Personal Injury

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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Iowa to Pay $875K After Hospital Error Resulted in Amputation of Leg

The Des Moines Register reports that the state of Iowa has settled a lawsuit filed against the University of Iowa Hospitals and Clinics after a young girl went to the hospital in 2007 for a stomach surgery, and had to have her leg amputated after she developed compartment syndrome.

The state will pay $875,000 to the now 16-year-old girl who had her right leg amputated and her left leg now suffers a permanent foot drop.  The suit alleged that the girl’s legs were elevated for over 10 hours causing increased pressure to build in her leg muscle compartments, leading to muscle and nerve damage.

The hospital is overseen by the Iowa Board of Regents and the State Appeals Board had to approve the settlement.

If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim.  […]

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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. […]

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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. […]

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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.   […]

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$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, […]

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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. […]

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$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. […]

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$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, […]

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$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.  […]

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