Case Summaries

As an attorney, there is not greater honor than to represent individuals and families whose lives have been lost or forever altered by the negligence of a health care provider. Below, please find summaries of a few of the many cases our firm has had the privilege of pursuing on behalf of our clients:

Failure to perform appropriate antenatal testing results in cerebral palsy

A twenty eight year old woman, pregnant with her first child reported decreased fetal movement during the forty first week of her pregnancy. Her ob/gyn physician allowed the pregnancy to continue without appropriately assessing cause of the decrease in movement and the status of the fetus. When the mother presented to the hospital five days later in active labor, fetal monitor strips showed fetal distress. As a result, the baby boy was born in a severely depressed state and suffers from cerebral palsy. He cannot walk, talk, suffers blindness and must be fed through a tube placed in his stomach. The case settled before trial.

Failure to respond to fetal distress

A pregnant woman presented to the hospital for delivery of her first child. After a prolonged second stage of labor, the fetal monitor strips showed deep decelerations and signs of fetal distress. The physician and nurses allowed the labor to continue and the child was born with severe cerebral palsy. Plaintiffs' expert witnesses testified that the physicians and nurses failed to respond to fetal distress which required an emergency c-section. The case settled before trial.

Shoulder dystocia results in severe bilateral nerve injuries

Mother who suffered from gestational diabetes (a risk factor for having very large babies) presented to the hospital for delivery of her fifth child. Upon presentation of the head, it was determined the baby's shoulder had become causing a condition known as shoulder dystocia. Four resident physicians attempted various maneuvers before delivery could be accomplished. The baby girl, weighing over ten pounds, suffered from cervical fracture, cervical nerve root avulsions, broken humerus, broken clavicle an brachial plexus injuries to both upper extremities. She required surgical repair of her neck fracture at one day of life and suffers from permanent neurological deficits to both arms. The case settled before trial.

Death of baby after uterine rupture

A woman who had a previous c-section and pregnant with second child was under the care of a family practice physician for prenatal care and delivery of her baby. The physician counseled the patient and recommended she have vaginal delivery of her second child. During labor, the physician administered a cervical ripening agent and the drug pitocin. The mother suffered a uterine rupture. The family practice physician was not qualified to perform c-sections and had not made arrangements for a qualified obstetrician to be available in case of an emergency. As a result, the baby boy suffered severe brain damage from loss of oxygen during the labor. He died two days later. The case settled before trial.

Failure to monitor blood thinners leads to subarachnoid hemorrhage

Young woman he had previous below the knee amputation after an auto accident slipped on ice in February and developed pain in her thigh. She was diagnosed with a deep vein thrombosis. A course of the blood thinner Coumadin was prescribed to treat the thrombosis. Coumadin requires frequent monitoring with a prothrombin time (PT) test to adjust dosage of the medicine. Her family practice physician failed to order the tests or to follow up with the laboratory for results. As a result no testing was performed for approximately one month and the patient suffered a hemorrhage in her brain due to high levels of the medication. This led to discontinuance of the medication and increase risk of the clot moving from her leg to her lungs. A filter was placed in the leg vein to prevent the clot from moving. The filter is permanent and require the patient to remain on Coumadin for the remainder of her life. The case was settled prior to trial.

Failure to diagnose and treat spinal fracture leads to paraplegia

Fifty seven year old woman fell from her porch, landing flat on her back. She was taken to the emergency room due to continued back pain. X-rays were taken of her lower back and she was diagnosed with lumbar strain and bruising by the ER physician and PA. However, the x-rays were reviewed by a radiologist the following morning and a fracture of the thoracic spine was noted. The patient was never informed of that finding. Over the next several weeks, she developed difficulty walking, eventually requiring assistance with a walker. She was seen by an orthopedic surgeon who ordered an MRI of the lumbar spine only. He did not review any x-rays taken in the ER. Her neurological deficits progressed and she independently sought evaluation from aspinal surgeon who ordered plain x-rays of the entire spine and discovered the fracture of the thoracic spine. She was hospitalized and had emergency surgery to stabilize her spine but suffered permanent neurological impairment of her legs and is totally disabled. The case was settled before trial.

Loss of toes after podiatric surgery

Forty year old woman consulted with a podiatrist for the condition of hammertoes. He recommended she have surgical correction of the condition. She underwent surgery in the podiatrist's office under local sedation and was discharged home later that morning. When the anesthetic affects subsided, the patient suffered excruciating pain in her foot. The podiatrist was called three times over a two day period but did see the patient. She followed up post-operatively as instructed and was told that she was progressing slowly. Several weeks later, she sought the opinion of a second podiatrist who diagnosed necrosis and dry gangrene of two toe. He immediately referred her to an orthopedic surgeon. After vascular evaluation, the orthopedic surgeon determined that amputation of two of the toes was required. She now has permanent deformity of the foot and has developed RSD. The case settled prior to trial.

Failure to diagnose cauda equina syndrome

Thirty Seven year old man thought to have strained his back during work as a contractor. He began to experience bowel and bladder problems shortly after he injured his back and presented to the emergency room for evaluation. The physician on duty diagnosed a back strain, even though the patient reported he had become incontinent. He was discharged and told to follow up his primary care physician or an orthopedist the following week. His symptoms continued to worsen and he was taken to the emergency room the following day and seen by the same physician. He was again discharged and told to follow up with his primary care physician. His primary care physician ordered an emergent MRI that revealed injury to the nerves of the lower spine called the cauda equina. He was referred to a neurosurgeon and underwent emergent surgery but suffered permanent neurological injury to his lower extremities, loss of bladder function and loss of sexual function. The case settled before trial.

Improper injection of CT contrast resulting in compartment syndrome

A woman was involved in an automobile collision and was transferred from the accident scene to a local hospital for evaluation. A CT scan was ordered to rule out abdominal injuries and contrast dye was introduced through an IV site in the arm. The patient complained of pain immediately after the contrast was given but the CT scan was continued. She continued to complain of intense pain and upon observation by the technician, it was determined the IV had infiltrated into the tissues of the arm and caused compression of the compartments of the forearm. The condition required emergent surgery to relieve the pressure. However, she suffered nerve injury as well as loss of some of the muscle and tissue of her arm. The case was settled before suit was filed.