Medical Injury Settlements and Verdicts

Medical injuries can be minor, life-altering or fatal. If there is ever a situation in which the actions of a medical professional are negligent, you may have a medical injury claim. However, medical malpractice claims are typically more complicated personal injury cases.

Often times, there are additional requirements relating to the burden of proof, and many states have caps on malpractice liability (even where there are lifelong injuries involved).

Medical Injury Lawsuits

If you've suffered an injury in a doctor's office or hospital, you may be able to seek compensation by filing an injury lawsuit. Receive a confidential consultation from a local injury attorney. Simply fill out the brief case review form below to get started now.

Free Case Evaluation

Although many states limit personal injury recoveries in general, some place even lower limits on medical malpractice claims, despite the fact that most injury victims have placed a much higher level of trust in their physicians and other medical care providers than most other personal injury defendants, and medical professionals theoretically have a higher duty of care to their patients than the general public has to one another.*

*Results taken from recent news articles. Results not typical. Prior results do not guarantee a similar outcome.

$20.5 Million in Medical Malpractice Case

A Pennsylvania jury just awarded $20.5 million in a medical malpractice lawsuit that involved a boy who was permanently injured as a result of mistakes made at his birth.

The problems started when the mother called her doctor to say something was wrong with her unborn child. The doctor told her to go to the hospital where she was hooked to a fetal monitoring system that indicated something was indeed wrong with the baby. It took the doctor two hours to arrive at the hospital. During that time, the baby received little oxygen.

When the baby was finally delivered by C-section, irreparable damage had been done. The boy now has cerebral palsy, is blind and mentally retarded and has no use of his hands.

It took just four hours for the jury to rule in favor of the family and the boy for the birth injury. They found that the doctor and the medical center were negligent in their treatment of the birth. The doctor was assigned 60 percent of the negligence and the medical center was assigned 40 percent.

The parents will receive $2 million for healthcare expenses and related costs, and the child, now 7 years old, was awarded $18.5 million for lost earning capacity, pain and suffering and medical expenses. He will receive the personal injury award when he turns 18 years old.

» Back to top

$13.5 Million for Family of Deceased Experimental Chemotherapy Patient

A jury awarded $13.5 million to the family of a woman who died of a massive flesh-eating bacteria infection while undertaking experimental chemotherapy treatments at Dana-Farber hospital in Boston.

The woman had Ewing's sarcoma in a tumor behind her knee. She was receiving chemotherapy every two weeks instead of the typical once-every-three-weeks practice.

The personal injury lawyer who fought for the medical malpractice lawsuit alleged that the woman's death "could have been prevented if doctors had investigated the cause of chronic diarrhea that surfaced during treatment for a tumor behind her knee."

» Back to top

Wisconsin Parents Awarded $11.4 Million For Malpractice Lawsuit

The parents of a brain-damaged boy were recently awarded $11.4 million for the injury that their son received when he was being birthed. They alleged that the child's birth injuries were due to the negligence of a hospital's nurse and nurse midwife.

The jury agreed with the parents after listening to a three-week trial. The hospital said it believes it provided appropriate care. The parent's personal injury lawyer said the money is barely compensation; however, it should improve the boy's life.

» Back to top

Pfizer: $894 Million to Settle Lawsuits Over Its Drugs Bextra & Celebrex

Pfizer, Inc. has reached an $894 million deal to settle most of its lawsuits about its pain reliever Bextra and its anti-inflammatory dug, Celebrex. Celebrex is the only one drug out of the two that's been linked to an elevated risk of heart attack and stroke. It's still on the market because the FDA says the benefits outweigh the risks. The settlement represents 92 percent of the total lawsuits against the company, which includes about 7,000 personal injury cases. The lawsuits mostly involve people who took Bextra and suffered heart attacks, stroke, death or other damages.

» Back to top

$8.1 Million Verdict for Lost Cancer Biopsy

An Indiana jury recently awarded a woman $8.1 million for a medical malpractice lawsuit against her podiatrist. It all started in 2004 when the woman had a growth removed from her big toe. She thought there was no cancer risk until the growth resurfaced a year later and she found out she had malignant melanoma cancer.

A Superior Court jury found the podiatrist was liable for medical malpractice because he lost the specimen he removed from her big toe. The podiatrist said the specimen wasn't lost, but it disintegrated and there was no way to test it.

If the specimen had been tested, it would have alerted the woman to the cancer and improved her odds at beating the disease.

Instead, the woman has stage-three cancer and has just a 17 percent chance of surviving another 12 years. The woman is 33 years old and has two young children.

» Back to top

Nearly $1 Million Awarded to Injury During Delivery

It has taken 5 years, but a jury has now awarded $975,501 to the family of an infant injured during a delivery in a Minnesota clinic.

The jury determined the clinic and obstetrician were negligent in the delivery because they should have realized that, due to the baby's large size, the baby should have been delivered by Caesarean section.

As a result of their negligence, the baby-who weighed more than 10 pounds at birth-suffered life-long injuries, which included a shoulder injury that lawyers argued will cause limitations and significant reductions in her future earnings.

