by

Ana Mejia, 35, was admitted to an undisclosed hospital to undergo a tubal ligation following the birth of her third child. The procedure was done by a doctor employed by the Public Health Service. Although she experienced postoperative bleeding and dizziness, she was discharged with a prescription for pain killers.

The next day, Mejia allegedly called her treating medical clinic, with the help of a friend, to report that she was experiencing high fever and significant pain. Her condition continued to deteriorate, and she was taken by ambulance to the hospital the next day.

Mejia went into septic shock, renal failure and other problems that required emergency surgery. Cultures from this surgery revealed Group A streptococcus and candida. Mejia was then taken to the ICU where she suffered cardiac arrest and several strokes.
Continue reading

by

Courtney Webster was diagnosed as having rectal cancer when she was 41 years old. Five years later, she underwent a CT scan at CDI Indiana Center for Diagnostic Imaging after she experienced constipation and noticed blood in her stools.

An independent contractor physician interpreted the CT test and did not mention an abnormal rectal mass. Eighteen months later, Webster underwent a colonoscopy, which showed rectal cancer. A follow-up CT scan showed a soft-tissue rectal mass and indications of metastasis. Webster, whose cancer is now Stage IV, will most likely die from the disease in the near term.

Webster and her husband sued the Center for Diagnostic Imaging, Inc. d/b/a CDI Indiana, LLC and CDI Indianapolis, alleging liability for the independent contractor’s choosing not to report the presence of a rectal mass on the first CT scan.
Continue reading

by

Jody Blatchley, a 32-year-old snowboarding coach, fractured his left tibia and right calcaneus in a snowboarding mishap. He underwent two surgeries over the next few days including a left tibial plateau repair surgery performed by Dr. Richard Cunningham.

After a second surgery, it was noted that Blatchley had pain, decreased sensation in his left leg, and an inability to move his left toes. Orthopedic surgeon Dr. Peter James evaluated Blatchley and prescribed pain medication.

Over the next few days, Blatchley’s pain increased, he developed swelling and remained unable to wiggle his toes. He underwent an ultrasound and was later found to have increased pressure in the compartments of his lower left extremity. This led to an emergency fasciotomy, debridement and skin graft procedures, and placement of a wound VAC six days after the injury. Blatchley now suffers from left foot drop and lower leg pain. His medical expenses totaled $418,000, and he lost income of $190,000.
Continue reading

by

Jerri Woodring-Thueson suffered a stroke. Several days later, tests showed a suspected vertebrobasilar arterial dissection. She was transferred to Seattle’s Harborview Medical Center, the nearest comprehensive stroke center.

A vertebral artery dissection is a flap-like tear of the inner linings of the vertebral artery, which is located in the neck and supplies blood to the brain. After such a tear, blood enters the arterial wall and forms a blood clot to thicken the artery wall; often it blocks blood flow.

Shortly after her admission to the Seattle facility, she experienced nausea, vertigo, decreased hearing, blurred vision and uncontrolled eye movements. A repeat MRI was negative for new strokes. Woodring-Thueson’s treating physicians continued her on dual antiplatelet therapy, which included aspirin.
Continue reading

by

On April 21, 2011, Gail Osten had a screening mammogram. The “technologist” at the screening noticed a slightly inverted left nipple and a brown discharge, which Osten had not noticed before.

The mammogram revealed bilateral benign calcification and no other masses or malignancy. No further tests were ordered. In December 2011, she was diagnosed with breast cancer. She died on March 19, 2015.

On Jan. 20, 2017, Joseph Osten, as special administrator for Gail Osten’s estate, filed suit against Northwestern Memorial Hospital, Northwestern Medical Faculty Foundation, Nye Partners in Women’s Health and three of the medical providers who treated Osten in April 2011.
Continue reading

by

Shelva Kostrzewa underwent a face lift that was completed by a plastic surgeon, Dr. Thomas Beird. She was 64 years old at the time. It was alleged in the lawsuit that she suffered severe scarring and disfigurement, which led to emotional distress.

