Family of WVa Nursing Home Resident Who Received Poor Care Awarded $91.5 Million

The family of an elderly woman suffering from Alzheimer’s, dementia, Parkinson’s disease and several other conditions, received $91.5 million in damages from a Charleston, West Virginia nursing home.  The elderly woman was a patient for just three weeks at Heartland of Charleston nursing home where the workers failed to feed and care for her leading to her death just one day after transferring to another facility.

The lawsuit alleged that while living with her son, the woman’s health had improved to where she could walk, speak and recognize family members. However, when she was checked into Heartland the staff confined the woman to a wheelchair, labeling her a fall risk.

The family’s lawyer argued that Heartland did not have enough staff to properly care for the woman and the other patients.  Some former Heartland workers testified properly caring for all of the residents was impossible. […]

Lawsuit Settles for $650K After Sponge Left in Patient

The Good Samaritan Medical Center in West Palm Beach, Florida paid $650,000 to settle a lawsuit against a man with a “retained foreign object and medication error.”  The man also reached a confidential settlement against two radiologists.

The now 68-year-old man was admitted to the hospital in October 2009 to undergo surgery for diverticulitis.  His recovery was slow, and after five months he was in more pain than prior to his surgery.  He went back to the doctor and had several X-rays and CT scans before the surgeon and gastrointestinal doctor found a surgical sponge in his stomach that had been left behind during surgery.

The man declined further treatment at Good Samaritan and went to another hospital to have the sponge removed and a portion of his intestines, due to perforation.  The man also received an incorrect dosage of blood pressure medicine, however, he did not have any lasting issues over that error. […]

Colorado Medical Malpractice Suit Against Nurses Settled

Undocumented immigrant receives $700,000 in medical malpractice suit settlement

The Colorado Springs, city-owned Memorial Health System settled a lawsuit filed by an undocumented immigrant from Mexico who claimed her baby suffered severe brain injuries during delivery four years ago.  The now four-year-old is a spastic quadriplegic who cannot stand, sit or walk, and has the intellectual level of a six-month-old.

The city paid $700,000 to the child because the care provided by the Memorial nurses and the doctor “fell below the standard of care” by failing to properly interpret fetal heart monitoring strips that showed the baby in distress during labor, having the mother hold her breath which further depleted the oxygen going to the baby and delivering the baby vaginally rather than performing a cesarean section.

The lawsuit only covered the negligence by the nurses.  The doctor is employed by Peak Vista Community Health Centers which is a Federally Qualified Health Center.   […]

$1.25 Million Awarded After Surgeon Was Found Negligent

Surgeon found negligent in botched procedure

A 67-year-old Ithaca, New York woman was awarded $1.25 million after her surgeon was found negligent when a 2007 gallbladder operation left her gravely ill and fighting for her life.   The surgeon at Cayuga Medical Center had been practicing for over 15 years when found at fault.

The woman entered the hospital complaining of an upset stomach when she was told her gallbladder needed to be removed.  The woman’s bowel was unintentionally cut during surgery, yet the surgeon did not inspect the bowel for injury prior to completing the surgical procedure.

Almost immediately the woman became severely ill, exhibiting multiple signs of infection. 32 hours after the first operation, she was operated on again to find the source of the infection, and then to repair the injured bowel.  The woman also underwent four more surgeries, needed a ventilator, […]

Widow Awarded $6.7 Million in Medical Malpractice Case

The widow of a man who died in 2005 after an ATV accident was awarded $6.7 million by a Maine jury in a medical malpractice case against Eastern Maine Medical Center in Bangor.  The man was flown to the center after the accident, and according to the lawsuit, the doctors failed to follow up on tests indicating internal bleeding, that ultimately led to the man’s death.

The man arrived at the hospital suffering from several broken ribs, among other injuries, and CT scans ordered by the emergency department physician indicated there was also internal bleeding. The doctors caring for the man failed to follow up on the internal bleeding by not issuing an order for X-rays to monitor the bleeding, according to the suit. Three days later, the internal bleeding caused one of the man’s lungs to collapse, and the lack of oxygen precipitated a massive fatal heart attack. […]

$322 Million Awarded To Man Over Asbestos Exposure

Negligent companies were aware of the cancer-causing nature of their asbestos product

In what is believed to be the largest award in a single plaintiff’s asbestos case, a jury has awarded $322 million to a 48-year-old man who is suffering from asbestosis and has to be on oxygen 24 hours a day.

