NOTABLE CASES
The cases represented here are some of the outstanding results obtained for Clients our Attorneys have represented. These recoveries include Settlements Before Trial, Settlements During Trials, Jury Verdicts, and Settlements After Trial or Appeal. We always respect and seek to protect the privacy of our clients. Although many of these cases have been reported by the media, including television news programs, newspaper articles, jury verdict reporters, and numerous legal publications, we continue to protect the privacy of our clients personal identification. In addition several of the cases identified are Settlements which have confidentiality agreements protecting the identity of the parties involved or the amount of the recovery if the parties are identified. All cases are different and the amount of any compensatory recovery depends on numerous factors specific to each case, and the parties involved. The recoveries in the identified cases are not intended to reflect the value of your potential case or to provide any expectations of similar results for any other potential claim.
Motor Vehicle Crash/Anterior Cervical Fusion $440,000
Broward County, FL
The Client was a 53 year old female, married with adult children, who drove her vehicle into a shopping center parking lot when Defendant 1 coming from her left, ran a stop sign and crossed her path without contact. She emergently applied the brake stopping her vehicle and avoiding impact with that vehicle. She was then struck from the rear by a vehicle driven by Defendant 2, which was entering the parking lot behind her, causing her severe pain in her neck. After a year of conservative orthopedic treatment she underwent an Anterior Cervical Fusion at C-4 which allowed decreased pain and increased range of motion. The client was a realtor and had no provable loss of earnings due to the downturn in the market. The suit was filed against both drivers, who were insured by the same insurance company, which resulted in a tender of both their policy limits of $100,000 each. Thereafter an Underinsured Motorist Claim was brought against the Clients insurance company for coverage of an additional $250,000, and the UIM Claim was settled for $240,000.
Settlements for Policy Limits and UIM Setttlement at Mediation
Medical Malpractice/Failure to Diagnose Breast Cancer $700,000.00
Palm Beach County FL
A 58 year old woman had yearly mammograms for over ten years. Her mammogram was interpreted as normal by the Defendant Radiologist even though it showed an early cancer that was potentially curable. Her cancer grew and was not discovered until one year later and had spread throughout her body. Despite aggressive chemotherapy and radiation, she tragically died, leaving a husband and two daughters. The Radiologist and his Radiology Group attempted to avoid responsibility for their negligence by failing to continue their Malpractice Insurance coverage. A Wrongful Death Lawsuit was filed on behalf of the Decendent’s family against the uninsured Radiologist and his uninsured Radiology Group. A Settlement was reached and the Defendants obtained bank loans to pay the entire settlement.
Settlement at Mediation
Medical Malpractice /HMO / Brain Damaged Baby $7,600,000
Broward County, FL
An Ob-Gyn Physician under an HMO plan failed to timely deliver baby in fetal distress resulting in brain damage with motor and cognitive impairments. The lawsuit was brought against the OB/Gyn, the HMO, and the Hospital, which was a public hospital with a sovereign immunity cap on damages. The case settled before trial at Mediation with contributions of $6.8 from the HMO, $200,000 from the uninsured OB/GYN, and $ 600,000 from the Hospital with Sovereign Immunity which was collected by the filing of a Legislative ClaimsBill.
Settlement at Mediation/Partial Recovery by Legislative Claims Bill
Medical Malpractice/Failure to Refer(Colon Cancer) $Confidential
Broward County, FL
Settlements for Policy Limits and UIM Setttlement at Mediation
Medical Malpractice/Failure to Diagnose Breast Cancer $700,000.00
Palm Beach County FL
A 58 year old woman had yearly mammograms for over ten years. Her mammogram was interpreted as normal by the Defendant Radiologist even though it showed an early cancer that was potentially curable. Her cancer grew and was not discovered until one year later and had spread throughout her body. Despite aggressive chemotherapy and radiation, she tragically died, leaving a husband and two daughters. The Radiologist and his Radiology Group attempted to avoid responsibility for their negligence by failing to continue their Malpractice Insurance coverage. A Wrongful Death Lawsuit was filed on behalf of the Decendent’s family against the uninsured Radiologist and his uninsured Radiology Group. A Settlement was reached and the Defendants obtained bank loans to pay the entire settlement.
