GARCIA V. ABC HOSPITAL AND JANE DOE, M.D.

Plaintiff suffered an injury to his calf while playing soccer. He presented to his family physician and was eventually referred to emergency room of local hospital. Physician’s request for diagnostic tests was inaccurately communicated to attending radiologist, resulting in a failure to have proper tests performed to rule out compartment syndrome. Plaintiff went on to develop compartment syndrome, and leg was amputated. Defense contended that Plaintiff did not develop compartment syndrome, but rather bacterial necrotizing fasciitis, which would have resulted in amputation of leg in any event to save the Plaintiff’s life.

MILUM V. ODRC

Inmate in Pickaway County Correctional Institute who suffered a forequarter amputation (the shoulder, arm, shoulder blade and part of the chest wall disarticulated from body) due to a delay in the diagnosis and treatment of an infected hair follicle. There was a delay in the recognition of the severity and nature of the infection which developed into necrotizing fasciitis and resulted in the radical surgery.

COOK V. UNITED STATES

29 year old woman suffered an above the knee amputation due to the Defendant’s failure to timely recognize the signs and symptoms of a blood clot in the leg. The failure to recognized the signs of the clot resulted in a delay in diagnosis and treatment and an inability to salvage the leg.

SHARDELL V. GRANT/RIVERSIDE METH. HOSPITALS, ET AL.

A still birth of a healthy term baby due to a failure by the Ob/Gyn to timely respond to fetal distress and timely deliver the baby.

SOUTHARD V. WHETSTONE CARE FACILITY

Wrongful death and survivorship jury verdict to Diana Southard and two adult daughters, as a result of the death of her 62 year-old husband, who was disabled since 1984 by an aneurysm that left him with severe cognitive deficits, including loss of short term memory and an impaired thirst mechanism.  Diana placed her husband in an assisted care facility for two weeks respite care, with explicit instructions concerning his need for monitoring of adequate fluid intake to prevent hypernatremia and dehydration.  Her instructions were disregarded and her husband was hospitalized but died shortly after discharge from the facility due to severe dehydration and renal failure.

SMILLIE V. SCHWARTZ, M.D.

Jury verdict in Toledo, Ohio, on behalf of adult children of Sherrie Smillie, who died as a result of a failure by her primary care physician  to diagnose and obtain treatment for chronic pulmonary embolism of approximately four months duration, and misdiagnosis of her condition as asthma and anemia.

BABAMOVA V. JOHN DOE DEFENDANT

Settlement on behalf of Victor Babamov, surviving adult brother, arising out of the death of his 66 year-old sister due to an alleged delay in  radiologic identification and treatment of a retroperitoneal sarcoma, which are extremely rare tumors with poor prognosis, typically asymptomatic and not diagnosed until unresectable.

DICK v. HARDIN MEMORIAL HOSPITAL

$6 million jury verdict against emergency room physicians for failure to timely diagnose bilateral blood clots in patient’s legs. Patient presented to emergency room 3 times one morning with signs and symptoms consistent with vascular occlusion before diagnosis was recognized and transfer for emergency surgery to restore blood supply was arranged. By the time patient arrived at second hospital, window of opportunity to save patient’s legs had been lost. Emergency room physician-defendants contended diagnosis was not apparent and that her legs could not have been salvaged regardless of when the diagnosis was made.

LYONS v. CLARKSTON

$5 million dollar verdict obtained on September 3, 1999 on behalf of the family of Joyce Lyons. Mrs. Lyons was returning home from a professional conference when the car in which she was a passenger was involved in a high-speed collision. She sustained a seat belt injury from her lap belt and was transported to Mary Rutan Hospital (a local community hospital) where she was examined by an emergency physician and Dr. Mohammed Salem, a surgeon. She was admitted for observation, but was not seen by Dr. Salem, or any other physician, until the next morning. When Dr. Salem examined her the following morning, he determined she was a surgical emergency. Mrs. Lyons was transferred to OSU Medical Center for emergency surgery to resect 4 feet of necrotic bowel, secondary to torn and devascularized mesentery. Post operatively, Mrs. Lyons developed respiratory failure, sepsis and ARDS, required ventilatory support and re-operation for continued infection, but succumbed 18 days following accident.

Mrs. Lyons was originally from Lesotho, South Africa, and had a son who was 17-years-old at the time of her death. She met and married her husband while he was in the Peace Corps, and they returned to Columbus, Ohio where she was pursuing a PhD in Childhood Development at the time of her death. She was 37-years-old.

BABY DOE v. HOSPITAL

$4.8 million settlement on behalf of a minor child severely injured during birth. Child suffered a profound, acute hypoxic ischemic injury resulting in cerebral palsy and mental retardation. Nurses at the Hospital failed to recognize and appropriately interpret non-reassuring patterns on an electronic fetal monitor and, in turn, did not timely report the overwhelming indications of lack of fetal well-being to the Defendant OB/GYN.

GOLAMB v. XYZ HOSPITAL

Settlement of $4.5 million during second week of trial, on behalf of the family of a man who died from improperly treated pancreatitis. Mr. Golamb was admitted to a regular hospital floor under care of nurses who were not properly trained to manage patient with pancreatitis. Attending surgeon examined patient, left hospital, and failed to return to re-evaluate him the following morning. Lab values indicating patient’s condition was worsening were faxed by nurse to doctor’s office, but were not brought to the attention of attending physician. Despite clear evidence of deterioration in patient’s condition, no intervention was obtained until Mr. Golamb coded and was unable to be successfully revived.

