ischemia was due to other factors, and that Plaintiff’s initial refusal of medication and delay of administration of the medication contributed to a worsening of the vascular compromise in her legs, that both legs were amputated below the knee following surgery, and later amputated above the knee.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Medical Malpractice: $1,300,000.00* (Includes an Annuity For a Period of Thirty Years With a Potential Lifetime Yield of $8,563,619.46 For Normal Life Expectancy)

03.27.13

Plaintiff, a seven month old, was brought to the emergency room with breathing difficulty. Baby P experienced bronchospasm secondary to a foreign object in the esophagus. Chest x-rays showed a coin in the upper third of the esophagus. Baby P was scheduled for an upper endoscopy and esophagogastroscopy coin extraction. Baby P was sedated. A video endoscope was advanced into the upper esophagus under direct visualization. Two pediatric gastreoenterologists performed the procedure. The coin was identified, but because of difficulty in grasping it, it was pushed into the distal esophagus. The patient was monitored with a pulse oximeter. According to the operative report, the esophagus was noted to be pulsating during the later stages of the coin removal. Upon turning the child over to remove the bite block, it was noted that the child was not breathing and had turned cyanotic. The baby was bagged, and ventilation was established within one minute. Postoperative diagnosis was hypoxic encephalopathy and a cardiopulmonary arrest. While in the ICU, the baby had an episode of seizure like activity, and was diagnosed with metabolic acidosis subsequent to anoxia. Baby P was discharged with a diagnosis of hypoxic encephalopathy, indicating that the baby had made slow progress. Plaintiffs contended that defendants fell below the standard of care in performing the endoscopy, the child should have been on a pulse oximeter, and anesthesia was not properly administered. Defendant argued that their actions were within the standard of care and the cost of future care and loss of earning capacity were exaggerated. Plaintiff suffered developmental delays but is able to walk and talk.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Medical Malpractice- Defective Product: $2,570,000.00

03.27.13

Baby A was born prematurely, and was receiving parenteral nutrition through an IV system which used a syringe infusion pump to slowly infuse the nutritive solution into the patient at a regulated rate. The components of the pump were incorrectly positions so that the solution directly flowed to the patient, and the pumps alarm which should have alerted the nursing staff of the occluded flow failed to sound. Baby A received an overdose of the solution, causing her blood sugar levels to rise to a hyperglycemic state resulting in seizures. Anti-seizure medication was ordered, but the dosage was miscalculated and the baby received an overdose of anti-seizure medication. The baby went into cardiac arrest, resuscitation efforts were undertaken and the baby was placed on a pacemaker. The baby suffered hypoxic-ischemic encephalopathy with cortical blindness and probable deafness, seizure disorder and apenic spells, spastic quadriparesis and permanent full neurologic deficit, sensory deprivation and profound developmental retardation.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Medical Malpractice: $834,000.00 (Jury Verdict)

03.27.13

Plaintiff, 55 year old husband & father of two adult children, was diagnosed with end-stage renal disease. After two unsuccessful renal transplant, plaintiff contracted an infection and died.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Medical Malpractice: $3,675,640.00

03.27.13

Plaintiff, a 64 year old retiree, had a mitral valve replacement surgery performed by defendant doctor, a cardiothoracic surgeon. During the surgery and after the mitral valve had been replaced, the doctor sewed four wires known as temporary pacing wires, extending from the heart and through the skin at the bottom of the chest. The purpose of the wires was to enable doctors to pace the heart with an external pacemaker, if necessary, during the hospitalization. At some point during the hospitalization, the doctor removed two of the four pacing wires, while the other remained in place due to the doctor’s inability to remove them. The doctor was worried about pulling too hard on the wires in an effort to remove them because this could result in a tear in the heart. The doctor clipped the remaining two wires shorter than their original state, and thus, they could not be used for pacing. The plaintiff was discharged from the hospital with the two wires still in place, exiting the skin, and was instructed to return to the doctors office in a week to have the wires removed. A week later the plaintiff was brought to the E.R., where doctors diagnosed her as suffering from acute sepsis. Cultures from the pacer wire exit site were positive for staph aureus. Eventually, the blood borne bacterial infection subsequently lodged itself on the prosthetic mitral valve. The infection accumulated in a combination of blood and pus (vegetation), of which a piece broke off and resulted in a stroke to the plaintiff. Plaintiff contended that it was below the standard of care to discharge her from the hospital with the wires in place, and the infection was caused by the wires being left in place. Plaintiff’s expert testified that the wire exit site provided a portal of entry for the bacteria, which then followed the pacing wire path into the mediastinum at which time a blood borne infection developed. Defendant contended that it was permissible to allow the plaintiff to go home with the temporary wires still exiting her chest; the infection did not come from the wires, but rather an intra-operative wound infection that occurs in about 2% of open heart surgeries even absent negligence; and there is a lack of medical literature, case studies, or experience by any testifying experts seeing an infection caused by the temporary external pacing wires.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Medical Malpractice: $1,000,000.00* (Includes an Annuity With Expected Lifetime Payout $6,602,340.00)

