Verdicts & Settlements
$9.5 million for botched anesthesia that caused brain damage, loss of arm
Woman, 41, underwent surgery for a torn rotator cuff. Anesthesiologist was to administer a regional block prior to the general. The block was negligently placed in plaintiff's spinal cord and then plaintiff suffered serious permanent injury including brain damage, paralysis and amputation of right arm.
$12.1 million for infant brain damage by hospital and physician
First-time mother admitted to hospital with preeclampsia. Fetal monitor strips demonstrated ongoing problem of oxygen deprivation to fetus over the course of 12 hours. Nursing staff failed to notify mother’s obstetrician of the oxygenation problem and further did not turn off Pitocin. Both were required by hospital policy. Obstetrician finally notified when fetal monitor strip demonstrated significant drop in fetal heart rate for approximately 8 minutes. Over the next 2 hours the fetal heart rate dropped 5 more times with the final deceleration lasting 26 minutes. Obstetrician did not call for a C-Section until after the 26 minutes had transpired. The baby was born severely brain damaged and diagnosed with Cerebral Palsy requiring 24 hour per day care. Hospital and obstetrician denied all wrongdoing. Verdict against the hospital and obstetrician for $12.1 million.
$7.5 million for loss of kidneys due to medical malpractice
Woman, 23, referred for diagnosis and treatment of recurrent kidney stones. Physician did not investigate cause of stones to determine what treatment was necessary. Instead, medication was prescribed that enhanced the stone development and no follow up was ordered. Plaintiff lost the use of both kidneys and now is on dialysis waiting for a transplant. Verdict for plaintiff in the amount of $7.5 million.
$7.5 million for quadriplegia due to medical malpractice
Man, 40, went to the emergency room complaining of stomach pain. An abdominal film suggested a possible bowel obstruction, but several exploratory surgeries revealed no abnormalities. Subsequently, the man’s health deteriorated and he was placed on a ventilator. Paralytic medications were administered for two weeks, which was beyond the drug manufacturers recommendation. Plaintiff was left a permanent quadriplegic. The physician and hospital denied all liability. Settlement for $7.5 million.
$6 million for nursing home negligence
Woman, 92, convalescing from a severe stroke, suffered a cervical fracture, fracture of the her right femur, amputation of the right leg, multiple ulcerations of her chin, and aspiration leading to her death at a nursing home. The facility denied all wrongdoing and offered to settle for the medical bills in the amount of approximately $80,000. Verdict against the nursing home for $4.8 million. Facility appealed and lost. With post-judgment interest, the total amount paid was $6 million.
$3.5 million for blindness due to medical malpractice
Woman, 50, underwent surgery on both eyes for a condition called diabetic retinopathy. Ophthalmologist negligently performed a procedure called a vitrectomy leaving plaintiff blind in both eyes. Settlement for $3.5 million.
$2 million for brain damage from failure to diagnose injuries
Woman, 43, struck while on a sidewalk by a vehicle exiting a parking lot. Plaintiff struck her head on the pavement and was taken to a hospital where she was treated for minor injuries and released. Within days, plaintiff begin to exhibit behavior concerning for brain damage. Settlement for $2 million.
$1.3 million for failure to diagnose blood clots, leading to death
Healthy woman, 79, fell at home and broke her arm. Surgical repair was recommended. At the time of admission to the hospital, plaintiff was short of breath and complained of chest pain. Additionally her blood pressure was elevated, her oxygen saturation rate decreased and she had an abnormal chest x-ray which demonstrated an infiltrate in her lungs. Despite these abnormalities indicative of pulmonary emboli or blood clots in her lungs, the nurse anesthetist went ahead with general anesthesia. Plaintiff suffered a respiratory arrest on the operating table and subsequently passed away. An autopsy revealed multiple blood clots in plaintiff’s lungs and aortic bifurcation which caused her death. Hospital and nurse anesthetist denied all wrongdoing. Verdict against both for $1.3 million.
