Personal Injury

Ohio Oral Surgeon Faces Second Lawsuit

The Chronicle-Telegram reports a retired Lorain, Ohio oral surgeon is being sued for an undisclosed amount by a patient who claims she “was injured and was caused to suffer seizures, neurological damage and other severe and debilitating injuries, some of which were permanent in nature,” during treatment in Dec. 2010.

According to the article, a motion attached to the lawsuit seeks a 90-day enlargement of time to file an affidavit of merit, stating “there is strong reason to believe a cause of action exists” against the surgeon and unnamed nurses, dental assistants and/or health care professionals that the suit lists as defendants.

The physician had previously been sued when a 13-year-old patient died after receiving sedation prior to oral surgery in December 2010.  The doctor’s insurance company paid $1 million to the family of the deceased girl, and the 81-year-old physician stopped giving intravenous sedation and agreed to retire in September.  […]

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PA Jury Awards Over $11 Million to Plane Crash Victims

A Philadelphia, PA jury awarded two victims of a 2009 plane crash, who suffered significant, permanent injuries, over $11 million in damages. The pilot and her passenger both sustained third-degree burns over 35 percent of their bodies.

The lawsuit alleged the Cessna 337 Skymaster twin-engine aircraft in which they were flying crashed shortly after takeoff due to “ineffective inspections and maintenance.”  The plane crashed into a water treatment plant in Georgia after losing power in one of its engines. The second engine could not handle the extra load due to problems to it as well.

The pilot’s injuries have prevented her from returning to work as an airline pilot.  She was awarded $6.458 million, which was reduced by 20 percent because of her attributable negligence, according to the court docket.

The passenger, who was a doctor, has been able to return to his work performing cancer dermatological surgeries.  […]

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NJ Man Awarded $4 Million in Overdose of Drug at Party

A New Jersey man has been awarded more than $4 million after he suffered permanent nerve damage when he took the drug Xanax that was obtained illegally from a Ridgewood, NJ pharmacy. The drug was given to him at a 2007 party by a former employee of the pharmacy.

According to NJ.com, the lawsuit was filed against the pharmacy, several guests of the party where the then 17-year-old was given the drug, the party’s host, and the host’s mother. The drug was stolen from the pharmacy.

After the man took the drug he fell into a coma.  However, the guests did not call 911 and waited a while before finally driving him to the hospital.  The man’s nerve damage has impaired his ability to walk and talk, and he is now homebound trying to recuperate.  According to his lawyer, he has been declared incompetent. […]

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Segway to Pay $10 Million to Connecticut Man

Munley-Law

A Connecticut man was awarded $10 million in a lawsuit against Segway Inc. after the man fell from a Segway he was riding in Sept. 2009 and suffered a traumatic brain injury.  Lawyers for the man claimed Segway staff should have supplied the man with a helmet.

The then 23-year-old man was riding in “the Segway Challenge” during a fundraising event at Southern Connecticut State University for the Special Olympics.  The man rode the obstacle course, that was set up by Segway employees, with a blindfold on. He fell backwards off the Segway, hitting his head on the floor.

Segway employees are asked to wear helmets, however, the employees did not have any helmets available for those participating in the event.  The man’s lawyer claimed that as a result of his brain injury, the accident victim had to drop out of college and has not been able to pursue his dream of becoming a police officer.  […]

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Lawsuits Filed in the Indiana State Fair Stage Collapse

According to CBS News, lawsuits in the Indiana State Fair stage collapse on August 13, 2011, are now moving forward.  In addition to Sugarland, the band that was to perform that evening, producers, stage riggers and others were named in the suits.  Wind gusts over 60 mph caused the stage to collapse prior to Sugarland taking the stage killing seven people and injuring over 40 others.

As bad weather approached the area, fairgoers remained in their seats anticipating Sugarland’s performance.  No word was given as to whether the show would go on.  CBS News reports Sugarland’s contract specified the act had the final say on whether to cancel the concert due to weather.

