Articles Posted in Damages

by

A federal trial judge has upheld a $6.2 million award by the presiding trial judge for a man permanently disabled because of medical negligence at a veteran’s hospital even though the man died three days after the judgment.

Wesley Jordan’s daughter and state administrator, Katherine J. Henry, sued the United States under the Federal Tort Claims Act (FTCA) under an agency theory for medical negligence for injuries Jordan sustained from cardiac bypass surgery that went wrong.

Jordan was then 61 years old when he was admitted to Edward Hines Jr. Veterans Administration Hospital in Cook County, Ill., complaining of difficulty breathing and moving.
Continue reading

by

Lenville Hall Sr. underwent a laparoscopic right hemicolectomy at Southside Regional Medical Center. For the next eight days, urine accumulated in Hall’s abdomen, which required surgery to repair a severed right ureter.

The surgery was unsuccessful. Hall experienced multiple complications, which included infections and loss of kidney function. He now requires lifetime dialysis.

He sued the surgeon who did the first surgery, alleging that he negligently cut Hall’s ureter and chose not to timely recognize this during the post-operative period.
Continue reading

by

Ms. Doe underwent a laparoscopic hysterectomy that was performed by Dr. Roe, an obstetrician; she was discharged the same day.

She contacted the doctor’s office over the next few days, complaining that she felt ill and was experiencing pain. Four days after the surgery, Doe went to a hospital emergency room where a CT scan showed an accumulation of fluid in her pelvis. Surgery located a hole in Doe’s sigmoid colon, which necessitated a colostomy.

Doe also was later diagnosed as having an injured right ureter. Doe required a colostomy bag for ten months. She also required surgery to treat several incisional hernias.
Continue reading

by

William Dukes was under the care of Prompt Ambulance Central Inc. when he suffered a fatal injury. He was survived by his minor son.

The Dukes family and estate sued Prompt Ambulance and Kindred Nursing Centers Limited Partnership, alleging that they chose not to provide adequate care and treatment when transporting him by ambulance.

Before trial, the parties settled for $187,000. The Dukes family then petitioned the court for additional damages to be paid from the Patient’s Compensation Fund of Indiana. The court then did authorize $440,000 in payment to the Dukes estate from that fund.
Continue reading

by

In March 2014, plaintiff Dawn Verci filed a negligence lawsuit against defendants Michael High and International Union of Operating Engineers, Local No. 649. She claimed that as a result of the defendants’ negligence, she was injured and underwent medical treatment that cost more than $1 million.

The majority of her medical charges were from Dr. Richard Kube of the Prairie Spine and Pain Institute and the Prairie Surgicenter. The reasonable value of these medical services provided by Dr. Kube was a major issue of contention.

In January 2019, the trial court entered an order (1) prohibiting defendants from cross-examining Kube for his associated medical entities regarding their own cash advertised pricing at trial and (2) allowing defendants’ billing expert, Rebecca Reier, to testify at trial regarding her opinions on the reasonable value of Kube’s medical services.
Continue reading

by

As Clare Linzell’s parents became concerned about her repetitive behaviors and attention span, they asked a neurologist, Dr. Yassar Awaad, to examine their 4-year-old daughter. Dr. Awaad is a pediatric neurologist.

Dr. Awaad conducted several EEGs, diagnosed epilepsy, and prescribed anti-seizure and anti-depressant medications.

The epilepsy treatment continued for years until another doctor diagnosed Clare as having an autism spectrum disorder, not epilepsy.
Continue reading

by

Often we hear about large awards paid to patients who were injured in hospitals or other health care facilities. An unusually large award was announced in the case of a brain-damaged woman. It is something of a landmark award because of the amount of money involved. The city announced it planned to appeal the award.

A Bronx jury awarded about $120 million to a woman who has been incapacitated since she was treated at three New York hospitals in 2004.

The award, by a State Supreme Court jury, was made in a lawsuit filed on behalf of Jacqueline Martin by her mother. Martin suffered brain damage after a series of hospital visits in February 2004.
Continue reading

by

Johnny Terrell Sledge, 24, suffered a gunshot wound to his back. He was taken to the DCH Regional Medical Center emergency room where an emergency room physician recognized the need for surgery.

On-call trauma surgeon Dr. Bradley Bilton was paged repeatedly but responded that he was in surgery and that someone else should be called to assist Sledge. The hospital staff could not locate another surgeon; Dr. Bolton was paged again.

Instead of coming to the emergency room after completing the surgical procedure that he was involved in, Dr. Bilton started a second elective surgery instead of coming to the aid of Sledge.
Unfortunately, Sledge died while waiting for an emergency laparotomy. He is survived by his family.
Continue reading

by

In December 2015, the plaintiff, Michael Burke, who was then 73 years old, underwent a scheduled hernia repair at Northwestern Medicine-Kishwaukee Hospital in DeKalb, Ill.

After this hernia repair surgery, his blood pressure dropped and he complained of severe abdominal pain. Burke’s family asked the surgeon, Dr. Stephen Goldman, to look in on Burke, but Dr. Goldman allegedly said that he would not do so until he was finished with other patients.

At about 6 p.m. that same day, Dr. Goldman performed an exploratory surgery and found Burke’s abdomen was full of blood. An hour later, Burke’s wife noticed her husband had weakness on the left side of his face, he was unable to fully open his left eye, his lip was drooping and his speech was slurred.
Continue reading

by

Matthew Standley had a history of osteomyelitis, bone disease or bone infection, 14 knee surgeries, and numerous skin grafts and muscle harvests. When he experienced pain in his left knee, he consulted osteopathic orthopedic surgeon Dr. Melvyn Rech. Several weeks later, Dr. Rech performed a left knee arthroscopy, meniscectomy, a chondroplasty, and hardware removal.

Several months after these procedures, Dr. Rech performed a total knee replacement.

At Standley’s post-operative evaluation two weeks after the knee replacement, Dr. Rech prescribed Keflex, an anti-bacterial drug. Within two weeks, Standley went to a hospital emergency room, complaining of severe knee pain and drainage from the surgical site. Dr. Rech did not respond to several nurses’ calls, and Standley, 51, was subsequently admitted for treatment of cellulitis and a possible hardware infection.
Continue reading