$1.2 million for crippling from surgical malpractice
Retired woman underwent lumbar spine surgery to rectify problems with radiating pain and some numbness. During surgery, the surgeon tore Plaintiff’s dura in two places, placed a pedicle screw into the spinal canal, and placed inter-body fusion cages on the same side of the disc space instead of on each side as intended. In doing so, the nerves were damaged from over-retraction and plaintiff’s L5 nerve was transected. Plaintiff went from traveling and running half marathons to using a brace and walker with constant pain, numbness and weakness in her legs. Settlement for $1.2 million.
$1.5 million for crippling due to surgical malpractice
Woman, 37, underwent surgery for back pain. Neurosurgeon negligently performed a minimally invasive laminotomy with decompression, microdissection and nerve root decompression. Plaintiff was left with left leg weakness, saddle anesthesia or no feeling in her vaginal area and some loss of bladder function. Settlement for $1.5 million.
$820,000 for loss of foot due to medical malpractice
Woman, 59, twice visited physician, complaining of flu-like symptoms. On both visits, physician diagnoses plaintiff with terminal lung cancer and tells her nothing can be done. Plaintiff continues to deteriorate respiratorily and goes to a hospital emergency room where she is diagnosed with a severe case of pneumonia, not lung cancer. Unfortunately, due to lack of treatment, the pneumonia had advanced so far that the woman was placed in an induced coma and hospitalized for approximately 54 days, during which she suffered impaired circulation in her lower extremity resulting in a transmetatarsal amputation of her foot. Physician denied all wrongdoing. Verdict against physician for $820,000.
$1.8 million for lost use of leg due to medical malpractice
Woman hyperextended and dislocated her knee. During transport to hospital the ambulance notified hospital that no pulses were felt in leg. Despite this notification, hospital nursing staff failed to notify emergency room physician that plaintiff had a pulseless leg. Delay resulted in amputation of leg. Recovery for $1.8 million.
$1 million for death due to surgical malpractice
Child underwent cardiac surgery to repair a minor heart defect. At discharge, the surgeon was given an x-ray for another child by mistake, which was interpreted as normal. Upon return home, the child experienced respiratory distress related to ongoing problems from the surgery and passed away. Settlement for $1 million.
$12 million for severe birth damage by disqualified physician
First-time mother opted to deliver her baby vaginally. Family Practice physician evaluated labor at a community hospital and noted a prolapsed umbilical cord during a vaginal examination. Instead of calling for a C-Section, the physician proceeded to force the delivery. The baby was born severely brain damaged with a diagnosis of Cerebral Palsy requiring 24 hour per day care. During discovery, contrary to the physician’s and hospital’s representation, documents established that the doctor had lost his privileges to deliver babies two week prior to plaintiff's delivery. Settlement against all parties for $12 million.
$11 million for extreme birth damage
First-time mother opted to deliver vaginally. During the course of labor, the fetal monitor strips demonstrated multiple abnormalities including excessive uterine strength during and after contractions, variable decelerations consistent with umbilical cord compression and multiple fetal heart rate decelerations. Despite these abnormalities, nursing staff and obstetrician failed to address the problems. An emergency C-section was required and resulted in a severely brain damaged baby with a diagnosis of Cerebral Palsy requiring 24 hour per day care. Settlement for $11 million.
$5 million for severe birth damage
First-time mother opted to deliver her baby vaginally with a nurse midwife employed by a large obstetrics group. Following artificial rupture of membranes, the fetal monitor strip demonstrated ongoing signs of fetal distress including late decelerations, decreased variability and fetal tachycardia. The midwife failed to recognize the abnormal strip and did nothing to determine the cause. Baby was born severely brain damaged with a diagnosis of Cerebral Palsy and requires 24 hour per day care. Settlement for $5 million.
