Case Histories

OVER $60 MILLION RECOVERED FOR OUR CLIENTS

$6.1 million settlement for client injured in spinal surgery

The client underwent spinal surgery for purposes of determining whether a malignant tumor existed in the spinal cord. No tumor was found but during the course of the surgery the surgeon inappropriately removed normal functioning tissue that resulted in the client being left with no sensory input from either her upper or lower extremities to her brain. The devastating effect of this malpractice is that the client will never feel anything below her neck again.


$4,600,000.00 Settlement
Medical Malpractice for failing to timely diagnose retinopathy of prematurity in an infant resulting in complete, bi-lateral blindness

This case involved allegations concerning the failure of the defendants to timely order a screening examination for Retinopathy of Prematurity for the child between four to six weeks after birth resulting in complete, bilateral blindness. It was our position that a timely eye examination by an ophthalmologist would have permitted the child to receive timely laser surgery in both eyes that would have provided her with a 75% chance of having sight in both eyes. The defendants put up a fight but ultimately were forced to settle.

$4.5 million dollar confidential settlement on behalf of a brain damaged infant

Plaintiffs settled with several New York physicians on behalf of a brain damaged infant and his mother. The child was severely injured at birth when his mother's doctors failed to properly monitor the progress of her labor. The doctors failed to recognize that a caesarian section was necessary and as such caused the baby to suffer oxygen deprivation. As a result, our infant client was brain damaged and suffers from cerebral palsy and spastic quadraplegia.


$ 3,300,000.00 SETTLEMENT
Medical Malpractice Action Involving Ventriculoperitoneal Shunt Malfunction Venued

This was a medical malpractice action involving pediatric neurology and pediatric neurosurgery. The infant plaintiff, was born with spina bifida and an accompanying Arnold-Chiari malformation of the spine and accompanying paraplegia and hydrocephalus, among other less significant problems. Soon after birth, the child underwent surgery for the placement of a ventriculoperitoneal shunt. This shunt served to stabilize his hydrocephalus, a condition which, if left uncontrolled, would lead to severe brain damage or death. Even with the shunt in place and functioning, the child still had significant disabilities, including confinement to a wheelchair, bowel and bladder incontinence, brittle bones and some degree of learning disability.


$3 million settlement for pedestrian run over by a bus

Our 59 year old female client was hit by and run over by a bus, as she was crossing Flatbush Avenue in Brooklyn, NY.  She was struck by the Defendant bus driver who made an illegal left turn from Atlantic Avenue onto Flatbush. The bus driver completely ignored the sign indicating that left hand turns were not allowed at that intersection. She was then dragged down beneath the front wheel. Our client was emergently transported to a nearby hospital where she endured weeks of debridments and surgeries. Her left leg sustained a severe injuries. Upon leaving the hospital, our client underwent several months of rehabilitation. To this day, she continues to have difficultly walking. Her leg continues to have a mangled appearance. She has been unable to return to her job.


$2,400,000 SETTLEMENT

Failure on the part of the defendants to properly manage an infant's anemia leading to brain damage.

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$2,340,000.00 SETTLEMENT

For Medical Malpractice; Plaintiff v. 2 Unnamed Internists, 3 Unnamed Emergency Room Physicians, 1 Orthopedist, and 1 Radiologist.

The plaintiff alleged that due to the negligence of 7 physicians who treated her over the course of 66 days, an epidural abscess was not diagnosed at level T5 in her spine, leaving her a paraparetic.


$2,000,000.00 SETTLEMENT
MEDICAL MALPRACTICE FOR FAILURE TO APPROPRIATELY>INTERPRET ULTRASOUND

The infant was found to have multiple congenital anomalies. A sonogram taken during the pregnancy at 22 weeks was read as normal by the Defendant radiologist and in fact, there were two significant abnormalities apparent on this ultrasound:

  1. no fluid was visualized in the fetal stomach during the examination; and
  2. the fetal head was abnormally small.