The verdict included $118,001 for past medical expenses, $137,500 for bodily and mental harm, $420,000 for future damages and mental harm, and $300,000 for loss of future earning capacity.

The doctor's lawyers said the size of a fetus can't be easily determined and that a Caesarean section brings its own set of risks. The doctor's lawyers also denied allegations that the doctor pulled the baby's head too hard, injuring the shoulder.

» Back to top

Naples Community Hospital and Former Doctor found Negligent in Child's Death

A Collier Circuit Court jury awarded $500,000 to a mother for her past pain and suffering since her son died from meningitis in 1997. Christopher, son of Erin Manhardt, contracted meningitis during his delivery 17 years ago; he died at the age of five.

The jury determined that a NCH Healthcare Systems hospital and Dr. Frank Aduitori were the cause of Christopher's injury and death after he suffered severe neurological damage from Group Beta streptococcal infection passed from his mother. This was the third trial in the lawsuit, which was originally filed in 1993.

During the first trial in 1999, a jury was in favor of the hospital, pediatrician Dr. Shameem Tamton, Susan Short Pediatrics and the Department of Health and Public Services' Collier Country Public Health Unit; however, Manhardt's lawyer sought a new trial, citing many errors. The case went to trial for the second time in 2006 but was declared a mistrial because the judge couldn't preside over a two-week trial. A new judge was not found until now. The defense attorney is considering seeking a new trial.

» Back to top

Man Awarded $4 Million for Misdiagnosis of Rocky Mountain Fever

A 23-year-old Kansas man was awarded more than $4 million in damages because he became permanently disabled after doctors failed to diagnose he was suffering from Rocky Mountain spotted fever when he was 11 years old.

If properly diagnosed, the disease contracted by a tick bite can be easily treated. But this man's case was left untreated. As a result, the man suffered catastrophic damages including deafness, loss of speech, brain injury and the amputation of both legs and five fingers.

The jury ruled that the hospital was 85 percent at fault and that one of the doctors was 15 percent at fault.

» Back to top

$8.5 Million Awarded to Widow of Biker Who Died in ICU

A surgeon in Modesto County was ordered to pay $8.5 million in a medical malpractice verdict stemming from a wrongful death lawsuit over a man who died in the hospital from respiratory problems after he'd been airlifted in from a motorcycle accident. The jury decided in favor of the man's widow, finding that the hospital was negligent in not providing closer monitoring for the biker in critical condition. The jury awarded $2.5 million in economic damages and $6 million in compensatory damages. However, despite the large size of the jury verdict, the widow will see much less, due to the state's medical malpractice caps, which limit non-economic damages to $250,000.

» Back to top

$9 Million to Family of Cancer Victim for Doctor's Misdiagnosis

Damages of $9 million will be awarded to the family of a 33-year-old woman who died of cancer after a jury agreed with their claims that the Amherst, Massachusetts doctor who treated her failed to diagnose her disease. According to the lawsuit, the doctor did not perform a biopsy after she found a lump in the woman's breast; the woman died two years after she began seeing the doctor, after another doctor diagnosed the cancer. Six million dollars of the nine million is compensation for future monetary losses.

» Back to top

$1.8 Million to Family for Medical Malpractice Death in Abdominal Surgery

A jury in Saginaw County (Michigan) awarded $1.8 million to a family for the wrongful death medical case of Brenda Miller, who died after surgery at St. Mary's of Michigan hospital in 2002. Miller was undergoing the second of two abdominal surgeries to clear an obstruction in her digestive tract. The jury found compelling the family's claims that Dr. Donato Cabrera was negligent in performing the operation. The award came from the county on behalf of the doctor; prior to trial, the family settled with the hospital for an undisclosed sum.

» Back to top

$500,000 for Medical Negligence

Lorie Prigmore settled a medical malpractice lawsuit against San Joaquin County by reaching a compensation amount of $500,000 with the San Joaquin County Board of Supervisors for the death of John Prigmore Sr. at the San Joaquin General Hospital. Her lawsuit claimed that the hospital was negligent in its care of Prigmore, though news reports did not include any specific details about the case. The money for the compensation agreement will come from the Hospital's insurance fund.

» Back to top

$20 million for death during Liposuction

The family of Amy Fledderman were awarded $20 million by a jury from Dr. Richard Glunk over a medical malpractice lawsuit they filed after the teenager died following a liposuction procedure. It was later revealed that Glunk's ambulatory surgical center was not licensed by the state for the kind of procedure performed on Fledderman; during the surgery, according to witness testimony revealed at trial, Glunk hit a blood vessel, and then waited for two-and-a-half hours to call for an ambulance. Fledderman died two days after surgery of a fat embolism.

» Back to top

$3.2 million for amputated leg

A verdict from a St. Croix county jury awarded more than $3 million to Jim Lang of Baldwin, Wisconsin after he lost part of his leg in treatment for a work injury. Lang had originally hurt his leg while working at his factory job in Hammond, Wisconsin; he visited Dr. Gregory Estlund four times in 2003 for pain associated with his injured leg, which later required amputation. A specialist noted muscle and nerve damage, as well as reduced blood flow, in an examination after seeing Dr. Estlund.