$1 million for infant brain damage
Following labor induction with misoprostal, mother’s membranes ruptured spontaneously. As labor progressed, both the maternal and fetal heart rates steadily increased with corresponding additional fetal heart rate abnormalities. No effort was made to address the abnormalities or to determine their cause. Baby was born with seizures and mild to moderate brain damage with a diagnosis of Cerebral Palsy. Settlement for $1 million.
$850,000 for birth damage
Mother who had delivered previously by C-Section opted to deliver vaginally for the second child. Mother’s labor arrested in the hospital with the cervix not dilating and the baby failing to descend. Obstetrician who was at home ordered Pitocin, a drug that strengthens uterine contractions, be given to the mother without first coming to the hospital to evaluate why mother’s labor had arrested. The uterus ruptured at the incision site of the prior C-Section dumping the fetus into mother’s abdomen. Because the operating room team was not ready, baby was not delivered by C-Section for approximately 30 minutes. Baby was born severely brain damaged. Per the recommendation of the doctors, the baby was placed on comfort measures and passed away 10 hours later. Obstetrician denied all wrongdoing. Verdict against obstetrician for $850,000.
$4 million for infant brain damage
A 39 year old woman pregnant with twins showed clear signs of a monochrionic diamniotic pregnancy, a condition in which both fetuses share a single placenta rather than the normal two. Despite ongoing evidence of this, including ultrasounds that revealed imbalance of amniotic fluid between the twins (polyhydramnios [too much fluid] in one sac and oligohydramnios [too little fluid] in the other) physicians continued to treat the mother as a normal pregnancy, resulting in Twin-To-Twin Transfusion Syndrome (TTTS). The resulting fluid imbalance caused severe brain damage to one infant, which proper early diagnosis and treatment could have prevented.
$16 million for brain damage due to defective football helmet
High school football player, 17, suffered permanent brain damage from defectively designed helmet. Blow to the right side of the head during a preseason scrimmage caused subdural bleeding and subsequent intracranial pressure, damaging the brain stem. Plaintiff maintained the internal padding was defective and did not cushion the blow as it was supposed to. Evidence at trial proved the helmet manufacturer knew the padding had failed internal testing. The helmet manufacturer denied all wrongdoing. Verdict against helmet manufacturer for $14 million. Post-judgment interest increased the verdict to $16 million.
$6 million for brain damage due to defective football helmet
High school football player suffered permanent brain damage resulting from a defective football helmet. Internal padding designed specifically to absorb impact failed to perform according to industry standards, allowing the player’s head to contact the hard shell. Manufacturer denied all wrongdoing. Settlement for $6 million.
$1.8 million for paralysis due to defective football helmet
Football player, 16, paralyzed by fractured vertebrae due to impact to crown of helmet. Manufacturer’s internal documents established the helmet was designed to absorb this type of blow. The manufacturer denied all wrongdoing. Settlement for $1.8 million.
$1 million for brain injury due to football helmet failure
High school football player suffered minor brain damage from failure of football helmet to absorb impact as intended during a helmet-to-helmet hit. Subsequently, the plaintiff went from a B average student to a remedial student in a special class. Settlement for $1 million.
$3.5 million for burns, loss of leg due to defective smoke detector
Infant was severely burned in a crib fire started by a sibling playing with a lighter. The smoke detector in the room did not sound a result of a manufacturing defect. Child lost her right leg to amputation and sustained significant burns on her back. Defendant manufacturer denied all liability. Settlement for $3.5 million.
$2 million for trucking company negligence
While driving to Yellowstone National Park for a summer vacation, a family of four was struck by a loaded semi truck that crossed the centerline. The family’s vehicle was destroyed. The mother, 8 months pregnant, suffered pelvic fractures and lost the baby. The truck driver tested positive for marijuana and subsequent documents obtained directly from the National Transportation Safety Board established that the driver had been previously suspended from driving for methamphetamine use. Further documents showed that the trucking company had put the driver back into service without complying with the Federal regulations governing drug use and treatment. Settlement for $2 million.