It was Plaintiffs' position that the Defendant radiologist deviated from the accepted standards of medical practice as a radiologist interpreting the obstetrical sonogram in that he failed to diagnose either of the two abnormalities both of which are highly significant. The absence of fluid in the fetal stomach indicates either esophageal atresia or a neurological abnormality that prevents the fetus from swallowing normally. Small fetal head size puts the fetus at risk for mental retardation. If the Defendant radiologist had made the correct diagnoses on the sonogram, the mother and father would have had the option of aborting the pregnancy. The child, presently 7 years old, is mentally retarded, has a feeding tube as well as a tracheostomy. The child is wheelchair bound and requires full time care.


$1,980,000.00 SETTLEMENT
FOR WRONGFUL LIFE OF CHILD FAILURE TO PROPERLY PERFORM AND INTERPRET SONOGRAM

Mother of child had amniocentesis performed by her obstetrician due to advanced maternal age. A sonographer served as the ultrasound technician at the obstetrician's offices. Video tapes were maintained of the sonogram. The ultrasound was improperly performed and not interpreted appropriately by either the sonographer or the obstetrician. As a result the parent's of the child were not informed of the fetal abnormalities and were not given the appropriate option of an abortion. The parents would have chosen the abortion knowing the physical abnormalities of the child. The child, now five, will require care and be dependant upon others for the remainder of its life. The child was born with a midline facial defect, misplacement of the location of the eyes and nose, abnormalities of the lower extremities. The child has limited cognitive and communicative skills.


$1.8 million for failure to timely diagnose our client's Ewing's Sarcoma

Plaintiff settled with various New York physicians who failed to timely diagnose our client's Ewing's Sarcoma, a bone cancer which appeared in his femur. The most common areas in which Ewing's Sarcoma occurs are the pelvis, femur, humerus and the ribs. Our client complained over a period of months about leg pain which was not properly addressed. A CT Scan of the patient's femur was misread. During the period of the delay, the bone cancer grew and spread to his lungs and other portions of his body.


$1,750,000.00 SETTLEMENT
MEDICAL MALPRACTICE FOR FAILING TO APPROPRIATELY INTERPRET ULTRASOUND AND DIAGNOSE HOLOPROSENCEPHALY

Because of concerns regarding the infant plaintiff's development, his pediatricians ordered an MRI of the brain. Following this imaging study, the interpreting neuro-radiologist indicated that the MRI examination demonstrated findings characteristic of holoprosencephaly.

It was the plaintiffs' contention that, had the ultrasound images of the sonogram, taken at a gestational age of approximately 16.5 weeks, been appropriately taken and interpreted, the holoprosencephaly would have been detected, the significantly poor prognosis with respect to mental function would have been explained to the parents, and they would have had the option of aborting the pregnancy.

The ultrasound images from sonogram, at a gestational age of approximately 16.5 weeks, demonstrated two images of an abnormality involving the fetal brain. Specifically, the images demonstrated an abnormal configuration of the choroid plexus and lateral ventricles. In particular, the left and right choroids plexes appeared to fuse in the midline within the lateral ventricles that also appeared to fuse in the midline. These images indicate midline fusion abnormality affecting the fetal brain consistent with the diagnosis of holoprosencephaly. The office notes from the prenatal visit ofrecord nothing concerning this abnormal ultrasound finding, indicating that neither the technologist who obtained the images nor the physician who interpreted the images observed the abnormal ultrasound finding.

Since birth, the infant plaintiff has had significant developmental concerns. He cannot speak any words, he is not toilet-trained, and he is not able to communicate his needs. The infant plaintiff is not stable in a sitting position and is not able to sit up independently. This is presently a six-year-old boy with permanent neurological disabilities and who has had no meaningful development.


$1,650,000.00 SETTLEMENT
MEDICAL MALPRACTICE FOR FAILURE TO APPROPRIATELY INTERPRET SONOGRAM

It was the position of the Plaintiffs that failure to maintain the sonogram images and documentation were deviations from the accepted standards of care which, had the sonogram been read correctly, it would have shown severe abnormalities.