One joint lawsuit seeks unspecified damages for 44 survivors and family members of four people who died.  Nearly 20 law firms across Indiana, Ohio and Kentucky are representing the interests of the plaintiffs.  […]

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Georgia Daycare Owners to Pay $9.85 Million After Drowning Accident

The parents of a two-year-old boy who died after drowning at a daycare facility in Buford, GA in March 2009 have been awarded $9.85 million by a Gwinnett County jury.  The daycare facility was not properly licensed.

According to a WBTV.com story after the incident, the woman watching the children left the room to use the bathroom.  The child was left unattended and wandered off, falling into the above-ground swimming pool.  There were four children, ranging from 2 to 9 years old, at the facility at the time of the incident.

The couple that ran the facility had their five children placed in protective custody at the time of the accident.  The couple was jailed at the time.

About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania, […]

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New Jersey Town to Pay $10 Million to Family of Boy Who Drowned in Town Pool

The Village of Ridgewood, New Jersey has been ordered to pay $10 million to the family of a boy who drowned in the town-owned Graydon Pool in July 2008.  A Hackensack Superior Court jury found the pool was negligently supervised at the time of the 13-year-old boy’s death.

During the incident, there were more than nine lifeguards at the pool and none of them saw the child struggling to stay afloat.  One of the boy’s friends tried to save him, but his efforts were unsuccessful. He alerted the boy’s mother who then alerted the pool manager and lifeguards.

The lawsuit alleged the manager had the lifeguards search the nearby area for the boy, as opposed to looking in the water.  It took 40 minutes for the lifeguards to find the boy in the pool, at which time he had already died.

About Munley Law Personal Injury Attorneys

Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]

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LA County Hospital Likely to Pay $2.8 Million in Medical Malpractice Lawsuit

Los Angeles County officials will likely agree to a $2.8 million settlement in a lawsuit brought by a woman whose child suffered birth injuries at the County Harbor-UCLA Medical Center in March 2008.

In a lawsuit filed by the then 18-year-old, the woman claims the medical staff failed to perform an emergency cesarean section when she was showing signs of distress during labor.  Her son was later diagnosed with neurological injuries from fetal distress, according to an article in the Contra Costa Times.

The hospital will also waive the nearly $20,000 hospital bill and will cover the $16,000 lien placed against the woman’s home.  In addition, the hospital was required to implement safety measures to prevent future incidents similar to this one.
About Munley Law Personal Injury Attorneys

Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]

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Florida Supreme Court Upholds $10.3 Million Medical Malpractice Award

The widow of a man who suffered a heart attack and died when his Palms West Hospital doctor failed to give him the anti-clotting drug Retavase will receive the $10.3 million previously awarded, according to a ruling by the Florida Supreme Court this week.  The award amount was being disputed due to the $1 million medical malpractice cap put in place in Florida months after the man’s death.

The court referred to a decision rendered in July when it determined the award cap could not be applied retroactively.  The man died in 2003, however, the lawsuit was not filed until 2005.  The defense argued the time of lawsuit should be used and thus, the cap limits should apply.

The award amount had also been upheld by the Fourth District Court of Appeal in 2009 saying, “It is therefore well settled that retrospective laws are generally unjust.” […]

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Pennsylvania Hospital to Pay $2.2 Million in Birth Injury Lawsuit

UPMC Hamot and several of its doctors have settled a lawsuit filed in 2008 against a woman alleging a “botched” delivery resulted in cerebral palsy and other medical problems for her child.  The childbirth was in 1998.

The woman went to the hospital in February 1998, after going into labor two months prematurely.  The lawsuit claims the medical staff failed to respond appropriately to indications that the fetus was in distress.  Neither the hospital nor the doctors admitted any wrongdoing.

The child will not be able to live independently and suffers from cognitive impairment, seizures and motor and language delay.

According to The Erie Times-News, the tax-free $2.2 million will be placed in a special-needs trust and paid out over time to cover the costs of the child’s medical care over her lifetime.

About Munley Law Personal Injury Attorneys

Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]

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Family of Injured Kentucky Nursing Home Patient to Receive $1 Million Settlement

According to an article in the Lexington-Herald Leader, a Fayette, Kentucky Circuit Court jury awarded the family of a nursing home patient $1 million for negligence resulting from a January 2009 incident.  The Alzheimer’s patient, in her late 80s, at Lexington’s Cambridge Place Nursing Home suffered extensive injuries in a fall after she went missing from her room.