The jury awarded $300 million in punitive damages and $22 million in actual damages and found the defendants were liable for defectively designing their product and failing to provide an adequate warning to workers.

The lawsuit, filed against Chevron Phillips Chemical Company and Union Carbide Corp., states the man worked in the oil field from the age of 16 in 1979 to the mid-1980s and mixed an asbestos drilling additive. It was during this time, the lawsuit claims, he inhaled the harmful substance.

The drilling mud was manufactured by Union Carbide and sold by Chevron Phillips. […]

$400,000 Awarded In Pennsylvania Breast Cancer Lawsuit

A Northampton woman has been awarded $400,000 in her malpractice suit against a Bethlehem doctor who did not diagnose her breast cancer properly. The jury found Dr. Mark Schadt negligent in his care of the woman.

In April 2004 she found two lumps in her breasts, and in May Dr. Schadt performed a fine-needle aspiration biopsy and the results were negative for breast cancer.  In March 2005 the patient had a second fine-needle biopsy and the results were positive. A month later, after having an excisional biopsy, she was told she had invasive carcinoma stage III cancer.  She had a radical mastectomy on the cancerous right breast and a simple mastectomy on her left breast.

The lawsuit alleged Dr. Shadt should have followed the first biopsy with a complete biopsy that would have removed a larger tissue sample to test.

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

$2.5 Million Awarded for Failure to Diagnose Colon Cancer

A Virgo County, Indiana jury has awarded $2.5 million to a now 42-year-old former police officer whose doctor failed to diagnose his colon cancer in 2004.  The Tribune Star reports the lawsuit was filed against Dr. John Morse of AP&S Clinic in Terre Haute, Indiana in January 2009.

At 35 years old, the man went to the doctor with rectal bleeding and complaints of other gastric discomforts. Neither a sigmoidoscopy nor colonoscopy was done to rule out colon cancer.  An upper G.I. test was done because of other problems the patient reported. After moving to another state and consulting a different doctor in 2006, he was diagnosed with Stage 4 incurable colon cancer.  He has been given less than a year to live.

Under Indiana’s statutory limit, the award will be reduced to $1.25 million.

Our experienced lawyers know that medical errors are responsible for between 44,000 and 98,000 wrongful deaths every year in American hospitals.  […]

Family Awarded $19.2 Million in Medical Malpractice Case

A three-and-a-half-year-old girl is blind and has cerebral palsy after she was given 100 times the dose of nutrients 15 days after she was born in 2007, claimed the lawsuit filed in Lee County by her parents.  The family has been awarded $19.2 million in the medical malpractice case that could be the first of its kind for Lee County, reports station 2RSWFlorida.

The little girl was born prematurely at HealthPark Medical Center.  The lawsuit was brought against Lee Memorial Health Systems because the overdose led to cardiac arrest and severe complications.  She will be in diapers and will have to be carried and fed the rest of her life.

Liability caps could limit the award to $200,000, but the hospital has never paid a claims bill through the court and the family is hoping this will be the first.

Our attorneys at Munley, […]

Doctor to Pay $3 Million for Birth Defects Suffered 18 Yrs Ago

PostStar.com reports a Warren County state Supreme Court has found a doctor should pay $3 million to a now 18-year-old girl who continues to suffer from birth defects.

The jury found Dr. Stephen Serlin, an OB/GYN should pay the girl who suffers from cerebral palsy and other health issues she suffers because of a brain injury at birth.  Dr. Serlin was found to have “deviated from the acceptable standard of care” which was a large factor in the girl’s health issues.

He was called to the hospital at 5 a.m. to perform an emergency Cesarean section.  He arrived 2 hours later and did not start the surgery until 8:14 am – a delay where the brain injury occurred.  The baby suffered “fetal asphyxia” in the womb due to a compressed umbilical cord.