$1,600,000.00 SETTLEMENT
Medical Malpractice By An Anesthesiologist For Improperly Administering A Neurolytic Block Of The Celiac Plexus Causing Paralysis

The plaintiff was paralyzed at Level T-10 during an attempted neurolytic block of the celiac plexus. Her paralysis is permanent as a section of her spinal cord was permanently damaged by the alcohol meant to destroy her celiac plexus.


$1,500,000.00 Settlement medical Malpractice For Failing To Timely Diagnose retinopathy Prematurity In An Infant Resulting In Complete Bilateral Blindness

The defendants committed malpractice by failing to timely order a screening examination for Retinopathy Prematurity for a premature infant in the neo-natal intensive care unit between 4 to 6 weeks after the child was born resulting in complete bilateral blindness.


$1,500,000.00 AWARD
FOR DEATH OF 66 YEAR OLD MAN AFTER SURGERY FOR RECTAL CANCER

Decedent, a 66 year old retiree, presented to Defendants for the removal of a low-lying rectal carcinoma and he underwent an Anastomosis of the bowel. The anastomosis ruptured 8 days after surgery, spilling fecal material into decedent's abdomen and out the surgical wound. Plaintiff claimed that defendants failed to intervene surgically to this emergency. The emergency repair surgery was delayed for 16 hours. Decedent developed peritonitis and sepsis and remained in the hospital for next 8 months until his death.


$1,495,000.00 Settlement
for Wrongful Life

Infant plaintiff was born with spina bifida, secondary ventriculomegaly and an Arnold - Chiari malformation. His parents, instituted a wrongful life action against their treating obstetrician and the sonographer and sonography company.


$1,250,000.00 SETTLEMENT
FOR RSD/NEUROLOGICAL INJURY TO RIGHT ARM AND SHOULDER

The plaintiff was injured when entering a drug store and was struck on her right shoulder and right side of her body by a malfunctioning electronic entrance door. She was pinned at the shoulder against the wall, and subsequently required surgery for a shoulder impingement. She then developed reflex sympathetic dystrophy of the right upper extremity requiring numerous stellate ganglion blocks in her neck to help her cope with the pain. She also sustained injury to her right wrist consistent with a carpal tunnel syndrome and underwent surgery for the right carpal tunnel release. Her injuries and disabilities are permanent. She is not able to work because of the present condition of her right arm and right hand. She has two children for whom she is responsible as a single mother and does not take pain medication in order to be alert to their needs. She will suffer with pain and disability indefinitely.


$1,000,000.00 SETTLEMENT
FOR BRAIN/NEUROLOGICAL INJURIES SUSTAINED BY A SEVENTEEN YEAR OLD AS A RESULT OF AN AUTOMOBILE ACCIDENT

The plaintiff was a passenger involved in a two vehicle accident. She was hospitalized in a coma for a number of weeks and then required transfer to Children's Specialized Hospital. She has received outpatient treatment for rehabilitation at Kessler and other facilities. She presently lives with family and functions independently.


$1,000,000.00 SETTLEMENT
FOR UNDIAGNOSED HEART INFECTION

Decednent died due to complications relating to a bacterial infection of the heart, called endocarditis. She was 32 years of age. She died five months after giving birth to her only child. She was misdiagnosed as having a sinusitis. The defendant doctor found and recorded data relating to a heart murmur at the time of her child's birth but did not follow up on that finding. The decedent also showed symptoms of fatigue, fever, rash and urinary tract infection at the time of the birth of her only child.

A structured settlement was reached on the eve of trial with a guaranteed payment of $4,700,000.

$1,000,000 SETTLEMENT

Failure to diagnosis cancer of the uterine cancer


$900,000 SETTLEMENT

Failure to timely diagnosis and properly treat plaintiff's heart condition which subsequently resulted in his death.