Settlement at Mediation
Medical Malpractice /HMO / Brain Damaged Baby $7,600,000
Broward County, FL
An Ob-Gyn Physician under an HMO plan failed to timely deliver baby in fetal distress resulting in brain damage with motor and cognitive impairments. The lawsuit was brought against the OB/Gyn, the HMO, and the Hospital, which was a public hospital with a sovereign immunity cap on damages. The case settled before trial at Mediation with contributions of $6.8 from the HMO, $200,000 from the uninsured OB/GYN, and $ 600,000 from the Hospital with Sovereign Immunity which was collected by the filing of a Legislative ClaimsBill.
Settlement at Mediation/Partial Recovery by Legislative Claims Bill
Medical Malpractice/Failure to Refer(Colon Cancer) $Confidential
Broward County, FL
A married man in his early fifties began expeiencing abdominal pain and a bulge in his upper abdomen. He sought evaluation from a primary care physician, who advised the bulge was a hernia, but failed to refer him for consultation with a specialist. He further failed to refer him for a screening Colonoscopy since he was over 50 and never had the study previously performed. After obtaining bloodwork which revealed high cholesterol and finding mild hypertension on exam, the physician began treatment and monitoring of those conditions. During the next year at several office visits, the man continued to complain of the abdominal pain and the growing bulge in his abdomen. The physician never referred him for further evaluation. As the pain increased he went to the Emergency Room of a local hospital and a Abdominal CT Scan revealed a cancerous tumor in his colon which had significantly grown and metastasized during the prior year. After extensive treatment and surgery the man ultimately died from the cancer. The Wrongful Death Claim was filed on behalf of the Spouse against the physician. The case was settled for the physicians’ policy limits after the conclusion of the Presuit Period.
Settlement for Policy Limits after Presuit
Settlement for Policy Limits after Presuit
Motorcycle / Motor Vehicle Crash $1,200,000
Sebring, FL
The Client was a motorcycle driver who was riding down a rural highway when a flat bed truck owned by a local lumber company turned in front of him violating his right of way. The Client layed down the motorcycle sliding to avoid direct impact with truck. The sliding motorcycle with the Client came to rest impacting into the truck wheels, resulting in paralysis of his lower extremities.
Settlement for Policy Limits
Motor Vehicle Rollover/C-1 Cervical Stable Fracture $490,000
Duval County, FL
The Client was a 22 year old single female from Pennsylvania who was a recent college graduate. She had not yet begun any career employment. She was traveling on vacation in Florida with her boyfriend, when the vehicle in which she was a passenger was sideswiped by Defendant 1 on an exit ramp of I-95 causing her boyfriend Defendant 2 to lose control and the vehicle rolled over in the grassy area around the exit ramp. The Client was wearing a seatbelt and was diagnosed with a stable fracture of the C-1 vertebrae. She was released from the hospital and returned to her family home in Pennsylvania. She suffered a delayed union of the fracture which ultimately healed, and she had no functional losses from the injury. With extensive physical therapy and injections into the cervical muscles her pain and spasms reduced significantly and she was able to begin full time employment with no loss of future earning capacity. The claim was brought against both vehicle drivers, resulting in the tender of the $50,000 policy limits of Defendant 1, and the $20,000 policy limits of Defendant 2. In addition, the $20,000 Underinsured Motorist Coverage policy limits of Defendant 2 were also obtained since the Client was a passenger in the vehicle. Thereafter, an Underinsured Motorist Claim was brought against the Clients own insurance company with policy limits of $400,000 (by stacking all family vehicles) which was ultimately tendered as well.
Settlements for Policy Limits and UIM Settlements for Policy Limits
Air Crash / Mid-Air Collision- Student Pilot $Confidential
Broward County, FL
A young single man from Brasil was in the U.S. studying to be a pilot at a local flight school. He was flying a training flight for his instrument rating with an instructor, when the aircraft was involved in a mid-air collision with another aircraft. The other aircraft was piloted by another student pilot, with an instructor from another flight school. As a result of the mid-air collision, the young man’s aircraft crashed and the young man and his instructor were both killed. The Wrongful Death Claim was brought on behalf of the decedents’ family in Brasil against the Instructor and the Flight School, as well as the Student Pilot, Instructor and Flight School of the other aircraft. The Wrongful Death Claim was Settled for all available Policy Limits.