Birth traumas are injuries that happen to a newborn during labor and delivery.  […]

Fatal Fire in Allentown

Families and community members are reeling this morning after an explosion last night leveled several homes in Allentown, Pennsylvania, leaving two people dead and several others unaccounted for.  CNN reports that two homes were flattened and left burning after the initial explosion, six more were consumed by the resulting fire, and an additional 16 homes were affected by the late night blast.

The cause of the explosion had not yet been confirmed; however, the city’s fire chief Robert Scheirer, said, “We believe it to be a natural gas explosion. We don’t know if the leak was inside the home or out on the street.”  The gas was shut off to stop it from fueling the fire.  Scheirer explained that in the winter fuel lines can freeze and crack, leading to gas leaks.

According to The Morning Call, more than 600 people from the surrounding city blocks and the Gross Towers senior apartment complex, […]

Negligence Alleged in Lawsuit against City in Teen’s Death

In November 2009, a student was killed crossing the dangerous Luten Avenue outside Tottenville High School in Staten Island, New York, reports silive.com. Following the death of the straight-A student, the city installed traffic lights, concrete medians, and other safety devices along the street.

Her mother has filed a wrongful death suit against the NYDOT and the city alleging they failed to have the proper protection in place prior to her daughter’s death despite requests by public officials and the school’s principal for traffic signals.  The senior high school student was crossing the street around 11:30 a.m. when a Nissan, which had stopped to allow her to cross, was rear-ended by another car, pushing it into the victim and pinning her under the rear-tire.

The victim underwent emergency surgery at Staten Island University Hospital, Ocean Breeze, but died six days later.  Her mother contends her daughter did not receive proper medical treatment at the scene of the accident which resulted in her death.  […]

New Hampshire Woman Sues Hospital & Doctors for $5 Million

A woman formerly from New Hampshire is suing two doctors and St. Joseph’s Hospital in Nashua for $5 million alleging they failed to diagnose and treat her bacterial meningitis which left her permanently disabled, reports The Telegraph.

On January 10, 2008, the woman went to the emergency room after suffering for three days with vomiting, headache and fever.  She was treated for an ear infection and sent home.  With worsening symptoms, she returned to the hospital two days later.  The second time she also had hearing loss, altered mental state, and difficulties walking.  Her lawsuit states even though a CT scan and other tests suggested something serious was wrong, the doctor diagnosed her with stress and a sinus infection and sent her home.

She returned to the hospital two more times before she was given a spinal tap which showed she was suffering from two life-threatening conditions.  […]

Suit Filed Against Toyota in Carbon Monoxide Death

The keyless ignition system in a Lexus is being blamed for the carbon monoxide poisoning death of a 79-year-old Queens’ attorney reports the NY Daily News.

In February, 2009, the attorney’s companion parked her car in the garage which was attached to the home they shared and accidentally left the engine running.  The next day she was found unconscious on the bedroom floor and her partner was dead from carbon monoxide poisoning.  She survived, but is unable to walk and has difficulty speaking.

The lawsuit against Toyota cites the auto manufacturer for failing to install a “shutdown” switch in the cars – which can be turned on or off at the touch of a button.  The switch would turn off the engine when the car is unoccupied or not touched for a certain amount of time.

The keyless ignition is a nifty feature, but it can be deadly when the engine continues to run even after the driver leaves the vehicle with the key fob which communicates with the car’s computer.  […]

$20 Million Personal Injury Settlement Sets Records

Freak accident leaves girl permanently injured, distribution company at fault

In what court officials say is the largest settlement in Outagamie County, WI court history, The Post Crescent reports the family of a 4½ year old girl will receive a $20 million settlement.

It was a minor crash, a freak accident, but it caused severe and permanent injuries to the little girl.  In October 2008, a truck driven by a New London well-drilling company ran a red light and crashed into the van in which the little girl was riding.  When the driver used the brakes before hitting the van, several pipes fell from the pipe rack and one smashed through a window in the van, striking the girl in the head.