» Back to top

$22.6 million awarded for birth trauma leading to brain injuries

A woman from Blue Ash, Ohio won a medical malpractice lawsuit with a jury award of $22.6 million for birth trauma after her baby received brain injuries while being stuck in her birth canal for 13.5 hours during delivery. According to Heather Grow's personal injury attorneys, the medical advice she received during her pregnancy was that the baby would not fit through her narrow pelvic arch, but physician Lisa Yang made the decision to continue vaginal delivery. Further, medical staff gave Grow drugs to cause uterine contractions to assist in pushing the baby out; however, the uterus contracted against the baby's head, further exacerbating the brain injury. The baby, Cassie Grow, now 11 years old, is a spastic quadriplegic who can only walk by means of a walker and has trouble with vision.

» Back to top

$3.7 Million for Botched Spinal Operation and Paralysis

A man from New York City settled a medical malpractice lawsuit with New York Presbyterian Hospital over a spinal surgery error that left him paralyzed. Firstly, the lawsuit alleged that he was not promptly told of an early misdiagnosis; originally told he had pneumonia, doctors found he instead had an active staph infection but failed to contact him until the infection worsened. Further, when doctors operated on his spine, an expanding fabric called Surgicel was used in the operation, despite the fact that it is not recommended for use in spinal surgeries. Doctors later realized, when the man could not move his arms or legs, that the Surgicel had expanded, pressing up against his spine and paralyzing him.

» Back to top

$40 million for defective monitor

A man from Everett, Washington was awarded $40.1 million from a jury for injuries he sustained during cardiac bypass surgery. A malfunctioning heart monitor caused 54-year-old Paramjit Singh so much damage to his heart that he was forced to undergo a heart transplant. The monitor, made by Edwards Lifesciences Corp. of Irvine, California, caused a catheter to overheat and burn the heart. Of the more than $40 million awarded, the $8.35 million were punitive damages. The jury found Edwards responsible for 99.99 percent of the damages awarded, and Providence Everett Medical Center responsible for 0.01.

» Back to top

Uninsured patients get 25% discount in settlement from St. Louis hospital

BJC Healthcare of St. Louis, Missouri reached a settlement agreement in a class-action lawsuit filed on behalf of uninsured patients treated at any BJC-run hospital since January 1, 1999. The lawsuit would give these patients a refund of 25 percent of their bills, which were ruled to be excessive. The 25% discount will also apply to uninsured patients who are treated at BJC hospitals until 2012. The discounts apply to only non-elective procedures and only to the hospital portion of the bill.

» Back to top

$3.2 million for malpractice at birth leading to defects

The Kaiser Permanente hospital in Anaheim agreed to pay a settlement of $3.2 million to Ariana Ehteman, a 14-year-old whose parents Ardie and Ela Ehteman brought a lawsuit against the hospital claiming that Ariana suffered brain damage at birth that has led to developmental difficulties. According to the lawsuit, Ariana was not breathing after she was delivered by Caesearean section because the C-section was not performed at the correct time. As an infant, Ariana spent several weeks in the hospital and now suffers from hearing loss, poor impulse control and attention deficit disorder. The $3.2 million has been used to purchase an annuity worth $20 million over her lifetime to pay for future medical expenses and rehabilitation from her birth defects.

» Back to top

Pittsburgh Couple Receive $3 Million for Medical Misdiagnosis

A Pittsburgh area woman received a jury verdict of $3 million for a medical malpractice lawsuit that she filed for misdiagnosis of a sinus infection. Lynn Flaherty, of Bethel Park, Pennsylvania, saw a doctor with symptoms like those of a sinus infection. The steroid antibiotics she received, however, exacerbated her condition and caused facial damage, eventually resulting in emergency brain surgery. The end result of the damage from the illness and surgery is that Flaherty can no longer control her emotions or complete complex mental functions. $2 million of the award was awarded to Lynn Flaherty for pain and suffering and medical expenses, while $1 million of the award went to her husband, James Flaherty, for loss of consortium.

» Back to top

Illinois State Football Player Family Receives $1.7 Million for Wrongful Death

The family of Drew Cousins, a former Illinois State University football player, received a settlement of $1.7 million to resolve a wrongful death lawsuit against Orthopedic & Sports Medicine Center in Normal, Illinois after the 22-year-old died after knee surgery. Cousins's death after a surgery performed at the center was determined to be due to negligent post-surgical treatment provided by Li and three nurses. Medical reports show that Cousins died due to complications in the surgery, which took place in 2003. The OSF Healthcare System was also named in the suit, for the role played by two of the nurses, which it employs.

» Back to top

California Woman Receives $250,000 for Disabled Son Being Taken Off Life Support

A San Luis Obispo woman whose disabled son died during an operation has settled a lawsuit against the Sierra Vista Regional Medical Center for $250,000. 25-year-old Ruben Navarro died at the hospital after he was taken off life support while being prepared for organ recovery. His mother Rosa Navarro filed a suit against the hospital and doctor, suspecting that her son was given drugs in order to speed up his death to allow faster recovery of organs in a transplant operation. The doctor who performed the operation is being investigated for criminal charges for the situation.