Settlement for Policy Limits
Air Crash / Mid-Air Collision-Instructor $Confidential
Broward County, FL
A young single man from Brasil was in the U.S. studying to be a commercial pilot at a local flight school, and was working as a flight training instructor at a local flight school. He was the instructor flying with a student on a training flight when the aircraft was involved in a mid-air collision with another aircraft. The other aircraft was piloted by another student pilot, with an instructor from another flight school. As a result of the mid-air collision, the aircraft with the Iinstructor and Student crashed and both were killed. The Clients had initially retained another large South Florida Lawfirm for representation, however that firm failed to open the Estate and proceed with the case timely, and with just months remaining on the two year Statute of Limitations discharged the Lawfirm and retained Richard J. Roselli, Esq.. The Estate was opened and the Wrongful Death Claim was brought on behalf of the decedents’ family in Brasil, against the Student Pilot, Instructor and Flight School of the other aircraft. The Wrongful Death Claim was Settled for all available Policy Limits.
Settlement for Policy Limits
Bicycle / Motor Vehicle Crash $1,100,000
Broward County, FL
The Client was a single young unemployed man who was recently discharged from the military who was riding a bicycle at night when he was struck by a car driven by an off duty Deputy Sheriff. He suffered multiple fractures with a minor closed head injury resulting in memory loss and neuropsychological symptoms. Although the defendant’s insurance company attempted to timely tender the policy limits of their insured, it was not accepted and the case went to trial resulting in a jury verdict of $2.17 Million, reduced by comparative negligence to $1.1 Million. The verdict was substantially in excess of the Defendants liability insurance policy limits. The Defendant post trial filed a legal malpractice claim against his defense attorney assigned by his insurance company, and obtained the policy limits of his defense attorney’s legal malpractice insurance by settlement, which was assigned to the injured Client in payment of the outstanding judgement from the excess jury verdict.
Jury Verdict - Excess Judgement
Medical Malpractice/ Misdiagnosis Aortic Aneurysm $1,000,000
Palm Beach County, FLA
The client was a man suffering chest and upper abdominal pain was evaluated by his physician who failed to properly examine him and failed to perform appropriate diagnostic studies. The Client was suffering from an acute Dissecting Aortic Aneurysm which the physician failed to diagnose causing the delay of necessary surgery and resulted in his death. The Wrongful Death Claim was filed on behalf of the Decedent’s Family.
Settlement for Policy Limit
Medical Malpractice/Patient Dropped InTherapy $400,000.00
Palm Beach County FL
The Client was a middle age woman suffering with knee pain when walking who was admitted to a local Hospital for a total knee replacement. Although the Surgery was successful, on the day following surgery the physical therapist employed by the hospital negligently failed to properly assist her getting out of bed. The Client fell to the floor and damaged the knee replacement. After subsequent surgeries to remedy the damage, she still suffered from knee pain and difficulty walking. A lawsuit was filed on her behalf against the Physical Therapist and the Hospital. In addition to the Settlement recovery, the Hospital agreed to pay all remaining medical bills owed by our client relating to her injury.
Settlement after Mediation just days before Trial
Medical Malpractice / Laboratory Error $7,600,000
Palm Beach County, FL
Married Client suffering from esophageal reflux sought evaluation and underwent a biopsy of his esophagus. The Outpatient Lab mislabeled the Clients biopsy slide with the biopsy of another patient which resulted in misdiagnosis of his condition as Barretts Esophagus Syndrome which required the unnecessary surgical removal of the Clients entire esophagus.
Settlement
Medical Malpractice / Orthopedic Negligence $950,000
Broward County, FL
The Client was working as a clerk in an adult bookstore when he fell off a stool at the salescounter, and suffered a severe fracture of his femur bone in the upper leg. The Orthopedic Surgeon who performed surgery on the leg failed to properly monitor the fracture post-operatively, which resulted in non-union of the fracture. The Client had to undergo a second surgery with the insertion orthopedic stabilization hardware.
Settlement During Malpractice Presuit Period
Medical Malpractice/Death of Baby/Altered Records $1,300,000
Broward County, FL
The Client was young woman who was delivering a baby at a local Hospital. The labor and delivery nurses, and the obstetrician failed to properly monitor the delivery when the baby was in distress, which as a result of the delay in performing an emergency C-Section the baby became cyanotic and died after delivery. It was also discovered that the delivery nurse altered the medical records relating to the labor and delivery. The Wrongful Death Claim was filed on behalf of the Decedent’s Family.
Settlement
Premises Liability / Fire & No Smoke Alarm $2,500,000
Broward County, FL
A family that was living in a rental apartment had a fire in the premises. As a result of the building owner failing to have a working Smoke Alarm in the apartment, the family’s youngest child, a baby, died. The Wrongful Death Claim was filed on behalf of the family.