$875,000.00 SETTLEMENT
MEDICAL MALPRACTICE FOR ERBS PALSY INJURY

The infant Plaintiff, was found to have significant right brachial plexus injury. The Defendant obstetrician at the time of the delivery did not document any standard maneuvers that were employed to release the impacted shoulder in the pelvic structure. A surgical procedure was performed on the infant 9 months after birth and when the surgeon explored the brachial plexus there was found a significant traumatic neuroma of the upper trunk which confirmed Plaintiffs' theory of the traction injury to the brachial plexus. The infant Plaintiff will be left with a permanent impairment of the right upper extremity function as well as persistent abnormal posturing and a possible limb length discrepancy.


$850,000.00 settlement for wrongful death for negligent administration of anesthesia in an unlicensed surgery center in Passaic County, New Jersey.

This lawsuit was filed in Bergen County, New Jersey for the widow and two adult daughters of a 50-year-old taxicab driver who went to an unlicensed, one-room surgery center in Passaic County, New Jersey to have a procedure performed on his prostate for benign prostatic hypertrophy.


$800,000 settlement
for the pain and suffering of an 83 year old woman
FAILURE TO MONITOR HEMOGLOBIN DURING SURGERY CAUSING ANOXIA AND BRAIN DAMAGE

Plaintiff broke her hip and during hip replacement surgery had a dramatic fall in her hemoglobin which went undetected by her anesthesiologist. As a result, she suffered from a lack of oxygen to her brain which caused her to be in a coma for a number of days. She ultimately came out of the coma however the hypoxic event caused her to sustain brain damage which made it impossible for her to continue living independently as she had been prior to this surgery. She became confined to a nursing home and requires assistance with all aspects of daily living. She becomes easily confused and lacks her prior mental acuity. The plaintiff is aware of the change in her mental and physical condition and suffers from depression.


$800,000.00 settlement
for woman who was driving her car and was struck head on by another vehicle.

She sustained nerve injury to the left side of her face leaving her with partial facial palsy. She underwent surgery for a muscle transfer. She has an uneven smile, ringing in her right ear, and her right eye will abnormally tear.


$800,000.00 Settlement
for Automobile Injury case

Plaintiff sustained injury to her left facial nerve due to the clear negligence of the driver of another vehicle. Plaintiff was driving a friend's car when defendant driving a Ford pick-up swerved into the opposite lane of traffic and struck the vehicle she was driving.

Plaintiff underwent a surgical procedure, called left temporalis transfer and suspension of the left eyebrow, which places a muscle from the top portion of her head into her left cheek area in order for her to regain some function on the left aspect of her face. Despite the surgery, her smile remains unbalanced. Plaintiff, thankfully, is fully functional, a senior in college with plans for a Doctorate degree. She also has occasional tearing of the left eye, and loss of sound of high pitches in the left ear.


$800,000 Settlement for Failure to Diagnose Splenic Artery Aneurysm

This was an action pending in the EDNC Federal Court brought pursuant to the Federal Tort Claims Act under California Law for capped pain and suffering of $250,000 under California's MICRA Law. Plaintiff was 9 months pregnant when she experienced severe abdominal pain and was taken to Balboa Naval Hospital. She was diagnosed as having a possible rupture of the uterus and or placental abruption. She was taken to the delivery room where via a bikini cut incision a healthy baby was born. Upon entry into the uterus to deliver the child 1500 cc's of blood was found by the resident obstetrician. Through the bikini cut an exploration of the uterus and lower abdomen was carried out and then an exploration of the upper abdomen was carried out. The source of the bleeding was not found and rather than convert the procedure to an open exploration and determine the source of the bleeding the patient was closed and sent to the recovery room for observation. Within 45 minutes of arrival in recovery she coded and bled out. She was taken back to the delivery room where an emergency exploration was carried out and the source of the bleeding was identified, a ruptured splenic artery aneurysm and her spleen and a portion of the pancreas was removed. In order to control the bleeding an emergency thoracotomy was performed. As a result of the thoracotomy the plaintiff suffers from post thoracotomy pain syndrome and is disabled from work.