» Back to top

$250,000 with LA County for Misdiagnosis of Uterine Cancer

Johnnie Mae Williams agreed to a $250,000 settlement with Los Angeles County over a botched labeling in medical testing that resulted in a misdiagnosis of uterine cancer. When Williams' tissue specimen was accidentally switched with another woman's, doctors diagnosed her with cancer and performed an operation to remove her uterus in March 2001. It was only after surgery that the pathologist found that the removed uterus did not have cancer and realized the mistake. As part of the settlement agreement, Williams has withdrawn the medical malpractice lawsuit she brought against the county for negligence in the diagnostic error.

» Back to top

Florida Woman Awarded $2.4 Million for Sponge Left Inside Her During C-Section

Karlene Chambers, of Pembroke Pines, Florida, received a jury award $2.4 million from a medical injury lawsuit filed against doctors at Memorial Hospital West in Broward County. The suit claims that Chambers was left with a permanent disability to her abdomen and uterus after doctors performed a Caesarean section to deliver her baby and left a foot-long piece of gauze inside of her. The piece of gauze, used as a sponge during the operation, caused an internal infection, and as a result of the mistake, Chambers will no longer be able to have children.

» Back to top

Chicago Area Boy Receives Record $12 Million Verdict for Physical Disabilities Caused at Birth

A record $12 million has been awarded to a Warrenville, Illinois boy who was disabled at birth due to medical negligence. The 7-year-old is of normal intelligence, but has no control over his limbs and will require medical attention for the rest of his life. The jury found that the doctor involved in the boy's birth was responsible for what they deemed as an "unnecessary" 45-minute delay at the beginning of an emergency Caesarean section, which they concluded from testimony deprived the child of oxygen enough to cause the permanent physical damage. Of the total amount, the family's lawyer said $10.5 million will go into a fund to be used solely for the child's medical care.

» Back to top

$125,000 Settlement for Negligence in Suicide

The family of a former mental patient named Joshua Wayne Brown accepted a $125,000 settlement with Pulaski Community Hospital for a lawsuit that alleged that the county was negligent in preventing their son from killing himself while a patient at the mental hospital. Brown was first admitted to the hospital because of a drug overdose, and arrangements were made to transport him to another hospital after evaluations determined that he suffered from mental illnesses as well. As he was being transported, he revealed a pistol that he had smuggled in his pants, which he used to kill himself. The lawsuit claimed that if Brown had been properly searched, the gun would have been found.

» Back to top

Jury Grants $1.5 Million in Wrongful Death Suit

The family of Auriliano Salas, a patient at Christus Health Southeast Texas, received a $1.5 million award from the Jefferson County district court in a wrongful death suit filed against the hospital. The lawsuit claimed that when Salas, who had no spleen and suffered from many illnesses throughout his life, arrived at the Christus emergency room in 2001, doctors misdiagnosed a heart attack as an infection. Salas died just 8 hours after arriving. The final award amount was 15% of the $10 million requested in the lawsuit.

» Back to top

$13.5 Million Medical Negligence Verdict for Cerebral Palsy

A woman from Polk County, Iowa named Deb Gardner was awarded $13.5 million from a jury for a medical malpractice suit involving her 4-year-old son, who has been diagnosed with cerebral palsy. During a c-section operation during her son's birth at Broadlawns Medical Center, doctors failed to monitor her baby's heart rate properly. When they introduced a spinal anesthetic, Gardner's blood pressure began to drop, which cut oxygen off to the baby, resulting in his current condition. Gardner had already settled with Blank Children's Hospital, where the child was taken after birth, for an undisclosed sum prior to the trial.

» Back to top

$1.6 Medical Malpractice Suit for Cancer Undiagnosed

A general practitioner in DeKalb County, Illinois was ordered to pay $1.6 million after failing to diagnose a patient with bladder cancer and kidney disease. In June 2003, David Kordek visited Dr. Vijay Marwaha for problems with frequent urination. In November of the same year, Kordek was diagnosed with stage-four bladder cancer and renal failure that arose from kidney obstruction by the cancerous mass in his bladder. At that point, the cancer was too far advanced to give Kordek many treatment options. Now 44, Kordek has been given a 10 percent chance to live until 50.

» Back to top

German Man Receives $4,100 for Skull Snafu

A German man sued a hospital for putting the top part of his skull in a defective hospital fridge while undergoing a brain operation, but received only 3,000 Euro (about $4,100). When the surgeons returned to the fridge to replace the skull fragment after the operation was complete, they found that it had not been kept cold enough, and had begun decay. They were forced to use a plastic prosthesis. The man sought 20,000 Euro, claiming he experienced undue pain because of the prosthesis. However, the jury sided with expert medical testimony that surprisingly claimed that "the new skull roof was better than the original."

» Back to top

$3.5 Million Malpractice Verdict Upheld for Arkansas Man

Paul Montgomery, plaintiff in a medical malpractice suit, was certainly relieved to hear that a judgment on his case handed down last year was upheld in an Arkansas appeals court. Montgomery sued cardiovascular surgeon Dr. Mark McCoy and Cooper Clinic for medical negligence in a heart bypass and femoral bypass surgery on both of his legs that eventually resulted in the necessary amputation of his right leg. The jury decided that McCoy was not negligent in the heart surgery, but was negligent in the leg surgery, and The original verdict totaled $3 million in compensation, along with $500,000 in punitive damages, though interest accrued during the appeal will make the actual award significantly higher. Montgomery's lawyer, Bobby McDaniel, stated that the award was one of the largest ever in Sebastian County for medical malpractice.