Kostrzewa sued Dr. Beird and his professional corporation alleging he mishandled the procedure by thinning her skin excessively and stitching her skin too tightly. This process led to blood flow problems and tissue death. She also maintained that Dr. Beird chose not to diagnose and treat the thinning skin and stitching her skin too tightly when she visited the doctor three times after the surgery.

The jury returned a verdict of $400,000.
Continue reading

by

Billy Pierce, 61, was admitted to East Texas Medical Center complaining of stomach pain and vomiting. Gastroenterologist Dr. Gary Boyd diagnosed bile duct stones, acute pancreatitis and cholangitis. Pierce developed sepsis and multi-organ failure. Another gastroenterologist evaluated Pierce and removed his bile duct stones. Pierce recovered after this surgical procedure but subsequently developed worsened cholangitis, which necessitated a liver transplant.

Pierce had been a senior vice president of a chemical company and was earning $900,000 per year, but he is now unable to work.

Pierce sued the hospital, Dr. Boyd and two other treating gastroenterologists. He alleged that the hospital negligently allowed Dr. Boyd to practice when the state medical board had suspended his medical privileges and that Dr. Boyd chose not to remove the bile duct stones, which led to sepsis and the multi-organ failure.
Continue reading

by

Over a period of seven years that began in May 2008, Ms. Doe, 50, presented to an HMO complaining of a dime-sized lesion on her right lower leg. Ms. Doe was seen by dermatologists and vascular surgeons. A Doppler study was completed. The doctors dressed the wound and did debridement.

In 2015, a biopsy revealed basal cell carcinoma. Ms. Doe required an extensive incision and suffered significant scarring and muscle loss.

Ms. Doe and her husband sued the HMO alleging that they choose not to timely diagnose the cancer when it was evident. The defendant argued that it had met the standard of care and that its actions had been reasonable considering Ms. Doe’s significant venous insufficiency. There was no claim for lost income.

Continue reading

by

The U.S. District Court judge in Chicago handled a bench trial medical malpractice case under the Federal Tort Claims Act (FTCA). The result was a judgment in favor of a plaintiff that included $13.75 million in noneconomic damages for what the court described as “glaring” medical malpractice that caused the plaintiff to suffer “complete and irreversible failure of both kidneys.”

The U.S. District Court Judge Nancy J. Rosenstengel denied the federal government’s motion for reconsideration.

The plaintiff, Kevin Clanton, spent 31 months on dialysis before receiving a kidney transplant. The court stated, “It is reasonably expected that Clanton will spend at least two decades on an extensive daily regimen of anti-rejection and immunosuppressive medications, he will endure two additional rounds of dialysis that will last at least 3-5 years each and he will undergo one, perhaps two more kidney transplants, not to mention periodic hospitalizations, counseling services and a dizzying array of medications, doctor appointments and lab tests.”
Continue reading

by

The plaintiff Mary Sikora was the independent administrator of the estate of Chris Allan Sikora, deceased. Sikora brought a lawsuit against the defendant, Nirali R. Parikh, M.D., and ManorCare of Elk Grove Village Ill., LLC d/b/a ManorCare of Elk Grove Village, in the death of her husband from a pulmonary embolism. The case went to a jury trial; the jury returned a verdict in favor of both defendants.

Sikora moved for a new trial based in part on Dr. Parikh’s attorney’s closing argument. Dr. Parikh’s attorney asked the jury to place itself in Dr. Parikh’s shoes. The attorney allegedly violated a pretrial in limine order, which barred any mention of Sikora’s initial refusal to be transferred to the hospital on the day he died.

The trial court agreed that Dr. Parikh’s attorney had made improper remarks during closing argument and found the cumulative effect of those errors sufficiently prejudicial to warrant a new trial.
Continue reading