She is now suffering from blindness, traumatic epilepsy and is functioning on the level of a two-year-old.  She will need 24-hour care the rest of her life. […]

Neurosurgeon Awarded $3 Million for Injury at Medical Center

The Scranton Times Tribune reports a neurosurgeon who suffered a broken leg when he was hit by a hospital bed being pushed down the hall, has been awarded $3.25 million in his personal injury lawsuit against Community Medical Center.

When you are hurt because of someone else’s actions, negligence or reckless behavior, you have suffered a personal injury. And when a personal injury takes place, the responsible person or company that caused the injury should be held accountable. At Munley Law, we understand the complexity of Pennsylvania’s personal injury laws and the challenge of proving negligence, and we can help you get the compensation you deserve.

In February 2005, the doctor was in the operating room reviewing a patient’s chart when he was struck by the bed.  The physician is a diabetic and the trauma he suffered from the broken leg led to an infection, and as a result, […]

$821,000 Awarded To Family of Elderly Woman Who Wandered From Care Facility

Nursing home found negligent for elderly woman’s death

The family of a 74-year-old woman with dementia who died after wandering from an assisted care living facility in 2007 has been awarded $821,000, reports OregonLive.com.

1.5 million Americans live in nursing homes throughout the country.  Of these, it is estimated that as many as 35,000 die prematurely every year due to negligence, abuse or neglect. The breach of the standard care when directed against our elderly parents by paid givers should be punished severely.  If your elderly loved one has been injured or died while in the care of a nursing home or other healthcare facility, contact our attorneys at Munley Law Personal Injury Attorneys today.

The woman’s skeleton was found in May by a young boy who was searching through blackberry bushes for his lost cat.  Her fully clothed remains were found only one quarter-mile from the care facility. […]

Oklahoma Mother Files $10 Million Wrongful Death Lawsuit Against Prison

The mother of a man from Tecumseh, Oklahoma has filed a $10 million lawsuit against a prison corporation and the state in the death of her son.

Her son and his wife were vacationing in New Mexico when they were killed by two prisoners who had escaped from an Arizona prison.  The lawsuit was filed against the company operating the private prison, Management & Training Corporation of Delaware, and claims the state failed to maintain the inmates and properly train the employees.

Losing a loved due to someone else’s negligence can be difficult to understand. When you are grieving, hurt and worried about the future, it is uncomfortable to talk about insurance claims, wrongful death settlements, and cash awards; however, if someone caused your loved one’s death you should seek the compensation you deserve. At Munley, Munley & Cartwright we represent individuals and families that have lost a loved one or been seriously injured due to the negligence of another. […]

Government Does Not Back Pennsylvania and New York Marcellus Shale Drilling Moratorium

Speaking on behalf of the Obama administration, Brig. Gen. Peter “Duke” DeLuca, the commander of the North Atlantic Division of the Army Corps of Engineers, declined to seek a temporary halt to Marcellus Shale drilling in Pennsylvania and New York.  Rep. Maurice Hinchey (D-N.Y.) wanted DeLuca to use his seat on the Delaware River Basin Commission (DRBC) to advocate for blocking drilling until after a “cumulative impact” study could be done.

Hinchey is seeking $1 million for the DRBC to study the cumulative effects of drilling in the basin, from which 5% of the country’s population gets their drinking water.  DeLuca is not willing to put drilling on hold while waiting for years that it could take to complete the report.

DeLuca said, “the citizens of the basin are counting on the commission to make smart choices that allow for environmental protection to proceed together with economic development.”  […]

Untold Dangers Of Hospital Bedrails

A hospice patient close to the end of his life was found dead in his bed at an assisted living facility on Christmas morning in 2004 – not totally shocking for this 75-year-old man in declining health.  What was shocking was the way he died.  His head was entrapped between his mattress and the bed rail.  The cause of death was asphyxiation.

The family has filed suit against the facility for negligence. The care facility claims it gave proper care to the patient.

Of the 17,000 nursing homes housing 1.5 million elderly and disabled Americans, 5,300 of them were cited for nursing home violations between January 1999 to January 2001.  Close to a third of the charges were “serious enough to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury,” according to a congressional report.  […]