» Back to top

$1.8 million award for Delayed Treatment

$1.8 million was recently awarded to a man who became a paraplegic following surgery at a Michigan hospital. John Shivers lost the use of his hands and arms when an anesthesiologist delayed treatment of his paralysis symptoms, which developed soon after he received bladder surgery in 2002. Shivers originally sued against Valley Anesthesia and Dr. Susan K. Schmiege and the hospital originally settled for $200,000 in 2006.

» Back to top

$18.5 million awarded for medical malpractice

A New Jersey Superior court jury recently awarded $18.5 million to a man who was paralyzed from the waist down after he received contaminated chemotherapy treatment for leukemia. The jury found Eun Mi Jhun, the pharmacist who prepared the contaminated medication, responsible for the paralysis. The contaminated dose was injected into the spine of Anton Weck in 2001, resulting in his paralysis. Weck had previously been undergoing chemotherapy for three years and was receiving his final dose at the time he was paralyzed.

» Back to top

$4.5 million awarded for brain tumor

A Washington jury recently awarded $4.5 million to the widow of an artist and photography instructor who died of an undiagnosed brain tumor in 2004. Craig Pozzi sought treatment for "feelings of fear" in 1994 and was told by two doctors that he was experiencing panic attacks. Pozzi was issued a prescription for Paxil and sent on his way. Had a brain scan been performed in 1994, the brain tumor would have been revealed and treated; Pozzi could have lived another 15 to 25 years. The Superior Court jury found health care provider Kaiser Permanente negligent and ordered them to pay the award.

» Back to top

Jury Awards $21 Million For 'Wrongful Birth'

A Gainesville couple was awarded $21 million on Monday after a jury found Dr. Boris Kousseff negligent and another unnamed doctor 10% at fault for misdiagnosing their first child's birth defect which could have prevented them from having a second child with the same problem. Their first son was born with Smith-Lemli Opitz syndrome making him unable to produce or synthesize cholesterol correctly and causing developmental delays and other multiple birth defects. The doctor, who is a specialist in genetic disorders, specifically informed the couple the birth defects were not a specific disorder and they could still have normal children. Had he correctly diagnosed the disorder, they could have tested their second child in time to terminate the pregnancy.

» Back to top

$525,000 awarded to couple for delay in Emergency Room

A Bayport, NY man and his wife were awarded $525,000 in a suit against the state of New York for a state hospital's inability to reattach two fingers that were amputated in a power saw accident. Michael O'Shea arrived at the University Hospital and Medical Center at Stony Brook in the early evening, a short time after his accident, only to wait until the early hours of the morning before a deliberation was made that his fingers could not be reattached. O'Shea's attorneys successfully argued that the emergency medicine physician was negligent by not calling an orthopedic surgeon until five and a half hours after arriving at the emergency room, despite the fact that it would have would have been evident much earlier that a surgeon was needed.

» Back to top

$195 million settlement over flawed defibrillators

The Boston Scientific Corporation agreed to pay a total settlement of $195 million to thousands of consumers who purchased defibrillators manufactured by one of its subsidiaries, the Guidant Corporation. The settlement came on the heels of thousands of claims made by heart patients who were not alerted to potential defects due to faulty insulation in the Ventak Prizm 2 Model 1861 unit. The company learned of the potential defect in 2002, but doctors were not warned of them until the New York Times published a story on the deaths of patients using the device in 2005. A total of seven deaths were caused by defibrillator malfunctions, though the current settlement is directed to patients who removed the defibrillators or claimed to have undergone emotional injuries. This appears to be only the first of a series of potential exposures of Boston Scientific and related settlements.

» Back to top

$814,000 awarded for medical malpractice

A woman whose diabetic father died in 2003 was recently awarded an $814,000 malpractice judgment against his physician. Marion Hendry was admitted to Hood Memorial Hospital in 2000 and he was diagnosed with arthritis in his right wrist and cellulitis, a dangerous skin infection, by Doctor Amite Goldsby. His wife, Tanya Sparks moved Hendry to the North Oaks Medical Center in 2002 when his blood pressure dropped so low that his brain was damaged. At this time, doctors determined that his wrist was broken and he was institutionalized because of the brain damage. It was determined that Hendry's prior care under Goldsby has been substandard, leading to his eventual death.

» Back to top

$1.25 million for wrongful death suit

Georgia state officials have recently agreed to pay $1.25 million to settle the case of a girl who died from severe intestinal blockage in 2006 at the Georgia Regional Hospital in Atlanta. Sarah Elizabeth Crider's family will be paid $1 million for her wrongful death and her estate will be paid $250,000. On the night she died, Crider vomited several times, but a doctor called to her bedside neglected to perform a medical examination. Hospital workers who were mandated to check on her condition through the night failed to enter her room for as much as four hours. Articles on Crider's death, and others like it, have prompted the U.S. Justice Department to open an investigation into whether the state hospitals are violating patients' civil rights.