$725,000 Settlement
For the failure to properly manage a high risk pregnancy

Settlement:$725,000 present value with guaranteed payout of 2 million dollars for the failure to properly manage a high risk pregnancy at a United States Air Force hospital resulting in the premature birth of a 24 week gestation resulting in a child who suffers from Cerebral Palsy and Blindness from Retinopathy of Prematurity. Mother went into premature labor at hospital A on a Friday. Was kept in that institution until Monday when she was air evacuated to hospital B. At Hospital B she was placed on complete bed rest for the first 48 hours and then encouraged to ambulate. After beginning ambulation she went back into premature labor and delivered her daughter at 24 weeks. Standard of care required complete bed rest with trendelenberg position. Hospital and doctors departed from standard of care. Case was settled for $725,000 T-Bill Trust with expected yield of $2,000,000 for the child's lifetime. More info reference GVU in e-mail.


$700,000.00 SETTLEMENT
MEDICAL MALPRACTICE FOR FAILING TO RECOGNIZE CARDIAC ABNORMALITIES

The deceased plaintiff, a woman died due to the negligence of an Emergency Room physician in failing to recognize an abnormal ECG and admit her to a hospital for immediate cardiac evaluation.


$700,000.000 Settlement for Negligent Dye-Study Test for Intrathecal Pain Pump Manufactured by Codman & Shurtleiff

Plaintiff's case was settled for $700,000.00 a claim for a 73 year-old man and his wife relative to the negligent performance of a dye study.


$675,000.00 Settlement for Methotrexate Overdose

Plaintiff was given an inappropriate amount of Methotrexate.


Settlement for $625,000.00 for Wrongful Death as a result of medical malpractice from negligent incisional hernia repair surgery leading to bowel perforation, sepsis and death.

The case involved the 60 year old married father of two adult children who went in to Jersey City Medical Center for surgery to repair an incisional hernia.  During the procedure, the surgeon poked at least two holes into the colon and apparently did not realize that he had injured the bowel or did not check. The surgery was completed and the patient was sent home for two days. On the third day, the patient returned in terrible pain, short of breath and with an increased heart rate. It took 24 hours to determine that the patient actually had peritonitis and perforations in two different areas of the colon.

The patient lasted in this condition for thirteen months never returning home from the hospital before he finally succumbed to his injuries. He had terrible pain and suffering in the hospital for 13 months before he died.

$625,000 Settlement

Defendant committed negligence during the course of plaintiff's back surgery leaving her with difficultly in her ability to walk.


$600,000 Settlement for Nursing Home Malpractice

The case, which settled for $600,000.00 before trial, involved a 98 year-old woman with dementia who was wheelchair-bound and was an in-patient in the long term care section of Bergen County, New Jersey.


$575,000 Settlement
for pain, suffering and wrongful death of a 65 year old woman

FAILURE TO DIAGNOSE CARDIAC TAMPONADE CAUSING CARDIAC ARREST AND BRAIN DAMAGE

Plaintiff underwent an angioplasty procedure and thereafter suffered from a cardiac tamponade which went undetected by her treating cardiologists despite multiple complaints and symptoms. As a result of the undetected and untreated cardiac tamponade, she suffered cardiac arrest and neurological damage, which caused her to remain in a comatose state for approximately three years prior to her ultimate death.


$570,000.00 SETTLEMENT
FOR TUBING ACCIDENT AT A SKIING FACILITY: FRACTURE/DISLOCATION OF BACK AT T11-T12

ThePlaintiff then 16 years old, sustained a back injury while tubing at a skiing facility.


$550,000.00 Settlement
Medical Malpractice for Failing to Recognize Widened Mediastinum and Aortic Dissection

The deceased plaintiff died due to the negligence of physicians treating him for the symptoms of nausea, vomiting, chest pain, abdominal pain, left leg pain, numbness, and left leg ischemia secondary to an acute Type B (III) aortic dissection.


