Florida Teen Awarded Millions in Medical Malpractice Case

A teenager who lost all four limbs due to an expired vaccine she received at birth has been awarded $12.6 million by a Miami-Dade jury. The infant had to have her spleen removed, and was given the vaccine to prevent infections, according to the Miami Herald. 

The infant was taken in October 1998 to the University of Miami’s Miller School of Medicine for a checkup.  At the time, a medical assistant injected the girl with the vaccine that is used specifically to protect against infection for people whose spleens have been removed. 

The medical error impacted the child nearly eight months later when she developed a bacterial infection throughout her body.  Blood clots formed in her arms and legs leading to gangrene in all limbs.  The doctors amputated her arms and legs above the joints. 

The jurors, however, found the mother 40 percent at fault. The defense claimed she did not give her child enough medication to help stave off the infection, and she would have been infected even without the vaccine.  The doctor was found 5 percent liable.  The award will be lowered due to the mother’s fault. 

The University is expected to appeal. 

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, Munley & Cartwright are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  Contact us at 1-800-318-LAW1 or fill out our free Claim Evaluation Form.

$1.8 Million Lawsuit Awarded in Oklahoma Birth Injury Case

According to a press release, an Oklahoma family has been awarded nearly $2 million as the result of a birth injury during a 2008 delivery.  The jury awarded $1.2 million for past and future medical bills, as well as potential lost wages because of the injury. $600,000 was awarded for pain and suffering. 

The lawsuit alleged the doctor made critical mistakes during the delivery, including using a vacuum and pulling on the baby’s head when it became stuck behind the mother’s pelvic bone. 

The girl suffers from severe nerve damage and she cannot use her shorter, left arm. The damage is likely permanent. The girl has endured multiple surgeries aimed at restoring movement in her arm and several more are planned. 

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, Munley & Cartwright are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  Contact us at 1-800-318-LAW1 or fill out our free Claim Evaluation Form.

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.  The girl’s death was ruled accidental.

The dentist claims the pending lawsuit is groundless.

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, Munley & Cartwright are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  Contact us at 1-800-318-LAW1 or fill out our free Claim Evaluation Form.

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. 

Birth traumas are injuries that happen to a newborn during labor and delivery.  If your baby has suffered a birth injury and you feel the provider failed to exercise reasonable care, contact the “The Family of Lawyers” at Munley, Munley, and Cartwright at 1-800-318-LAW1 or online for a free claim evaluation.

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.” 

The doctor found liable in the case has a $1 million limit on his insurance policy.  In order to get the full amount further litigation against the insurance company will be needed. 

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, Munley & Cartwright are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  Contact us at 1-800-318-LAW1 or fill out our free Claim Evaluation Form. 

Medical Malpractice Award Upheld

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, Munley & Cartwright are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  Contact us at 1-800-318-LAW1 or fill out our free Claim Evaluation Form. 

Medical Malpractice

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.  The suit claimed that the boy’s injuries and inconsistent stories from his caretakers should have been enough for the medical staff to suspect child abuse. 

If you or a loved one has been harmed by a form of medical negligence, such as failure to diagnose, you may have a medical malpractice claim.  Our attorneys at Munley, Munley & Cartwright are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  Contact us at 1-800-318-LAW1 or fill out our free Claim Evaluation Form.

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, you may have a medical malpractice claim.  Our attorneys at Munley, Munley & Cartwright are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  Contact us at 1-800-318-LAW1 or fill out our free Claim Evaluation Form. 

Pennsylvania Medical Malpractice

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.  She was later admitted to the hospital where she was found to have congestive heart failure.  She died several weeks later after suffering a stroke.

The suit claimed the PA failed to perform appropriate tests and failed to appreciate the signs and symptoms of the woman’s condition, among other charges. The PA was the only one found negligent by the jury.

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, Munley & Cartwright are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  Contact us at 1-800-318-LAW1 or fill out our free Claim Evaluation Form.

Medical Malpractice

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.  Our attorneys at Munley, Munley & Cartwright are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  Contact us at 1-800-318-LAW1 or fill out our free Claim Evaluation Form.