» Back to top

$96 million awarded for Jaundice Untreated

A California Superior Court civil jury has recently awarded an estimated $96 million in future damages to a child who developed a rare but serious neurological disorder caused by untreated jaundice shortly after his birth. According to the lawsuit, Aidan Ming-Ho Leung exhibited several risk factors for kernicterus, a neurological disorder that can cause mental retardation, cerebral palsy and hearing loss, when he developed jaundice. The jaundice was a sign of the buildup of bilirubin, a yellow bile pigment which is produced in greater quantities than a baby's liver can excrete. The plaintiff's attorney argued that the hospital and Dr. Wayne Nishibayashi should have been alert to the possibility of Leung developing kernicterus and given him appropriate medical treatment to reduce the bilirubin buildup. The current value of the award is $15 million, but Leung's attorneys expect it to reach $96 million over the course of the boy's lifetime. A lawyer for the non-profit Verdugo Hills Hospital said the award will be appealed.

» Back to top

$11.11 million awarded for Misdiagnosis

An Illinois jury recently awarded $11.11 million in damages to a 65-year-old woman who was misdiagnosed in the emergency department at a hospital in 1998. Judy Spiegelman went to the emergency department at Victory Memorial Hospital complaining of a headache and earache. Dr. Murray Keene first decided to discharge Spiegelman though she had facial paralysis on the left side and complained of double vision. After refusing to leave the hospital because she could not walk, Keene thought she might have suffered a stroke and admitted her to the hospital. Within 24 hours, Spiegelman lapsed into a coma, at which time she was diagnosed with bacterial meningitis. The plaintiff claimed that Keene should have considered a brain infection like bacterial meningitis as a possible diagnosis and treated her with an effective antibiotic. Spiegelman has lived in a nursing home ever since the incident.

» Back to top

$740,000 awarded for wrongful death of teen

Oregon jurors recently awarded $740,000 to the mother of a teenager who died after taking the prescription painkiller Propacet in 2002. Katrina Son was originally seeking a $2.2 million wrongful death settlement from Doctors Paul Rostykus and John Delgado. Allegedly, Sara Joy Burnson had used cocaine within a day or two of using the painkiller, which was not prescribed to her. Burnson was brought to the hospital by her father and was diagnosed with fatal heart arrhythmia. Although Propacet is said to pose "unique" cardiac risks, Doctor John Delgado told the court that he did not believe the drug caused Burnson's symptoms. Burnson's family testified that they had brought in the empty pill bottles as proof of the drug overdose; Dr. Rostykus testified that he had no memory of seeing any such bottles. The jury found that the doctors failed to know or discover what medications Burnson had ingested and failed to treat the drugs' delayed effects in a timely manner.

» Back to top

$1 million Settlement for Bedsore Suit

An Illinois judge recently approved a $1 million settlement between a Skokie nursing home and quadriplegic resident who says he suffered from preventable bedsores while staying at the facility. Jerzy Wazydrag alleged that he developed bedsores on his lower back, hips and heels during his stay at the Alden North Rehabilitation & Health Care Center because the facility did not have adequate prevention techniques. Wazydrag's main contention was that the facility had an insufficient number of adequately trained staff to attend to his needs.

» Back to top

$5.5 million for wrongful death

A Florida jury recently ordered Johnson & Johnson's Janssen Pharmaceutical Products LP and Alza Corp. to pay $5.5 million as part of a wrongful death verdict delivered in the US District Court for the Southern District of Florida. Adam Hendelson had been using Duragesic, a patch containing the narcotic painkiller fentanyl, to treat hip pain and died shortly after. The jury determined that the companies were financially liable for his death.

» Back to top

$1.3 million awarded for medical malpractice

An Illinois jury recently awarded $1.3 million to a woman who lost part of her colon and all of her internal sex organs following a medical procedure in 2000. Wendy Gossett had undergone a hysterectomy, during which a four-by-four-inch cotton surgical sponge was left inside her abdomen. One month later, Gossett's ovaries became infected, and the infection later spread further into her nerve endings and likely caused a bulging disc. Gossett now wears an internal morphine pump that must be filled by injection monthly and replaced every five years. She can no longer produce estrogen and now takes anti-seizure medication. She can also no longer sit for more than 45-minute stretches.

» Back to top

$5 Million awarded for Death after Weight Loss Surgery

A Pennsylvania jury recently awarded $5 million to the husband of a woman who died following weight loss surgery. Sandra Selepec was morbidly obese (350 pounds) in 2002 and was attempting to lose weight through gastric bypass surgery through Ethicon Endo-Surgery Inc, of Cincinnati. Following the surgery, two eyelash-sized titanium surgical staples failed to close completely and caused her stomach to leak. Selepec never regained consciousness following the surgery and died 20 days later. During the involved proceedings of the wrongful-death lawsuit, the jury was convinced that the stomach leakage was caused by the faulty stapling procedure.