$525,000.00 SETTLEMENT
MEDICAL MALPRACTICE FOR FAILING TO PERFORM VULVAR BIOPSY WHICH DELAYED DIAGNOSIS OF CANCER FOR TWO YEARS

The Plaintiff sought care from her gynecologist, at which time her gynecologist did not perform a necessary vulvar biopsy. Her gynecologist indicated that the white lesion on the vulvar was eczema and a biopsy was not performed until much later. The result of that biopsy revealed squamous cell carcinoma in-situ. Thereafter wide excision of the lesion was performed which demonstrated an invasive squamous cell cancer. The Plaintiff was treated with a radical hemivulvectomy and lymph node dissection.

Plaintiff argued that had the vulvar biopsy been performed a pre-invasive vulvar lesion would have been discovered and treatment of this could have been accomplished with wide local excision and/or laser vaporization. As a result of the two year delay, the Plaintiff had progression from dysplasia to an invasive carcinoma of the vulva which required radical surgery and lymph node dissection.


$500,000 SETTLEMENT

Defendant negligently performed back surgery leaving the plaintiff with severe nerve damage.

$500,000.00 SETTLEMENT
MEDICAL MALPRACTICE FOR FAILURE TO PROPERLY INTERPRET MAMMOGRAM

The Plaintiff had her mammogram, interpreted by the Defendant radiologist which was read as revealing no mammographic evidence of malignancy. This examination in fact should have been reported as demonstrating a new irregular density. Plaintiff was able to establish that the Defendant radiologist deviated from the accepted standard of medical care by failing to detect, describe, fully evaluate, and make appropriate recommendations for follow up for the abnormality seen within the Plaintiff's left breast on the mammogram Defendant radiologist interpreted. This deviation lead to a delay in the diagnosis of breast cancer of approximately one year. Plaintiff's expert oncologist opined that the tumor would have been a Stage 1 carcinoma of the left breast had it been diagnosed and that the Plaintiff would not have had metastatic disease to the axilliary lymph nodes at the time of diagnosis.


$500,000.00 Settlement
Medical Malpractice for Failure to Appropriately Interpret Mammography;
Failure to Detect Early Signs of Breast Cancer

Plaintiff died as a result of a delay in the diagnosis of breast cancer.

Plaintiffs successfully argued that the defendant radiologist incorrectly interpreted the mammogram of the deceased plaintiff.

The deviations on the part of the defendant radiologist lead to a delay in the diagnosis of breast cancer of approximately one year. It was plaintiff's expert opinion that had the tumor been diagnosed on the first scan then it would have been a stage I carcinoma of the left breast and the patient would not have had metastatic disease.


$450,000.00 settlement
for the medical malpractice of a radiologist who failed to properly interpret chest x-rays

The chest x-rays were interpreted as normal by the defendant radiologist, instead of correctly diagnosing a pleural effusion and therefore, additional medical testing was not ordered. As a result of the misread of the x-ray, the patient's deep vein thrombosis and pulmonary emboli were not diagnosed earlier and she died from a massive pulmonary embolism.


$425,000.00 SETTLEMENT
MEDICAL MALPRACTICE FOR FAILING TO APPROPRIATELY INTERPRET AN MRI
FOUR-YEAR DELAY IN DIAGNOSIS OF ACOUSTIC NEUROMA RESULTING IN RIGHT FACIAL NERVE PALSY

The plaintiff sought care from an ear, nose and throat specialist due to loss of hearing. The treating physician referred the plaintiff for an MRI to rule out the origin of his hearing loss as a tumor. An MRI of the internal acoustic meatus was ordered and interpreted as normal. The plaintiff's loss of hearing was considered to be idiopathic in nature. No further treatment was rendered until several years later, when the plaintiff presented with new symptoms, including sensation of numbness in his right upper face. This prompted the plaintiff to be sent for another MRI scan of the brain and internal auditory canals. This MRI study revealed a large mass of approximately 4 centimeters.

