Sample Client Cases

Sample Settlement/Verdict*

A young family asked the firm to investigate the birth of their severely brain damaged baby. Specifically, they asked us to determine the cause of the brain damage and whether it should have been avoided.

After obtaining all of the necessary medical records from the obstetrician, hospital and pediatrician (including fetal monitoring strips, labor and delivery records and the baby's records after the birth), they were evaluated, indexed and sent to several Board-Certified professors of obstetrics, pediatrics and neonatology. These experts were requested to provide formal opinions on whether the doctors involved were negligent and caused the baby's brain damage and severe retardation.

Our examination of the records and the expert review revealed that the doctors were negligent during the labor and the delivery at the hospital. During labor, the doctors used a drug called Pitocin to artificially strengthen contractions and make them more forceful. The drug is designed to speed the labor and delivery process but can cause stress and distress to the unborn baby. Therefore, the labor must be monitored very closely for any signs of stress or distress. In this case, the drug caused the baby to begin suffering fetal distress which was evident on the monitor (i.e., loss of beat-to-beat variability, bradycardia, late decelerations, etc). However, the doctors negligently failed to recognize the fetal distress and kept using the drug which caused the baby to lose oxygen to her brain. Since the doctors negligently failed to stop the drug, the baby developed a condition known as hypoxia—the ongoing loss of oxygen to the brain causing death of her brain cells. In the presence of the fetal distress, the doctors were required to perform an emergency cesarean section which would have resulted in the birth of the baby before permanent brain damage. Unfortunately, because they negligently delayed any cesarean section, the baby suffered massive and permanent brain damage due to a prolonged loss of oxygen to her brain.

After the firm filed suit and prepared the case for trial, a settlement was obtained on behalf of the client.

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Other Settlements/Verdicts*

*Frequently settlements involve confidentiality clauses which prevent the firm from divulging the specific amount(s) of such settlements.

Hospital Negligence/Spinal Cord Injury

An excellent settlement was reached on behalf of a 30-year-old store clerk who was not properly medicated, monitored and treated for seizure disorders. The patient was left unattended on a gurney with no rails or restraints in a hospital. He suffered a seizure and fell from the gurney to the floor, injuring his neck and spinal cord, resulting in permanent quadriplegia.

Cerebral Palsy/Birth Injury/Trauma

The firm obtained a sizeable settlement on behalf of a child who suffered severe and irreversible brain injury and cerebral palsy due to a failure to recognize fetal distress and perform a cesarean section delivery in a timely fashion. The infant will require ongoing home health care and a feeding tube for the rest of his life.

Traumatic Brain Injury/Birth Injury

Lawyers from the firm obtained a significant settlement on behalf of a brain injured infant. The health care providers failed to recognize and diagnose a twin pregnancy throughout the entire prenatal course and childbirth, resulting in a delay of several hours in delivering the infant in distress. The delay in recognizing and delivering the twin caused extensive brain damage to the twin, while the other twin brother was born healthy with a normal IQ and development.

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Product Liability/Spinal Cord Injury

A settlement was reached on behalf of a 38-year-old mortgage banker who was permanently paralyzed and confined to a wheelchair as a result of falling to the ground when a defectively designed rope swing broke, paralyzing him for life from the waist down.

Nursing Home Negligence

A substantial settlement was obtained for a mentally ill patient needing constant supervision and restraints. The Plaintiff was allowed to wander throughout the nursing home despite the need for constant supervision and restraint, and he suffered numerous injuries and massive head trauma after jumping from a 5th story open window at the nursing home.

Erb’s Palsy

A jury verdict was won on behalf of a child who sustained an Erb’s Palsy and brachial plexus nerve injury to her right arm following mismanagement of a shoulder dystocia during birth. The Defendants failed to perform a cesarean section delivery during the labor, and failed to appropriately manage the shoulder dystocia during the delivery, causing the child to have severely impaired use of her right arm for life.

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Surgical Negligence

The firm accomplished a significant settlement on behalf of a 40-year-old married man in excellent health who underwent surgery to donate a kidney to his brother. In removing the man’s kidney, surgeons negligently perforated multiple organs in his abdominal area and failed to recognize those injuries. The patient required multiple follow-up surgeries and was left with permanently impaired digestive function and severe physical disability.

Surgical Malpractice

The firm obtained a considerable settlement on behalf of a 44-year-old pastor for injuries sustained during laparoscopic surgery. During the procedure, surgeons negligently lacerated the Plaintiff’s duodenum and vena cava. The patient was further mismanaged by physicians after the surgery, resulting in kidney failure, a stroke, the necessity of a gastrostomy tube for feeding, and permanent disability for life. The pastor was unable to return to his ministry.

