Distracted Truck Driver Injures Motorist (2011)
Plaintiff was retired, traveling home to North Carolina after judging an antique car show in Kentucky. The plaintiff said he was clipped in the right rear corner of his car by the defendants’ tractor trailer, sending his car spinning out of control into the guardrail and concrete embankment on the right shoulder. Evidence would have shown the driver was checking his cell phone and following too closely when he collided with the plaintiff's vehicle.
Plaintiff suffered catastrophic injuries including fractured ribs, spine, collapsed lungs, fractured sternum, a degloving injury of the wrist and arm, fractures of the forearm. He survived, miraculously, requiring ongoing physical and occupational therapy that will continue indefinitely in either a long term care setting, or at home with 24 hour a day nursing care.
After mediation, the case was resolved for $2,500,000.
Veterans Affairs Medical Negligence Results in Preventable Stroke (2011)
The plaintiff was a patient at the Department of Veterans Affairs Coumadin Clinic, receiving 20-30mg of Coumadin every day to keep his INR in therapeutic range. Notwithstanding, when he was admitted to the VA his treating physician (a resident) decreased his dose to only 5mg. Plaintiff alleged the physician wholly failed to consult the VA records which reflected the patient’s long history of Coumadin resistance and current 20-30mg a day dose.
Unfortunately, as the patient did not receive the therapeutic levels of Coumadin while inpatient at the VA, he suffered a stroke a few days after his VA discharge on June 4, 2010. As a result of the stroke, he was airlifted to a local level 1 trauma center where he received emergency treatment. In addition, and as a result of the stroke he was forced to undergo months of therapy. He requires continued assistance with activities of daily living, and is at now at greater risk for future stroke.
The case was settled for $275,000 prior to service.
Virginia Hospital Malpractice (2011):
The plaintiff went to a Virginia hospital for treatment. He required supplemental Oxygen at home. Plaintiff's evidence would have been that the nursing staff failed to use the pulse oxygen timing equipment available in the hospital to monitor the patient. Sometime during the night, it appears he removed the oxygen and died. Staff was unaware of its removal because equipment had not been used.
The case was settled for confidential amount.
Virginia Hospital Negligence (2011):
The plaintiff, a gentlemen in his late 60's, went to a Virginia hospital for treatment for low blood sugar. Plaintiff's evidence would have been that the nursing staff failed to communicate patient's blood sugar levels to the physician and that as a result, he did not receive proper insulin. As a result, sometime during the night, it appears the patient suffered brain injury, and died a few weeks late.
Case was settled for confidential amount.
Pressure Ulcer Hospital Negligence (2011):
The plaintiff, a woman in her 60's, went to a Virginia hospital for surgical care. She was accidently left on a bed pan and nursing staff realized she had developed a stage III pressure ulcer on her sacrum. Plaintiff alleged the hospital was negligent for failing to turn, provide pressure, leaving her on the bed pan, etc. She required additional wound care, home health care and therapy for months.
The case settled months before trial was scheduled in 2011.
Emergency Room Error Leads to Above-the-Knee Amputation (2010):
A mother and wife, in her 60's, went to the emergency room complaining of pain in her right leg and right knee. Plaintiff advised the defendant physician of her history of deep vein thrombosis, pulmonary embolism, diabetes, hypertension, hypokalemia, asthma, Greenfield filter placement, right knee replacement surgery, among other medical conditions and surgical history. Most significantly, the patient was taking coumadin and had an INR of 5.0 in the ED. Despite her signs and symptoms, she was diagnosed as having joint effusion and sent home on pain killers.
Forty-eight hours later, she returned to the ED with numbness and excruciating pain in her right knee and calf. Plaintiff described the pain as throbbing and on a scale of 10, rated the pain a 10. A surgical consult revealed the patient lacked sensation in her foot, non-dopplerable dorsalis pedis pulse and was unable to dorsiflex or plantarflex her right foot. Because so much muscle and soft tissue had died because of the delay in diagnosis, patient had to undergo an above the knee amputation.
The case settled for $890,000.
Failure to Communicate Leads to Mother's Death (2010):
A married young mother of two children, age 37, went to her physician for an annual physical. A pap smear revealed HPV and abnormal cells. The physician ordered a Cone Biopsy be performed within the month. The pathology report from the biopsy revealed adenoid cystic carcinoma or cervical cancer. Despite this finding, physician failed to report severity of the pathology report but advised the patient and her family to undergo a hysterectomy. Patient did not go through with the hysterectomy. Nine months later she began to experience abdominal "bloating" and sought medical care from her primary care doctor (another physician), who diagnosed the presence of a pelvic mass. The primary care physician immediately sent the patient to a nearby hospital for a CT scan, the results of which revealed a 14-cm mass within the patient's pelvis, as well as masses throughout the liver consistent with liver metastasis likely related to the pelvic mass.
The decedent was immediately referred to the Wake Forest University Baptist Medical Center for a surgical oncology consult. However, surgery was not a treatment option due to the metastatic nature of the cancer. Chemotherapy treatments were started but the patient died within 30 days of arriving at Baptist Medical Center due to complications from her metastatic cervical cancer. The Administrator of the decedent's estate filed suit and alleged the defendant physician was negligent in failing to correctly report the results of the biopsy, which would have allowed the decedent the opportunity to treat her cancer. The plaintiff was prepared to present expert testimony that the decedent had a 5 year survival rate of 75% had she received appropriate and timely treatment for her cervical cancer.
The case settled during mediation for $1.4 million dollars.
Pressure Ulcer Hospital Negligence (2010):
The plaintiff, a woman in her 60's, went to a Virginia hospital for surgical care. Three days after surgery the nursing staff realized she had developed a stage III pressure ulcer on her sacrum. Plaintiff alleged the hospital was negligent for failing to turn, provide pressure relief, examine her skin and provide wound care, despite the fact the plaintiff was a known risk for wound development. She required additional hospitalization, home health care, wound vac and additional wound care for many months.
The case settled months before trial was scheduled in 2010.