Case Results
$5.5 MILLION SETTLEMENT
Surgical Error / Negligent Hospital Discharge
56-year-old man underwent a hip replacement surgery. Following the procedure, the surgeon informed the wife that he had a difficult time positioning her husband on the table and may have bruised her husband’s belly and it would be sore for a few days. Despite on-going severe abdominal injury the patient was discharged home. Three days later he was rushed to the hospital in septic shock resulting in months long hospitalization, kidney failure, multiple surgeries and placement of a colostomy bag. Settled for $5.5 million.
$3.9 MILLION SETTLEMENT
Birth Injury / OB-GYN Malpractice
An OB-GYN delayed performing a necessary C-section despite fetal monitoring strips showing sustained fetal distress over several hours. Upon emergency delivery, the hospital failed to have a qualified pediatrician present to resuscitate the newborn, resulting in severe birth trauma and cerebral palsy. Settled for $3.9 million.
$3.8 MILLION SETTLEMENT
Surgical Error / ENT Malpractice
34 year old woman went in for sinus surgery. During the procedure, the the surgeon lost his bearings in the sinus and instead of removing the tissue in the sinus, he broke through the eye orbit and removed part of her eye and severed the muscles that hold the eye in the center of the eye socket. The patient lost 90% of vision in the eye. Settled for $3.8 million.
$3.2 MILLION SETTLEMENT
Post-Operative Nursing Negligence / Wrongful Death
A 71-year old man underwent a cervical spine fusion (neck). The nurses failed to respond to hours of declining respiratory status and increasing difficulty breathing. The patient’s wife repeatedly asked the nurses to re-evaluate but her requests were ignored. The patient went into respiratory failure and later died. Settled for $3.2 million.
$2.9 MILLION SETTLEMENT
Orthopedic Surgical Error
29 year old woman underwent shoulder surgery for a rotator cuff repair. During the procedure the orthopedic surgeon improperly implanted an anchor which was driven through the humeral head bone and it ended up in the armpit causing nerve and tissue damage. Settled $2.9 million
$2.5 MILLION RECOVERY (TORT CAP LIMIT)
Emergency Room Malpractice / Failure to Transfer
37-year-old man involved in single car accident. He went to the emergency room where a CT and Xray revealed a displaced acetabular fracture (hip fracture) that would clearly need surgery to repair that was not available in the small-town hospital where he was seen in the ER. Even though the on-call orthopedic surgeon and the ER doctor knew this was a severely fractured hip that would require surgical repair, instead of immediately fracture was obvious and known, he was sent home. The patient died of pulmonary embolism awaiting surgery. The case was subject to a tort claim cap that limited the family’s recovery to $2.5 million.
$2.4 MILLION RECOVERY (TORT CAP LIMIT)
Hospital Negligence / Pressure Ulcers & Bedsores
44-year-old man admitted to the hospital for Covid. The patient was intubated and placed in a medically induced coma for 4 weeks. The hospital policy and doctors’ orders were for the nurses to reposition his body to avoid pressure ulcers/bed sores from forming. Instead, the nurses left him lying in one position for greater than 6 to 8 hours at a time in excess of 10 times. As a result, he developed a stage 4 pressure ulcer (the most severe of pressure ulcers that go all the way to the bone and cause death of the surrounding tissue). The patient suffered permanent nerve injury resulting in incontinence and sexual dysfunction, as well as a non-healing wound and bone infection that required removal of the tailbone. The case was subject to a tort claim cap limit of $2.4 million.
$2.4 MILLION SETTLEMENT (POST-TRIAL APPEAL)
Hospital Sepsis Mismanagement / Wrongful Death
46-year-old man underwent a knee replacement. 5 days after being discharged from the hospital, he developed signs and symptoms of infection. He was transported back to the hospital. Proper sepsis protocol was not followed and the patient died 26-hours after admission. The case was subject to a state cap of $250,000 for emotional pain and suffering. The family could only recover lost earnings and the capped amount of emotional pain and suffering. $2.4 million settled on appeal following trial.
$2.2 MILLION SETTLEMENT
Gynecological Surgical Error / ER Failure to Diagnose
52-year-old woman underwent hysterectomy. During the procedure the GYN surgeon damaged the ureter (tube leading from the kidney to the bladder) and lacerated the vagina trying to remove the hysterectomy requiring sutures. Patient was discharged without further studies or follow up plan. The patient reported ongoing and worsening symptoms indicating failing kidneys, her reports were ignored. She went to the emergency room four times. Despite abnormal findings of fluid in her abdomen and worsening labs, each time the ER doctor consulted the surgeon and urologist and they declined to investigate. On the fourth ER visit, the ER doctor finally had the patient admitted. The delay in diagnosis resulted in permanent kidney damage. Settled for $2.2 million.
$2.0 MILLION POLICY LIMIT SETTLEMENT
Primary Care Malpractice / Altered EMR Audit Records
41-year-old man went to his primary care doctor for a routine physical. Lab work revealed elevated kidney numbers. The PCP failed to order an urgent consult with a kidney specialist causing a month and a half delay. During the litigation it was discovered the doctor had falsified the record. The patient suffered kidney failure requiring dialysis and kidney transplant. Settled for policy limits of $2 million.