Articles Posted in Damages

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Dawn Kali was 36 when she was diagnosed with Stage I breast cancer. She was being treated by Robert Young at pH Miracle Living, an inpatient treatment center.

Kali flew to San Diego, where she paid more than $2,000 per night at the pH Miracle Living ranch. She also paid $500 for each round of an intravenous infusion treatment that was later learned consisted of baking soda. She did not pursue other cancer treatment. Her condition deteriorated. At the present time, Kali has been diagnosed with Stage IV cancer with just a four-year life expectancy.

Kali sued Young, alleging negligence and fraud. She presented testimony from pH Miracle Living’s accountant that she had overheard Young promise patients he could cure their cancer, even though Young was not a medical doctor. From the reporting of this case, it is not clear whether Young represented to individuals at pH Miracle Living that he was in fact an oncologist, a doctor or in the medical profession at all.
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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.
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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.”
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Robert Suryadeth, 64, suffered from valvular heart disease. He was about to undergo outpatient surgery for his back problems. He met with an internist, Dr. Aruna Paspula, who had never before treated or seen Suryadeth.

Dr. Paspula did an electrocardiogram and listened to Suryadeth’s heart. Dr. Paspula cleared Suryadeth for surgery.

After the surgery, Suryadeth was discharged to go home. He died later that day. An autopsy showed that there were three blocked coronary arteries that undoubtedly were related to the cardiac arrest that caused his death. Suryadeth was survived by his wife and three children.
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Harriet Cook, 83, suffered from a degenerative spinal condition in her neck. A pain management specialist, Dr. Michael Rubeis, did a fluoroscopic cervical epidural injection to help with Cook’s pain symptoms. During the procedure, Cook complained of pain. Nevertheless, Dr. Rubeis continued.

Afterwards, Cook discovered that her arms and legs were paralyzed. Her left arm remained paralyzed, which prevented her from living independently as she did before the procedure. Before she passed away, Cook sued Dr. Rubeis’ group, alleging negligent performance of the epidural injection. Cook claimed that Dr. Rubeis chose not to ascertain the location of the needle, leading him to inject steroid solution directly into Cook’s spinal cord, breaching the dura and causing nerve damage.

The jury returned a verdict of $3.5 million. However, the parties settled for an undisclosed amount.

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A medical malpractice lawsuit arising from the death of Jeannette Turner first resulted in a jury verdict of $22.1 million in this medical malpractice, wrongful death lawsuit. Sadly, Turner died the night before the jury’s verdict. According to the report of this Illinois Appellate Court case, her death transformed her medical-malpractice lawsuit into a survival claim for Joi Jefferson, Turner’s daughter and the special representative of her estate. As a result, Jefferson was unable to recover compensation that was awarded for any injuries Turner would have suffered in the future.

“Compensatory tort damages are intended to compensate plaintiffs, not to punish defendants,” Justice Mary Anne Mason wrote in the 23-page opinion. “We would run afoul of this principle if we allowed Jeannette’s estate to collect an award for future injuries Jeannette will no longer suffer. For this reason, we limit plaintiff’s recovery to compensation for injuries Jeannette suffered prior to her death.”

Turner had sued Mercy Hospital & Medical Center in 2006 claiming that the hospital’s doctors chose not to care for her after installing a tracheostomy tube in her windpipe. A blood clot developed, causing her to go into respiratory arrest. She suffered serious brain damage after she was without oxygen for 20-25 minutes.
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A medical malpractice lawsuit was filed in which the physician’s insurer, Illinois State Medical Inter-Insurance Exchange (ISMIE), refused to pay its $3 million policy limit to settle the case, which was brought by Alizabeth and Alvin Hana. The suit was filed against Drs. Albert and Joyce Chams and Chams Women’s Health Care. At the jury trial, the verdict for the Hanas totaled $6.1 million.

After ISMIE paid its policy limit plus post-judgment interest at 9% and an offset was applied based on a pretrial settlement with other defendants, the doctors were left personally liable for $1.35 million.

The Chamses assigned their bad-faith claim against ISMIE to the Hanas in return for a promise to not enforce the judgment. Then the Hanas sued ISMIE for allegedly breaching its duty to settle.
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Peter Sfameni, 55, stopped taking Warfarin before he underwent a colonoscopy and chose not to resume taking the medication after the procedure. He developed lower back pain, fatigue and weight loss, which prompted a trip to Rhode Island Hospital’s emergency room. He was admitted to the hospital, underwent a bone marrow biopsy and was scheduled for a lymph node biopsy. He was discharged with instructions not to take his blood thinners until a week after the upcoming lymph node biopsy.

Sfameni developed severe blood clots in his legs and lungs before the date of the biopsy. Sfameni returned to the hospital where doctors diagnosed gangrene in his right leg, which required an above-the-knee amputation.

Sfameni spent five months in the hospital, followed by four months in rehabilitation. He now uses a prosthesis and experiences constant phantom pain, anxiety and depression.
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Kevin Clanton, 28, underwent a pre-employment screening and was told that he had high blood pressure. He went to a federally financed public healthcare facility where he met with nurse practitioner Denise Jordan. She noted that he had severe hypertension with blood pressure readings of 210/170. Jordan ordered lab work and diagnosed high cholesterol and obesity in addition to hypertension. She gave Clanton medication samples and told him to follow up with her the next week so that he could receive his work clearance.

Clanton did not follow up with Jordan as instructed. About two years later, his employer told him that he needed medical care due to his high blood pressure. For the next year, Clanton consulted again with Jordan who attempted to lower his blood pressure with various medications and address his symptoms such as blurred vision.

Clanton often took extended absences from his treatment and stopped consulting with Jordan for 15 months before resuming treatment with her. Lab tests taken at his latest visit showed that he had Stage IV chronic kidney disease. Clanton was not advised of this condition.
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A lawsuit arising from the death of Jeannette Turner first resulted in a jury verdict of $22.1 million in this medical malpractice and wrongful death lawsuit. Sadly, Turner died the night before the jury’s verdict. According to the report of this Illinois Appellate Court case, her death transformed her medical malpractice lawsuit into a survival claim for Joi Jefferson, Turner’s daughter and the special representative of her estate.

As a result, Jefferson was unable to recover compensation that was awarded for any future injuries Turner would have suffered.

“Compensatory tort damages are intended to compensate plaintiffs, not to punish defendants,” Justice Mary Anne Mason wrote in the 23-page opinion. “We would run afoul of this principle if we allowed Jeannette’s estate to collect an award for future injuries Jeannette will no longer suffer. For this reason, we limit plaintiff’s recovery to compensation for injuries Jeannette suffered prior to her death.”
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