Plaintiff argued that had the acoustic neuroma been appropriately visualized and diagnosed by the MRI, it would have been less than 1 centimeter, and the likelihood of preserving the plaintiff's facial nerve function for a tumor of this size was extremely high. Due to the fact that the tumor had grown to greater than 4 centimeters, the likelihood of injury to the facial nerve, despite the attempts to preserve the facial nerve, were extremely high. It was plaintiff's position that the delay in diagnosis and the necessity of having to treat the tumor at a size of over 4 centimeters related to the damage to the plaintiff's facial nerve and resulting facial nerve palsy; if the tumor had been operated on when it first should have been identified, the probability of facial nerve preservation was much greater.

As a result of the right facial nerve palsy, the plaintiff suffers with multiple difficulties such as closing his right eye, tearing of the right eye, chewing foods, drinking fluids, facial disfigurement and right-sided facial discomfort.


Confidential Six-Figure Settlement 
FOR DELAY IN THE DIAGNOSIS OF LUPUS

44 year old male presented at his internist's office complaining of a tick bite. Blood work was performed including Lymes Disease test and the results revealed rhuemetological findings. The internist contended the he referred the patient to a rhuematologist and the patient denied that such a referral was ever made. As a result of the internist failing to properly interpret the blood work, and make the appropriate referral, the patient was not diagnosed with Lupus at an earlier time and developed kidney disfunction due to the delay.


Confidential Six-Figure Settlement
Medical Malpractice for failing to recognize a pulmonary embolus

Plaintiff died due to the negligence of a cardiologist in failing to perform necessary diagnostic tests with a suspicion of pulmonary embolus.

The deceased plaintiff was seen by an internist who noted that the patient had felt ill for a number of months and was also complaining of dyspnea (shortness of breath). The ECG was abnormal and was referred to a cardiologist. The deceased plaintiff was evaluated by the cardiologist and at the time, a history of intermittent fevers as well as one flight dyspnea was elicited. The deceased plaintiff was treated for a presumed urinary tract infection, although the urine culture ultimately failed to demonstrate any significant abnormality. The physician treating the deceased plaintiff commented that his "initial thought pattern raises the question of pulmonary embolus". Diagnostic studies were not performed due to the patient's lack of medical insurance.

At the time of this visit with the cardiologist, the deceased plaintiff was accompanied by her mother who had always and consistently paid her medical bills. There was never a discussion with the patient or the patient's mother regarding the performance of studies to rule out pulmonary embolus and there is no documentation in the chart that any such conversation took place. Had this diagnostic testing been discussed with the patient and her mother, her mother indicated that indeed they would have agreed to go forward with this testing.

Nine days later, the deceased plaintiff was transported to a hospital after suddenly loosing consciousness. The autopsy performed later that same day revealed thrombi within the inferior vena cava as well as massive bi-lateral pulmonary emboli.

It was the position of the plaintiffs that the cardiologist caring for the deceased plaintiff deviated from the accepted standard of medical practice. By his own admission, a pulmonary embolus was considered, but diagnostic studies were not performed due to the patient's lack of medical insurance. Under such circumstances, the standard of medical care demanded that the physician clearly present his concerns to the patient as well as the potential harm that might be incurred if a ventilation/perfusion scan was not obtained. If the patient then chose not to proceed with the recommended diagnostic studies, such refusal should have been documented in the medical record.

Had the patient undergone a V/Q lung scan, pulmonary emboli would almost certainly have been demonstrated. Prompt treatment with Heparin and ultimately Warfarin would in all likelihood have prevented the massive embolization which resulted in the patient's death.