The lawsuit alleged the woman suffered broken bones in her face, bleeding in her brain, and a serious cut on her forehead, and various other injuries, after she fell from her Merry Walker, a walker that includes a seat, and was later found severely injured in an equipment storage room.

The case was previously reviewed by the Cabinet for Health and Family Services and the attorney general’s office. An adult-protection worker found that the woman was a “victim of caretaker neglect and had been exposed to an extreme safety risk.”  […]

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California Hospital Settled Wrongful Death Lawsuit for $250,000

Hospital gives woman lethal dose of blood thinning medication in wrongful death case

Community Regional Medical Center of Fresno, CA settled a wrongful death lawsuit filed brought against them by a family after their mother died.  The woman mistakenly received an excessive dose of a blood-thinning medication.  The settlement amount of $250,000 is the cap on the amount available in California.

The woman entered the hospital in December 2010 complaining of pain and numbness in her left arm.  She was then admitted to the hospital and underwent routine surgery.  She later died, and her death certificate listed Heparin toxicity “as a significant condition contributing to death.”  Her medical records showed she was given 50 times the ordered amount of the blood thinner.

The hospital released a statement saying, “The settlement is a fair one. And along the way, we’ve instituted improved safeguards on medications.” […]

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Ohio Family Awarded $4.2 Million in Medical Malpractice Lawsuit

The family of an Ohio woman who died of a heart attack after being treated at Wheeling Hospital (WV) in 2009 has been awarded $4.2 million by an Ohio County jury.  The lawsuit was filed against Dr. Stephen Heirendt and EMPG of West Virginia, Inc.

The woman went to Wheeling Hospital, complaining of chest pains, where she was treated by Heirendt.  The suit claimed that the doctor did not follow appropriate standards of care, ultimately leading to her heart attack 11 days later.  The woman was 43-years-old.

The family was awarded $1.5 million for sorrow and mental anguish, $1.5 million for loss of services, $300,000 for loss of household services and $872,000 in lost wages.

If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim.  Our attorneys at Munley Law are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  […]

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NC Medical System Charged with Negligence to Pay $25 Million

A father has been awarded $25 million by a Cumberland County, North Carolina jury after finding the Cape Fear Valley Health System negligent in reporting signs of child abuse against the man’s son.  The boy, who lived with his mother at the time, eventually suffered brain injury after additional abuse.

FayObserver.com reports that the lawsuit alleged if the hospital had reported signs of child abuse when the boy was initially treated for a broken wrist and other broken bones that he would not have received a beating later that “caved in his skull and took away his ability to talk or use his arms and legs.”

The young boy was taken to the Cape Fear Valley Medical Center in 2003 when he was six years old.  At the time he had surgery on his wrist, he was also vomiting, and further x-rays revealed an old rib fracture.  […]

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Pennsylvania Woman Awarded $23 Million in Medical Malpractice Case

WFMZ-TV reports a Lehigh County, Pennsylvania jury has awarded a Lehighton woman $23 million in a medical malpractice case.  The woman had both legs amputated after her home care nurse failed to evaluate and report an infected catheter for appropriate treatment.

The lawsuit alleged the delay in reporting the infection led to a bloodstream infection that ultimately required the woman’s legs to be amputated below the knees.

The jury found the nurse and her employer, St. Luke’s Miners Memorial Home Care, negligent in caring for the plaintiff.

A spokesman for St. Luke’s said, “As with all malpractice cases, this is a complicated situation, but the resultant jury award is excessive and shocks the conscience.”  The spokesman did not indicate if they would appeal the verdict.

If you or a loved one has been harmed by a form of medical negligence, […]

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North Carolina Physician’s Assistant Found Negligent in Mother’s Death

A physician’s assistant (PA) was found negligent in the death of a 42-year-old woman from congestive heart failure less than two months after giving birth to twins at The McDowell Hospital in Marion, NC.    The lawsuit was brought by the husband who claimed the defendants did not do all they could to save the life of his wife.