Jury Verdict
Medical Malpractice/ Improper Spinal Immobilization $800,000
Magnolia, AR
The Client was in an auto accident, and as a result of not wearing his seatbelt was ejected from the vehicle suffering spinal injury. At a local Hospital Emergency Room he was improperly evaluated and immobilized resulting in increasing spinal cord swelling causing partial paralysis. Client recovered from paralysis with remaining disability.
Settlement at Mediation
Jury Verdict
Medical Malpractice/ Improper Spinal Immobilization $800,000
Magnolia, AR
The Client was in an auto accident, and as a result of not wearing his seatbelt was ejected from the vehicle suffering spinal injury. At a local Hospital Emergency Room he was improperly evaluated and immobilized resulting in increasing spinal cord swelling causing partial paralysis. Client recovered from paralysis with remaining disability.
Settlement at Mediation
Medical Malpractice / Misdiagnosis of Cancer $1,000,000
Broward County, FL
A fifty five year old woman suffered with post menopausal bleeding for over four years, had reported this condition repeatedly to her family physician. The Family Physician ordered no testing and made no diagnosis until finally referring her for a gynecological consult. The Gynecologist performed appropriate diagnostic studies which ultimately provided the diagnosis of Uterine and Cervical Cancer. The cancer had grown and progressed over the prior several years without diagnosis and treatment, and had metastasized to other areas of her body. When finally diagnosed it was too advanced for treatment, and she died from the cancer. The Wrongful Death Claim was filed on behalf of the Decedent’s Family.
Settlement for Policy Limits
Medical Malpractice / Spinal Cord Injury $8,900,000
St. Petersburg, FL
Client was a man who suffered a severe neck injury during a Masonic initiation. The Paramedics who responded to the emergency call failed to recognize the severity of his injury and he was improperly immobilized. He was transported to a local Hospital Emergency Room where both in the Emergency Room and after admission he was not properly evaluated and treated further worsening his spinal cord injury resulting in his becoming quadriplegic.
Settlement
Settlement for Policy Limits
Medical Malpractice / Spinal Cord Injury $8,900,000
St. Petersburg, FL
Client was a man who suffered a severe neck injury during a Masonic initiation. The Paramedics who responded to the emergency call failed to recognize the severity of his injury and he was improperly immobilized. He was transported to a local Hospital Emergency Room where both in the Emergency Room and after admission he was not properly evaluated and treated further worsening his spinal cord injury resulting in his becoming quadriplegic.
Settlement
Product Liability / Negligence $1,360,000
Broward County, FL
Client who was working for military contractor fell off truck liftgate when it began unexpectedly lowering. As a result of the fall he suffered fractured skull resulting in headaches, neuropsychological symptoms and personality changes. Product liability claim brought against Navy coordinator of the project who accidentally stepped on liftgate lever, liftgate manufacturer and the vehicle rental company. The jury found the Navy coordinator to be negligent, and the verdict greatly exceeded his insurance coverage. The liability insurance company recognized they were in Bad Faith by failing to settle before trial and paid the entire verdict post trial.
Jury Verdict Excess Judgement
Medical Malpractice / Federal EMTALA $3,800,000
Moultrie, GA
Young single male suffering a spinal injury and was taken to the Defendant Hospital’s Emergency Room. As a result of having no health insurance, the client was discharged without being appropriately evaluated and treated, and was not in a stable condition at discharge. As a result of the delay in necessary treatment he suffered paralysis. A Federal EMTALA claim was brought in the lawsuit against the hospital for discharging the client in an unstable condition.
Settlement at Mediation
Motorcycle / Motor Vehicle Crash $1,100,000
Broward County, FL
The Client was a methodone addict who was on probation in a work release program. He was riding a motorcycle and on his way to work when his motorcycle was stuck by a car making left turn intoa parking lot driveway. In the crash his leg was crushed by a direct impact and resulting in his requiring a below knee leg amputation. The lawsuit was filed against the auto driver, who was on his way to work, and his employer. The case settled before trial after we were able to prove the motor vehicle driver was on his cell phone on a work related call at the time of the accident.
Settlement for Policy Limits
Medical Malpractice / Medication Overdose $1,000,000
Palm Beach County, FL
The Client who had undergone a prior kidney transplant, was prescribed a cholesterol medication by his physician which was contraindicated and in an improper and excessive dosage. The prescribed medication interacted with necessary medication he was taking for his kidney transplant, and consequently caused muscular atrophy of his lower extremities.