LAVENDER v. GAINES

$3.8 million jury verdict to 9 year old girl who suffered a compartment syndrome following application of a fiberglass cast to treat a supracondylar fracture. Case successfully challenged routine use of circular casts for such injuries because of the unnecessary danger of compromised blood supply.

Riggenbach v. The Ashland Hospital Association

On February 2, 2007 a jury in Mansfield, Ohio awarded Joanne Riggenbach and her husband $3,250,000 in compensation for injuries to Joanne caused by her attending physician's failure to diagnose and treat a spinal epidural abscess during her hospitalization.  A radiologist identified the mass on a chest x-ray, called the attending physician to alert her about it, and noted it in the radiology report, but the attending physician failed to follow up on the finding.  The attending physician denied the radiologist verbally reported the mass to her, and claimed she was under no obligation to review the formal radiology report which noted the mass, once the radiologist reported the results of the study to her verbally.  Because of the delay in diagnosis and treatment, the abscess continued to expand and compress the spinal cord, until Joanne suffered permanent paralysis from her chest down.  The verdict is believed to be the first in excess of $1 million in the history of Richland County.

EITERMAN v. DOE, M.D.

$2 million settlement on behalf of family of obstetrician-gynecologist who died as a result of alleged 7-month delay in diagnosis of colon cancer. Physician-patient was operated on for acute appendicitis with pre-operative CT scan abnormality of large bowel. Continued abdominal pain post-operatively prompted repeat CT scan that did not show resolution of abnormality, as would be expected following successful appendectomy. Radiologists and surgeon failed to appreciate and adequately communicate the potential significance of the CT scan abnormality.

DOE v. DOE, M.D.

Confidential settlement of $860,000 to patient who underwent a knee surgery performed by oral surgeons. Patient suffered permanent and debilitating injuries as a result of the procedure.

COOK v. BETHESDA HOSPITAL

$850,000 partial settlement for minor injured during resuscitation for neonatal distress. Evidence established that attempts to oxygenate were inadequate, that UAC catheter had been misplaced, and that improper medications were administered through the catheter.

CUTSHALL v. CHILDRENS HOSPITAL

$850,000 partial settlement for minor injured during resuscitation for neonatal distress. Evidence established that attempts to oxygenate were inadequate, that UAC catheter had been misplaced, and that improper medications were administered through the catheter.

CORNELL v. DREW

Settled for $800,000. Gary Cornell went to a dermatologist for treatment of a spot on his forehead that seeped fluid and would not heal. The physician took a biopsy and the sample was sent to defendant pathologist to interpret. The defendant misread the slide as containing no cancerous cells. Mr. Cornell was not diagnosed with cancer until almost seven months later.

Experts retained on behalf of Mr. Cornell testified that he had a greater than 50% chance of survival if the cancer had the pathology slides been properly read and the cancer timely treated. Mr. Cornell's chance of survival has been greatly decreased as a result of the delay in diagnosis.

PENN v. MALAYA

$750,000 settlement on the second day of trial. Medical negligence / wrongful death of a 74 year old retired man. Surviving spouse of 10 yr. marriage. No children. Failure to timely diagnose and treat post operative bleed following laprascopic gallbladder surgery resulted in death.

DOE v. DOE, M.D. and DOE MEDICAL CENTER

$750,000 confidential settlement. Defendant surgeon encountered complications during routine laminectomy and requested neurosurgical assistance. Surgeons who had privileges at the hospital refused to come to physician's aid. Plaintiff later developed permanent sequela from the procedure. Despite peer review statutory immunity, Plaintiff established that Defendant hospital had questioned the surgeon's competence two months before procedure but took no action. Settlement included contribution by the hospital.

JOHN DOE v. JOHN DOE PHYSICIANS

$675,000 settlement on behalf of 45-year-old patient against Defendant physicians who failed to timely diagnose a spinal epidural abscess. The unchecked abscess developed into meningitis, resulting in permanent neurologic damage. Patient suffers from short-term memory loss, cannot walk without the assistance of a walker, and undergoes rigorous physical therapy to maintain mobility.

REHN v. BAYTION

$665,000 settlement. Malpractice action on behalf of 39-year-old man diagnosed in 1989 with testicular seminoma. Patient was improperly diagnosed as Stage I rather than Stage II based on CT scan abnormality. Inadequate radiation dosage and field employed, resulting in eventual recurrence of seminoma as pelvic mass. Mass was improperly resected rather than treated with radiation / chemotherapy, leaving patient with orthopedic disability in left leg.

BOOKSHAR v. KAY

$475,000 settlement on behalf of 50-year-old laborer against Defendant surgeon who permanently damaged Plaintiff’s radial nerve during surgery to repair a right elbow fracture. Defendant surgeon admitted the technique he employed during surgery was not a proper means of fixation, and in fact, left a ten-centimeter segment of nerve missing. Plaintiff did not return to work for fifteen months, has had to undergo six surgeries, and has endured extensive physical therapy and rehabilitation.

WEIGAND v. BARNESVILLE HOSPITAL

$400,000 settlement. Medical negligence/wrongful death. Failure to timely diagnose and treat infective endocarditis in a 40 year old single woman. No dependents. No economic loss.

DIEDERICH v. PHC., INC.

$200,000 settlement demand paid on morning of trial for death of newborn, despite testimony of eight local obstetricians that the care of the defendants complied with acceptable medical practice. Plaintiffs established that refusal of obstetricians to criticize local colleagues was a "conspiracy of silence", and that Plaintiff had not been informed of a safer way to manage her pregnancy, which would have avoided the death of her child.