» Back to top

$14 Million awarded for birth injury

A Cook County Circuit Judge recently approved a $14 million settlement to be awarded to the family of a boy who suffered severe brain damage during birth after hospital staff members allegedly confused his heart rate with his mother's pulse. The malpractice complaint against Northwestern Memorial Hospital contended that the baby was not breathing when he was born and emergency staffers were unable to resuscitate him due to the monitoring error. The resulting 7-minute lapse without oxygen caused the child to suffer from cerebral palsy, leaving his arms and legs paralyzed.

» Back to top

$1.5 Million - Medical Negligence

An Illinois jury recently awarded $1.5 million to a woman who was negligently administered with the drug Dilantin in 2004. According to court documents, Carolyn Day was given the drug intravenously in her right foot and she immediately complained of pain and a burning sensation that lasted for hours after the administration. The situation worsened until the amputation of her foot was necessary. Court papers alleged negligence on the part of the Franklin Hospital for administering the drug and failing to monitor her foot after administration, timely notify her physicians of adverse changes in her foot, discontinue administration after her complaints and treat the complications which evolved into a condition known as "purple glove syndrome."

» Back to top

Paralyzation Results in $8.5 million Awarded

The state of Florida recently agreed to pay an $8.5 million settlement to a woman who had a botched back surgery which left her paralyzed 19 years ago. A jury concluded in 1999 that a doctor from the Children's Medical Service, a defunct state agency, crippled Minouche Noel in an unnecessary surgery when she was an infant. Jurors found the state liable for medical negligence, but Florida's constitution mandates that governments are virtually shielded from lawsuits over $200,000 unless they are first approved by the state Legislature. After lingering in the State Senate for 19 years, the claims bill finally went through.

» Back to top

$30 million awarded for Medical Negligence

A woman who lost both legs and most of her hands after a medical procedure was recently awarded $30 million to recover past and future medical costs, lost wages and pain and suffering. A Florida jury determined that two doctors and the Memorial Hospital of Tampa acted negligently during an emergency room treatment. Seven years ago, Sally Lucia suffered from back pain and had stomach-muscle disfigurement from three Cesarean sections. Dr. Charles McLaughlin performed a "tummy tuck" to repair the damaged muscles and to lessen the stress on Lucia's back.

In early 2001, Lucia was directed to the emergency room after she started experiencing flu-like symptoms. McLaughlin was vacationing in Fort Lauderdale and the on-call surgeon, George Haedicke, removed some fluid from her stomach area. When McLaughlin returned, he gave Lucia medicine that focused blood flow to the inner part of her body to protect her vital organs, but neglected to provide her with replacement fluids necessary to maintain proper blood flow. The lack of blood flow caused extreme damage to Lucia's hands and legs. The damage proved irreversible and doctors at Tampa General were forced to amputate fingers from both hands and her legs below both knees.

» Back to top

$5.7 ($1.9) million awarded for skin cancer

A California Superior Court jury recently awarded $5.7 million to a bedridden man who claimed a doctor misdiagnosed his skin cancer. Regis M. Reilly alleged that dermatologist James C. Powers failed to biopsy a cyst that later metastasized into cancer. The verdict is the largest medical-malpractice award in California this year, but will be cut to $1.9 million under a state statute limiting damages in malpractice suits. Reilly went through several surgeries to remove the cancer and is now confined to his home where he receives 24-hour nursing care.

» Back to top

$7.4 million for Heart Procedure Patients

A Louisiana hospital agreed to pay $7.4 million to settle its part in a class-action lawsuit accusing a cardiologist of performing superfluous angioplasties and other procedures. Half the settlement will be shared by 305 former patients for about $12,000 per person. The remainder of the settlement will pay litigation costs and attorneys' fees in the suit against Our Lady of Lourdes Regional Medical Center. Attorneys are still seeking damages from the cardiologist Dr. Mehmood M. Patel, and from Lafayette General Medical Center, where he practiced. Patel could face up to 20 years in prison if convicted.

» Back to top

$2.27 million for medical malpractice lawsuit

A Pennsylvania Cumberland County jury awarded $2.27 million to Gerard and Linda Boullianne in a medical malpractice lawsuit filed in 2002. The birth and death of their son Christian at the Carlisle Hospital sparked the Bouilliane lawsuit; Christian was delivered with brain damage and cerebral palsy by nurse midwife Pamela Kozick. The plaintiffs said Christian's condition was caused by Kozick's negligent failure to recognize obvious signs of fetal distress during labor. The jury agreed, awarding the Boulliannes $273,471.61 under the Wrongful Death Act and $2 million under the Survival Act.

» Back to top

$1.775 Million Settlement Agreed To In Wrongful Death Dispute

Piedmont Medical will pay Martha Cogan $1.275 million for the wrongful death of her husband Herbert Cogan. He died in November 2002 after his doctors administered the wrong drug before Cogan's surgery. His blood pressure dropped immediately and he died on the operating table. The Medical Protective Company will also pay $500,000 to the Cogan family on behalf of the doctors named in the lawsuit.