Settlement for Policy Limits
Medical Malpractice / Negligent Spinal Surgery $Confidential
Palm Beach County, FL
Client had suffered a work injury to his neck and was progressing well with conservative treatment. He was referred for evaluation to a Neurosurgeon by the workers compensation carrier. The Neurosurgeon following evaluation, recommended and performed surgery at a local Hospital to multiple levels of his cervical spine. The procedures included laminectomies and foraminotomies at C 3-4, C-4-5, C 5-6, and C 6-7. The Client was cleared for surgery by a Consulting Physician, although the Client was suffering from uncontrolled hypertension. Postoperatively the client had complications resulting from his hypertension which as a result caused him to suffer paralysis. The Client should not have been cleared for the surgery and was at risk due to his uncontrolled hypertension, and further, the surgery performed was not clinically indicated.
Settlement at Mediation
Motor Vehicle Crash / UM / Seizures $1,400,000
Broward County, FL
Client was in a motor vehicle crash with an uninsured motorist, and as a result of the crash suffered seizures. The defense claimed the client was not having true seizures but was faking or having psuedo-seizures. The jury believed the expert medical witnesses presented on behalf of the plaintiff and returned a substantial verdict for the plaintiff.
Jury Verdict
Medical Malpractice / Negligent Spinal Surgery $ Confidential
Dade County, FL
A forty-two year old man working on an engineering project in Haiti, suffered severe back pain and was airlifted to a Miami Hospital. He was under the care of a Neurosurgeon, who was a Professor at a local Medical School, and his Residents in training. On MRI he had a herniated disc, and the Neurosurgeon with the Residents performed by microsurgery a hemilaminectomy, foraminotomy, and removal of disc fragments. Surgical complications occurred with a bone fragment piercing the dura of the spinal cord causing a cerebral spinal fluid leak. During the surgery the bone fragment was removed and the dural tear sutured. The Neurosurgeon then tested the closure of the dural tear by injecting a chemical (which was neurotoxic) into the dural space to see if it leaked out, and then irrigated the surgical area with an excessive amount of antibiotic liquid (also neurotoxic). As a result the Client suffered postoperative complications which were ultimately diagnosed as Arachnoiditis and Cauda Equina Syndrome. The Client was never advised of the complication. The Neurosurgeon reported the complication in the original Operative Report, but before the Client was discharged, the Neurosurgeon removed the original Operative Report from the hospital chart and replaced it with another Operative Report he personally typed removing all reference to the complication. The Neurosurgeon was unaware that the hospital had already provided the client a copy of the hospital records to give the doctors providing further care in his home State. During investigation of the case the false duplicate operative report was discovered. After a Motion was filed to allow a Claim for Punitive Damages, the case was settled by the Defendants.
Settlement
Motor Vehicle Crash / Passenger $1,000,000
Broward County, FL
The Client was a 12 year old girl riding as a passenger in a vehicle which rearended another vehicle stopped at a turnpike toll booth. She was wearing a seatbelt however as a result of the impact, she suffered multiple fractures to her thoracic vertebrae. The defendant claimed brake failure. We bought the vehicle from the Defendants insurance company and had engineering experts test the vehicle’s brake’s and determined there was no brake failure, but the drivers negligence caused the crash. The Client did not require surgery and eventually returned to school and activities.
Settlement for Policy Limits
Medical Malpractice/ Misdiagnosis of DVT $Confidential
Palm Beach County, FL
A Woman underwent gynecological surgery with plastic surgery abdominal repair at closure. After the surgery she was not prescribed the medication, Heparin, or compression stockings to protect against the development of Deep Vein Thrombosis. During the days following the procedure she began developing increasing leg pain which she reported to both the Plastic Surgeon, and her Gynecologist. Neither evaluated her or performed any diagnostic studies for Deep Vein Thrombosis, which is a recognized post-operative complication of surgery. Instead she was referred by her Gynecologist to see a Podiatrist, who also failed to consider or evaluate her for Deep Vein Thrombosis. She failed to be diagnosed and treated for the Deep Vein Thrombosis which resulted in her developing a pulmonary emboli which caused her death. The Wrongful Death Lawsuit was filed on behalf of the Decedent’s Family against the Gynecologist, the Plastic Surgeon and the Podiatrist.