03.27.13

Plaintiff, Baby B., nearly one year old, was admitted to Defendant Doe hospital for surgical treatment of an esophageal stricture by Defendant Doe Gastroenterologist. Although it was not detected at the time, during the surgery, Doe Gastroenterologist tore Baby B.’s esophagues. After the surgery, while Baby B. was in the Day Surgery Recovery Area, and despite the involvement of other Doe Defendant Physicians, Baby B. began to exhibit detrimental effects the tear was having on his body, including decreased oxygenation and the development of pnemothorax. Eventually, Baby B. suffered a cardiac arrest. By the time the situation was stabilized, Baby B. had been deprived of so much oxygen that he was left permanently and severely brain damaged.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Medical Malpractice: $1,500,000.00* (With Expected Lifetime Payout of $5,256,000.00)

03.27.13

Plaintiff, Baby Z. was born to Plaintiff Mother Z., with profound brain and other neurological injuries. An ultrasound was not ordered until late in the pregnancy, which Doctor Doe contended was because Mother Z. did not know when her last menstrual period was. The ultrasound report indicated that the baby was 34 weeks. Plaintiffs contended that a late stage ultrasound should never be used for dating, and if there is uncertainty as to the dating and the issue is crucial, then there are more precise ways of determining the estimated date of conception. Plaintiffs also contended that Doctor Doe breached the standard of care in that a baby is considered term at 37 weeks, and when the baby is at term and there is placenta previa, the baby should not be allowed to proceed through vaginal delivery because of the risk of placenta abrupto (which results in a lack of oxygen to the baby and the baby may suffer brain damage or death.) That is what occurred in this case. Defendant OBG testified that he informed Plaintiff Mother Z. to go to the hospital for an induction after she presented at his office with bleeding. However, neither his office chart or the hospital records reflect any referral by him to the hospital or any discussion with Plaintiff regarding placentia previa. Defendant Pediatrician saw plaintiff, but contended that she was never acting as an obstetrician and should not be held to that standard of care.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Medical Negligence: $200,000.00

03.27.13

Plaintiff Mother was pregnant with Plaintiff Baby, and were patients of Defendant Doctor, Defendant OBGYN Medical Group, and Defendant Medical Center. Plaintiff Mother gave birth to Plaintiff Baby, after labor was induced with Cytotec. Plaintiff Baby sustained anoxic brain damage, which resulted in his death, during the litigation. Plaintiffs alleged that Defendants were negligent and caused their injuries. Defendant’s denied the allegations.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Medical Malpractice- Psychiatric: $500,000.00

03.27.13

Plaintiff was admitted to Defendant Doe Hospital on a 5150 psychiatric hold after having attempted to commit suicide approximately a week before. The day after his admission, Plaintiff was discharged to Doe Rehabilitation Facility. Plaintiff alleged Defendants were negligent in their care and treatment of Plaintiff ‘s depression and alcohol/drug dependency, and this negligence caused him to attempt suicide by jumping off the parking structure at Defendant Doe Hospital. As a result, Plaintiff sustained orthopedic, cardiac, pulmonary, urological, and gastrointestinal injuries, as well as a below-the-knee amputation. Defendants contend their care and treatment was not negligent and was not the legal cause of plaintiff’s attempted suicide.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.