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Articles Posted in Medical Malpractice

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$77.5 Million Jury Verdict Including $1 Million in Punitive Damages in Negligent Patient Treatment

Nicholas Carusillo, 29, had a history of bipolar affective disorder, manic depression and substance abuse. After experiencing signs of mania and behavioral outbursts, he was admitted to an inpatient psychiatric unit. His medication, including Seroquel and lithium, were increased until his condition stabilized. He was then discharged to Metro Atlanta…

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$4.85 Million Settlement in Failure to Diagnose and Treat Aortic Dissection

Edward Peers was eating dinner with his family when he felt a jolt of pain in his back and radiating chest pain. He was taken to Doylestown Hospital where he was examined by an emergency department physician who ordered two EKGs. The test results were not concerning for acute coronary…

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$75 Million Jury Verdict in Failure to Timely Diagnose Stroke

Jonathan Buckelew, 32, experienced neck pain and a headache for four days. In addition, he suffered bouts of blurred vision and ringing in his ears. He went to a chiropractor — Dr. Michael Axt — who completed a neck adjustment. When Buckelew sat up after the adjustment, he reported dizziness;…

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$18 Million Jury Verdict in Late Diagnosis of Breast Cancer

Kerri Downes, 22, discovered a lump in her right breast while showering. She went to Axia Women’s Health, where she was seen by a nurse practitioner, Eileen Carpenter. Carpenter diagnosed fibrocystic breast changes, and a follow-up exam was scheduled for two weeks later. At this appointment, Carpenter again diagnosed bilateral…

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Missouri Supreme Court Rejects Plaintiff’s Argument Regarding Failure to Provide Affidavit of Merit Required for Medical Malpractice Cases

Alfred J. Giudicy appealed the circuit court’s judgment dismissing his medical malpractice case without prejudice after he chose not to file an affidavit of merit within 180 days. The filing deadline is required under § 538.225. Giudicy argued that § 538.225 violates the Missouri Constitution. It was also contended by…

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$1.34 Million Jury Verdict for Failure to Rule Out Ovarian Cancer

Chasidy Plunkard, 40, experienced pelvic pain and irregular bleeding. After undergoing a transvaginal ultrasound and diagnosed as having a cyst in the right ovary, she was referred to an osteopath, Dr. Charles Marks, who did an endometrial biopsy. The biopsy was interpreted as benign. Dr. Marks allegedly told Plunkard that…

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$725,000 Settlement in Failure to Perform Adequate Cardiac Workup

Mr. Doe., 66, presented to a hospital emergency room shortly before midnight, complaining of chest pain. He underwent an EKG and testing of his troponin levels; both tests allegedly were “nonspecific.” After Doe began belching excessively, treating physicians and medical providers allegedly administered a gastrointestinal cocktail. Doe fell asleep and…

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$9.1 Million Jury Verdict in Failure to Notify Doctor of Addendum to CT Scan Report

When Linda Smith began experiencing abdominal pain, bloating and diarrhea, she consulted a gastroenterologist. The doctor ordered a CT scan. It was interpreted by a radiologist, Dr. Jonathan Foss, showing an unremarkable pancreas. Approximately two and a half years later, Smith read through the radiologist’s addendum to her medical chart,…

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$325,000 Settlement Reached in Hospital’s Failure to Administer Fluid and Blood Products

Julius D’Amico, 73, was admitted to Bryn Mawr Hospital for surgery to treat what was believed to be an infection in her arm AV graft used for hemodialysis. During the surgery, she lost blood and fluid volume, which led to a postoperative decrease in her blood pressure, blood volume and…

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$175,000 Settlement for Improper Wound Treatment Leading to Gangrene, Revision Surgery

Mr. Doe, a diabetic who suffered from peripheral vascular disease, underwent a partial leg amputation. While undergoing inpatient rehabilitation, Mr. Doe developed symptoms of a gastrointestinal bleed and was readmitted to the hospital. During Mr. Doe’s 5-day stay, his attending medical providers did not assess his surgical stump and nurses…

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