Settlement
Chiropractic Malpractice / Misread X-Ray (Cancer) $2,700,000
Broward County, FL
A Wife and Mother was suffering from back pain a went to a Chiropractor who performed a lumbar X-ray which also showed the lower thoracic vertebrae. The Chiropractor interpreted the x-ray and performed a physical exam from which he diagnosed a lumbar sprain and undertook treatment with physical therapy and manipulation. The x-ray was mis-interpreted by the Chiropractor with his missing a clearly visible pathological compression fracture of the T-12 vertebrae. She had treatment for several weeks however her pain was increasing. She sought the help of a Second Chiropractor who also proceeded with therapy and manipulation to her lumbar spine. During the treatment with the Second Chiropractor over two weeks, including making house calls, she became progressively worse, with bowel and bladder incontinence, and paralysis of her legs. Neither Chiropractor ever referred her for further consultation to an Orthopedic Surgeon or Neurosurgeon, or for further diagnostic studies. She was finally taken by her husband to the Emergency Room of a local Hospital, where after diagnostic studies she was diagnosed with Metastatic Cancer of her spine, causing spinal compression at T-12, although at a stage beyond the point where surgical intervention or treatment could be effective. The Client had bone extensive cancer in her thoracic vertebrae which recurred from prior breast cancer, and she died just a few weeks after the Settlement.
Settlement at Mediation in Excess of Policy Limits
Medical Malpractice / Death during C-Section $1,700,000
Broward County, FL
A young mother during childbirth of a healthy newborn, suffered an asthma attack while undergoing a C-Section. As a result of the failure of the medical team to properly respond emergently resulted in her death. The defense alleged death was as result of an amniotic fluid embolism. The Wrongful Death Claim was filed on behalf of the Decedent’s Family.
Settlement during Trial with Hospital, and Policy Limits of OB/GYN
Medical Malpractice / Misdiagnosis Dissected Aorta $1,000,000
Palm Beach County, FL
A Husband and Father died following a misdiagnosis of a dissected aorta by a physician resulting in the delay of necessary surgery. The Wrongful Death Claim was filed on behalf of the decedent’s Family.
Settlement for Policy Limits
Pedestrian / MotorVehicle / Paramedic Malpractice $1,600,000
Broward County, FL
The Client was an 8 year old boy who ran in front of a car on a bridge and was struck suffering a head injury. The defense alleged the child darted out and the driver had no time for evasive maneuver. A claim was also brought against the paramedics responding to the call for failing to properly evaluate and treat the Client which caused a delay in treatment of the brain injury suffered.
Settlement for Policy Limits with Driver, and with Emergency Medical Services
Medical Malpractice / Forceps Birth Injury $2,750,000
Broward County, FL
The Client was an infant that suffered injury during delivery when the Obstetrician improperly used forceps to pull the baby from the birth canal, which caused a skull fracture and a resulting brain injury. The Obstetrician was an Asst. Professor at a local medical school who moved from the area after the incident, and the Hospital was a public hospital which had Sovereign Immunity.
Settlement
Medical Malpractice/ Medication Error $Confidential
Martin County, FL
A seven year old boy had surgery in a local hospital to remove a bebign tumor from his ear. During the procedure, a syringe of epinephrine in an extremely high dose intended for topical use only, was mixed up with a syringe of lidocaine. The topical dose of epinephrine was injected into him causing cardiac arrest and after an hour and a half of resusitation efforts he was pronounced dead from the medication overdose. The hospital stepped forward within weeks of the tragedy and admitted their error responsibility, and immediately entered into settlement negotiations which concluded with a significant Confidential Settlement for the family. The case was reported and featured in the New York Times Sunday Magazine, Florida Sunday Magazine, National News Programs, and was the lead case in the book “To Err is Human” published by the Institute of Medicine in Washington, D.C.
Settlement three weeks after incident
Medical Malpractice /Tonsil Surgery-Brain Damage $2,500,000
Colquitt, GA
The Client was admitted to a local Community hospital to undergo elective surgery for the removal of his tonsils. The surgery was performed by an ENT Surgeon and he suffered anoxic brain damage.
Settlement
Medical Malpractice / Misread X-ray (Cancer) $ 1,100,000
Broward County, FL
The Client was a single man who sought evaluation at a local public Hospital Emergency Room, for hip pain and was told he a muscle strain. The Radiologist misread the x-ray which showed he had a cancerous tumor in his pelvis. The delay in diagnosis and timely surgical intervention resulted in his consequently undergoing a leg amputation at the hip. Settlement was reached with the Radiologist, with insurance coverage through his Radiology Group, and the Hospital which had Sovereign Immunity.