The man will be awarded $667,000 in the case where he was seeking $6.8 million.  The suit was filed against seven doctors, one physician’s assistant, Asheville Radiology, The McDowell Hospital and McDowell Emergency Physicians.  Most of the defendants settled out of court, however, two doctors, the PA and McDowell Emergency Physicians took the case to court.

The woman was diagnosed with pneumonia after giving birth in February, 2008, and was prescribed a medication for treatment upon her discharge.  Suffering from shortness of breath and nausea, the woman returned to the emergency room several times within the following weeks and was again treated for pneumonia.  […]

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Contra Costa County to Pay Over $13 Million in Wrongful Death Lawsuits

Last week, Contra Costa County was ordered to pay over $13 million to settle two separate lawsuits.  In one case they will pay $1.5 million to the family of a man shot by sheriffs in a wrongful death claim.  The second suit requires they pay $11.7 million to the family of a man who died in a crash on a county road.

The county will pay $1.5 million in the case of a man who was shot in 2009 in the emergency room at Contra Costa Regional Medical Center.  The man had checked himself in for the treatment of alcohol withdrawal symptoms.  He became agitated and attempted to cut the restraints off himself with a knife.  His children, who filed the lawsuit, claimed the deputies used excessive force.

In the other case, jurors found the county failed to keep the road safe during road resurfacing work after a man died when he was struck by a vehicle that ran off the road after he stopped to help another driver. […]

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American Electric Power to Pay Close to $ 7 Million in Explosion Death

AEP continues to pay lawsuit verdicts from tragic explosion case

A Marshall County, West Virginia jury found American Electric Power (AEP) negligent in a 2007 explosion, and they must pay close to $7 million to the family of a man that died in the explosion.

The lawsuit was brought on behalf of a Tyler County, WV man who was a truck driver at the Muskingum River Power Plant.  The family’s lawyer claimed the explosion was caused by dangerous conditions on the facility’s hydrogen storage tank.  They also claimed there was an explosion 15 months prior and AEP had not taken any corrective actions to prevent a similar accident.

An Ohio jury recently returned a $6 million verdict against AEP for a man who was injured in the same explosion.

The power plant is located on the west bank of the Muskingum River, […]

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Washington Cosmetic Clinic To Pay $1.8 Million in Wrongful Death Suit

Sono Bello Body Contour Center, a cosmetic clinic in Bellevue, Washington, has agreed to pay $1.8 million to the family of a bride-to-be who went to the clinic for liposuction in May 2009 and died hours later.  The 28-year-old went to the clinic for the procedure then checked into a nearby hotel to recover.  The hotel maids found the woman’s body the next morning.  The King County Medical Examiner ruled that she died from “acute lidocaine intoxication.”

Lidocaine is a nerve blocker that is pumped into the body to suppress pain during liposuction. When a representative from the Society of Plastic Surgeons was asked by KING 5 News to interpret the levels of lidocaine found, she said they were “really, really high, stratospheric high.”

In the settlement, neither Sono Bello nor the doctor admitted any wrongdoing. The family’s lawyer said that Sono Bello offered a higher, […]

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San Diego Man Awarded $2.4 Million in Asbestos Exposure Lawsuit

A San Diego Navy Veteran who was diagnosed in 2010 with mesothelioma, an asbestos-caused cancer, was awarded $2.4 million in damages after his disease was found to be attributed to his work in ship boiler rooms.

The lawsuit, filed against John Crane, Inc., claimed the plaintiff was exposed to asbestos while serving in the Navy from 1961 to 1971 in his work in the maintenance and repair of boilers, pumps and valves.  The suit claimed John Crane made some of the asbestos-containing packing material and gaskets in the equipment.

The total damages of about $2.4 million include nearly $1.4 million in noneconomic damages and $450,000 for loss of consortium.  The jury found John Crane five percent liable, the Navy and insulation companies 57 percent at fault, some manufacturers and suppliers 37 percent at fault.  The plaintiff himself was found to be one percent at fault. […]

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