Confidential Six-Figure Settlement
FOR FAILURE TO APPROPRIATELY TREAT BASAL CELL CARCINOMA WITH MOHS SURGERY

The Plaintiff presented to the unnamed Defendant dermatologist with a cystic scalp lesion. The tumor was excised and the Plaintiff was never told that the pathology results were consistent with basal cell carcinoma, morphea type. The Plaintiff returned to the physician's office with a lump at the site of the previous scalp surgery. This recurrent lesion was then re-excised and the Plaintiff was finally advised as to the pathological findings. The cancer was re-excised for the third time.

The Defendant dermatologist once again noticed a nodule at the previous cancerous site. The Defendant, having failed to remove this aggressive skin cancer on three previous attempts, undertook a fourth attempt. The Plaintiff finally underwent MOHS skin cancer surgery.

MOHS surgery is the treatment of choice for basal cell carcinoma, morphea type. Plaintiff should have been referred for MOHS surgery. By failing to refer the Plaintiff for MOHS surgery this Plaintiff had to undergo multiple surgical procedures. The Plaintiff had to undergo extensive surgery to remove the basal cell carcinoma in her scalp and it resulted in a large post-surgical defect. (depression in the scalp and numbness).


Confidential Six-Figure Settlement 
FOR WRONGFUL DEATH OF 66 YEAR OLD RETIRED MAN

A wrongful death action was recently settled on behalf of the estate of a deceased retiree for $225,000 as against a cardiologist and hospital. The case alleged improper cardiac monitoring in a known cardiac patient resulting in a massive heart attack and death.

A 66 year old man with prior history of myocardial infarctions presented to the emergency of defendant hospital with complaints of chest pain, shortness of breath and pain radiating down both arms. The patient was observed in the emergency department overnight. The next morning he was admitted to a regular room rather than the Cardiac Care Unit. Cardiac monitoring was not available in the room he was in. Over the course of the next few days, the patient experienced repeated bouts of chest pain. In addition, he experienced anginal pain during a stress test which was performed at a low level of exercise. The patient was kept in the room and not transferred to the CCU. Several days later the patient went into cardiac arrest, was transferred to the CCU and died.


Confidential Six-Figure Settlement Delay in diagnosis of breast cancer for one year three months.

Defendants: Gynecologist; Radiologist:

37 year old female presented to her gynecologist's office within one week of finding a lump on her right breast. The gynecologist referred her for a mammogram. The radiologists performed both a mammogram and sonogram and concluded that the lump was not malignant. The radiologist recommended clinical studies should the lump persist.

The plaintiff returned to the gynecologist's office several more times over the next few months still complaining about the presence of the lump. No biopsy was performed.

Twelve months later, the plaintiff on her own initiative returned to the radiologists' offices for a follow up mammogram. The radiologists concluded that the lump was not malignant. Three month's later, during plastic surgery, the lump was removed and biopsied. It was cancerous. The plaintiff underwent a partial mastectomy as well as chemotherapy and radiation.

Patient was diagnosed at stage one at the time of diagnosis and was doing well five (5) post diagnosis.


Settlement for seven figure confidential sum against two obstetricians for brain damaged baby as a result of the negligent use of a vacuum extractor during caesarean section at Hudson County, New Jersey hospital.

Our client went into the hospital to have a scheduled c-section. When the caesarean incision was made to deliver the baby, the obstetrician encountered scar tissue. Rather than carefully cut through the scar tissue, the obstetrician and his assistant decided to use a vacuum extractor, attach it to the baby's scalp to extract the baby through the incision. Unfortunately, the obstetrician placed the vacuum extractor cup on the wrong part of the baby's skull, and the incision was just too small and the baby's scull was fractured as it passed through the incision. The baby had massive bleeding in her bran and a bulging anterior fontanelle on her head. The baby ended up with severely diminished intelligence, ability to communicate, and ability to walk. It was expected that she would need care for the rest of her life. The two obstetricians that were in the emergency room each claimed that it was the other physician that did the c-section and used the vacuum extractor and that the other obstetrician was a liar. The case settled while jury selection was in progress.

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