Settlement for Policy Limits, and Sovereign Immunity Damages Cap
Settlement
Medical Malpractice / Misread X-ray (Cancer) $ 1,100,000
Broward County, FL
The Client was a single man who sought evaluation at a local public Hospital Emergency Room, for hip pain and was told he a muscle strain. The Radiologist misread the x-ray which showed he had a cancerous tumor in his pelvis. The delay in diagnosis and timely surgical intervention resulted in his consequently undergoing a leg amputation at the hip. Settlement was reached with the Radiologist, with insurance coverage through his Radiology Group, and the Hospital which had Sovereign Immunity.
Settlement for Policy Limits, and Sovereign Immunity Damages Cap
Motor Vehicle Crash / Drunk Driver $Confidential
Broward County, FL
Young female college graduate who was accepted to start law school, was out celebrating with friends at several bars the night before she was to leave for law school. After a night of drinking, she and her boyfriend were both intoxicated when she rode as a passenger in his vehicle. Her boyfriend made a u-turn on major roadway and their vehicle was struck by a vehicle driven by another intoxicated driver. The Client was killed on impact. The Wrongful Death claim was filed on behalf of her parents who were living in Saudi Arabia, against both drivers, and the corporation owned by the boyfriends father which owned the car.
Settlement at Mediation
Medical Malpractice / Liver Biopsy Bleed $1,400,000
Broward County, FL
A woman was admitted by an orthopedic surgeon to a local hospital for a minor procedure to her foot. During the pre-operative evaluation it was determined that she had a history of coughing up blood, primary pulmonary hypertension, and a bleeding disorder. The internal medicine consultant order a liver biopsy which when performed caused extensive bleeding from the liver which could not be controlled resulting in her death. The Wrongful Death Claim was filed on behalf of the family.
Settlement at Mediation
Dental Malpractice / Failed to Extract Tooth $300,000
Broward County, FL
The Client was a teenage boy who was undergoing orthodontics, was referred to his dentist for evaluation of an ankylosed tooth. The dentist failed to extract the ankylosed tooth to allow the orthodontics to progress appropriately. As a result of the failure of the orthodontics he had to undergo the necessity of maxillofacial surgery to correct the problems caused by the orthodontics.
Settlement
Medical Malpractice / Misread IVP (Cancer) $1,000,000
Palm Beach County, FL
A man who went to the emergency room of a local hospital in severe pain for what was thought to be a kidney stone. An Intravenous Pyelogram (IVP) diagnostic study was performed which was misread by the radiologist. There was evidence of Chondrosarcoma cancer on the film that went undiagnosed and untreated as a result of the misread study, which resulted in the Client’s death. The Wrongful Death Claim was filed on behalf of the decedent’s family.
Settlement for Policy Limits
Motor Vehicle Crash / Passenger $800,000
Broward County, FL
The Client was bodybuilder who was a front seat passenger wearing a seatbelt in a rental car driven by a friend. The vehicle was involved in a collision when it rearended another vehicle, causing the Client to suffer orthopedic cervical and lumbar injuries. After extensive physical therapy he was still unable to return to bodybuilding. He had owned a gym in the past as well as a workout clothing line. His damages were presented by several Experts retained to testify as to the loss of the ability to utilize his bodybuilding career as a stepping stone to develop and market gyms and exercise equipment, workout clothes design and sales, modeling, Professional Wrestling, and acting.
Settlement at Mediation
Medical Malpractice / Surgical Negligence $1,400,000
Broward County, FL
A Husband and Father with Crohn’s disease on longterm steroid therapy developed a small bowel obstruction and underwent surgery by a General Surgeon. During the procedure a section of his small bowel was removed, and the sections of bowel were reconnected with sutures by a side to side anastomosis. Postoperatively he suffered excruciating pain, and a significantly elevated white blood count with a left shift in the differential indicative of an infectious process. On the fourth day after surgery he died as a result of the defect in the anastomosis allowing fecal matter to leak into his abdomen. He developed sepsis and peritonitis which went undiagnosed and untreated, causing his death in the hospital just four days after the surgery. The Wrongful Death Claim was filed against the Surgeon, the Attending Physicians, and the Hospital, on behalf of the decedent’s family.
Settlement at Mediation
Medical Malpractice / Retained Instrument $800,000
Washington, D.C.
The Client was Government Agent who underwent arthroscopic knee surgery at a prominent Medical School Hospital in Washington D.C.. During the surgery a scalpel blade broke leaving a small piece of the broken blade retained in his knee. The retained broken scalpel blade was discovered on subsequent knee x- ray by another orthopedic surgeon several months later, which thereafter was surgically removed..