» Back to top

$11.7 Million Jury Award to Paralyzed Teenager for Surgery Error

Joshua Coleman was paralyzed from the back down after undergoing surgery for back pain. During surgery, Doctors ignored an alarm, which monitors nerve impulses in the spinal chord. A Fulton County, Alabama jury awarded Coleman $11.7 million for the mistake made by Dr. Stephen James and other doctors at the North Fulton Medical Center.

» Back to top

$1 Million Malpractice Verdict For Surgery Resulting in Fatal Error

At the Emmet Circuit Court in Michigan, a jury verdict was issued for $1 million in the case against Bruce Deckinga the doctor who made a fatal mistake in a gastric bypass surgery. Karin Lobaina's husband died 4 years ago of an internal infection one week after the surgery to reduce the size of his gastric pouch. The autopsy had shown, Deckinga made the fatal error of misconnecting Lobaina's esophagus directly to his intestinal tract. The parties agreed to an undisclosed last minute settlement before the verdict was handed down.

» Back to top

$12.8 Million Awarded for Medical Negligence in Texas

The terms of the settlement agreement between the Dutton family and the White Memorial Hospital are confidential. However, the amount of $12.8 million was agreed to by both parties in the case. The Rogers daughter was born with cerebral palsy after a nurse failed to take proper care of the mother during her pregnancy. The daughter is not expected to progress past the mental capacity of a 2 year old. The family is satisfied with the settlement.

» Back to top

$4.2 Million Awarded To Relatives For Nursing Home Death

The relatives of Cheatum Myers were awarded $4.2 million in compensatory damages for his wrongful death. The suit claimed National Healthcare Corporation's (NHC) McMinnville nursing home staff neglected to properly care for Myers. The plaintiffs argued the company was more concerned about profits than properly staffing the home. Myers suffered falls and delayed treatment for his injuries and developed extreme bedsores during in his final days of life.

» Back to top

$200,000 settlement for excessive medication

In Los Angeles County, Henry Portillo was the victim of a mistakenly administered medication while undergoing treatment for leukemia. Portillo's parents received a $200,000 settlement after it was determined that the child received too much of a particular medication that should have been more limited in its dosage.

» Back to top

$2.65 million award in surgical mistake

A Brooklyn jury awarded Dennis Novick $2.65 million after the surgeon performing prostate surgery left a needle inside Novick's body. The jury determined that the mistake led to internal scarring that would cause Novick medical difficulty for the rest of his life.

» Back to top

$31 million against pharmacy for dispensing wrong drug

An Illinois Circuit Court jury awarded $31 million to the estate of Leonard Kulisek, who was given the wrong drug at a Walgreens pharmacy in 2001. The jury found that Kulisek was given a diabetes medication instead of a gout medication and subsequently went into hypoglycemic shock. Shortly thereafter, Kulisek had a stroke and had to undergo dialysis for end stage renal failure. He died in 2002. The pharmacist was fired from Walgreens in 2001 and was allegedly addicted to the pain medication Oxycontin when he dispensed the incorrect drug.

» Back to top

$31 million verdict for Mistaken Medication

A Chicago jury ruled for $31 million in damages to the estate of a man who was mistakenly given the wrong medication at a Walgreens pharmacy. Leonard Kulisek was supposed to receive medicine for his gout condition. Instead he was given a diabetes drug. The mistake caused Kulisek's health to decline, and he later died as a result.

» Back to top

$15.8 million in cerebral palsy case - Doctors Failed to Do C-Section on Time

Jason and Julie Lowe of Monroe, Michigan were awarded $15.8 million after complications arising from the birth of their son, Jason, five years ago caused the child to be deprived of oxygen, resulting in brain damage and cerebral palsy. Doctors failed to perform a C-section after the baby's umbilical cord compressed, then allowed Julie to be disconnected from a fetal monitoring device for ten minutes during late stages of labor. The verdict was awarded for pain, suffering, medical expenses in the past, present, and future, as well as attendant care and loss of earning capacity for the child.

» Back to top

Lack of Proper Eye Care Results in $20 Million to Blind Six Year Old

A jury in Montgomery County, PA awarded $20 million to Emmitt Lee, a 6-year-old boy who is now blind and whose doctors allegedly failed to properly treat a curable eye condition when the boy was an infant. The jury ruled that Abington Hospital and the boy's physicians should pay $1 million for lost wages, $1.35 for life care expenses, and $17.68 million for loss of life's pleasures.

» Back to top

$500k Awarded for Fatal Chemotherapy Dosage

A jury in Atlanta, GA ruled that a physician who prescribed an incorrect and ultimately fatal chemotherapy dosage to a cancer patient should pay $500,000 for the mistake. Cesar Espinoza, 46, had been diagnosed with a brain tumor, but had a positive prognosis, when he received an incorrect dosage of chemotherapy medication that caused him complications for 42 days, after which he died. His family sued and won. A lawsuit against the dispensing pharmacy was settled before going to court.

» Back to top

Call us 855-694-9176

Some bumps and bruises are a natural part of life. But when your pain is caused by reckless behavior, abusive behavior or negligent practices, Total Injury is there.

If you were injured as a result of someone’s negligence or intentional actions against you, you may have the right to compensation for any injury, damage or loss caused by the person at fault. About Us »

Attorneys: We help clients find you! Call 877-349-1307