Post-Surgical Negligence

The firm reached an excellent settlement for the family of a deceased 30-year-old husband and father of one child who died from medical negligence following transplant surgery. The patient’s health care providers failed to institute timely resuscitation efforts for several minutes when the patient stopped breathing, and later negligently inserted a catheter into the patient’s heart, piercing his right ventricle and ultimately causing his death.

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Misdiagnosed Cases *

Colon Cancer

Lawyers from the firm obtained an outstanding settlement on behalf of a woman whose colon cancer was not timely diagnosed and treated. The patient’s colon cancer was allowed to spread and metastasize for three and one-half years, until it was finally diagnosed by another physician. By then, it was too late and the patient was left with a terminal prognosis, and ultimately died as a result.

Renal Cell Cancer

The firm accomplished a superior settlement in the amount for the family of a 60-year-old married woman with two children who had renal cell cancer in the kidney that went undiagnosed. The patient had numerous findings suggestive of a mass in the kidney but received no proper testing or treatment for nearly two years. By the time the cancer was detected, it had spread to her lungs and bones, ultimately killing her.

Heart Attack

The firm reached a sizeable settlement on behalf of a 35-year-old woman who presented to her physician with extensive cardiac symptoms. She had severe substernal chest pains, burning in the chest, shortness of breath and pain radiating into her arms. She also had several other cardiac risk factors. Despite these findings, the patient was told in the emergency room that she had gastritis and was sent home on antacids. She suffered a massive heart attack the next day, so severe that she needed a heart transplant and is now disabled for life.

Meningitis

The firm achieved an excellent settlement on behalf of a young boy who was taken to the hospital with worrisome findings indicative of meningitis. The health care providers failed to timely test or treat the boy for meningitis. By the time the problem was treated, his meningitis had spread, requiring amputation of both legs at the knees, and both arms at the elbows.

Aneurysm

The firm obtained a considerable settlement for the family of a man suffering from an aneurysm in his heart. Although he presented with chest pain, back pain, and other worrisome findings, the patient was not properly tested and/or treated. His aneurysm was allowed to progress and ultimately killed him.

Appendicitis

A substantial settlement was obtained by the firm for the family of a man who went to an emergency room complaining of severe abdominal pain in his upper quadrant, in the area of his appendix. The patient had no prior abdominal problems. The area by his appendix was painful to touch and he had a high fever. Nonetheless, he was not given any radiographic testing or surgical intervention. He was sent home with a ruptured appendix and, shortly thereafter, died from sepsis.

Lung Cancer

The firm reached a outstanding a settlement for the family of a retired, married man whose lung cancer went undiagnosed and untreated for nearly two years. By the time his lung cancer was detected, the cancer had spread throughout his body and ultimately claimed his life.

Bladder Cancer

A superior settlement was obtained for the family of a 42-year-old woman. The patient’s complaints were highly suspicious for bladder cancer but the cancer was not diagnosed for nearly two years, allowing the cancer to metastasize and ultimately cause her death.

Cervical Cancer

Lawyers from the firm obtained a substantial settlement for the family of a 37-year-old married woman with cancer of the cervix that spread and ultimately took her life. Her PAP smears were misread for nearly three years until finally she was referred for treatment. By then, the cancer had spread throughout her body and soon afterward, claimed her life.

Pulmonary Embolism

The firm reached a sizeable settlement on behalf of the family of a young woman with three minor children. The woman presented with classic signs and symptoms of a pulmonary embolism (blood clots to the lungs) but was never properly diagnosed and treated for the problem. After five days in the hospital, she died from a pulmonary embolus that was not properly diagnosed or treated.

Heart Attack

Lawyers from the firm obtained a significant settlement for the family of a 48-year-old woman who presented to her physician with classic signs and symptoms of an impending heart attack. The patient was not properly tested or treated for any cardiac problem, but rather was sent home and told to take antacids. Later that day, she was found dead at home from the fatal effects of the heart attack.

Aneurysm

Lawyers from the firm obtained a jury verdict on behalf of the family of a deceased 45-year-old woman. The woman came to the emergency room with worrisome findings suggestive of a cerebral aneurysm, but her physician diagnosed her as having a sinus headache and sent her home without performing any scans or tests. She died the next day from the fatal effects of the cerebral aneurysm that was never treated.

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