Settlement After Mediation
Medical Malpractice/ Retained Sponge $500,000
Broward County, FL
The Client was undergoing C-Section and during after the delivery of her healthy newborn daughter, the abdomen was closed leaving a 4 x 4 gauze laparotomy sponge inside her. The sponge was discovered on an x-ray taken almost one year later when she sought treatment for abdominal pain/ The client consequently required to undergo surgery to remove the retained sponge and the section of her bowel to which the gauze pad was adhered..
Settlement
Medical Malpractice / Wrong Level Spinal Surgery $2,000,000
Palm Beach County, FL
The Client underwent spinal fusion surgery by a Neurosurgeon at a local Hospital who performed the surgery at the wrong vertebral level as a result of misreading the x-ray and MRI films. The surgery had to be performed again to extend the spinal fusion to the correct vertebral level.
Settlement
Medical Malpractice / Negligent Lumbar Surgery $500,000
Dade County, FL
The Client was a woman who underwent lumbar surgery for spinal stenosis by an Orthopedic Surgeon. Post-operatively she developed increased pain radiating down her legs. It was alleged that a different surgical procedure should have been performed. The Client as a result of the surgery suffered a worsening of her spinal condition with increased pain. The Client was afraid to have further corrective surgery.
Settlement at Mediation
Pharmacy Negligence / Medication Error $3,500,000
Broward County, FL
A Teenage Boy was provided the wrong medication by the pharmacy department of a major drugstore chain that resulted in his death. The Wrongful Death Claim was filed on behalf of of his surviving parents.
Settlement
Medical Malpractice / Misdiagnosis of Spinal Injury $Confidential
Port Charlotte, FL
Female Client with cervical spine degeneration and spinal stenosis was admitted to a local hospital and was scheduled for spinal surgery. Two days prior to surgery while in the bathroom she fell to the floor which caused increased neck pain and neurological symptoms which were significantly worsening with severe limitations in movement of her extremities. She failed to be timely and properly evaluated after the fall, resulting in a delay in performing necessary decompression spinal surgery. Furthermore, and it was alleged that the neurosurgeon used an improper approach and technique during the surgery. The Client postoperatively suffered from partial paralysis.
Settlement at Mediation
Medical Malpractice / Misdiagnosis of Heart Attack $1,000,000
Palm Beach County, FL
A man was suffering from chest pain went to his primary care physician, who performed an EKG which he reported showed no change from a prior EKG. The Client was given nitroglycerin, referred to make an appointment with a cardiologist, and was sent home. The next day the Client suffered a Myocardial Infarction and died. It was alleged that the physician failed to properly evaluate the Client who was suffering a cardiac arrest. The physician also failed to properly interpret the EKG, failed to send the Client to the Emergency Room. The Wrongful Death Claim was filed on behalf of the family.
Settlement
Medical Malpractice / Misdiagnosis of Pneumonia $Confidential
Broward County, FL
A young wife and mother was seen at a local Hospital Emergency Room with severe chest congestion, coughing and fever which had become progressively worse over the prior weeks. An evaluation was performed by the Emergency room doctor who diagnosed an upper respiratory infection. The chest X-ray was abnormal, her white blood count and differential were abnormal, and she had abnormal arterial blood gases. She was sent home with a prescription for cough medicine and decongestants. At home her condition significantly worsened and the following day EMS and an ambulance had to be called to her home. She was unconscious and cyanotic and was taken to the Emergency Room again, where Emergency resuscitation efforts were attempted but failed and she died. An autopsy was performed which showed she had severe bilateral lobar pneumonia which had been present the day before when she was sent home from the Emergency Room. The Wrongful Death Claim was filed on behalf of the family.
Settlement at Mediation
Settlement
Medical Malpractice / Misdiagnosis of Pneumonia $Confidential
Broward County, FL
A young wife and mother was seen at a local Hospital Emergency Room with severe chest congestion, coughing and fever which had become progressively worse over the prior weeks. An evaluation was performed by the Emergency room doctor who diagnosed an upper respiratory infection. The chest X-ray was abnormal, her white blood count and differential were abnormal, and she had abnormal arterial blood gases. She was sent home with a prescription for cough medicine and decongestants. At home her condition significantly worsened and the following day EMS and an ambulance had to be called to her home. She was unconscious and cyanotic and was taken to the Emergency Room again, where Emergency resuscitation efforts were attempted but failed and she died. An autopsy was performed which showed she had severe bilateral lobar pneumonia which had been present the day before when she was sent home from the Emergency Room. The Wrongful Death Claim was filed on behalf of the family.
Settlement at Mediation