| Verdicts and Settlements - Medical Malpractice |
Black v. Yuja, M.D., Inc. -- $2,922,275.00 (future value) jury verdict for a medical malpractice/wrongful death action involving the mis-diagnosis of ovarian cancer. Case went on appeal and was later settled for a confidential sum. In October of 1997, Glori Black found a small lump in her abdomen. To rule out cancer, she underwent an operation. Glori's surgeon removed a huge ovarian mass. He sent the tumor to the lab for diagnosis to determine how he should proceed with the surgery. Defendant, chief pathologist of the Ventura hospital, carelessly tested the mass and incorrectly diagnosed it to be dysgerminoma. About 5 months later, in 1998, Glori felt pain in her abdomen again. Within a month, an ultrasound showed another large abdominal mass. Glori was referred to Cedars-Sinai Comprehensive Cancer Center. The doctors at Cedars discovered that Glori Black did not have dysgerminoma. Instead, she had a very aggressive form of cancer which had spread throughout her abdomen. At twenty-two years old, Glori died in December 1998, about 8 months after she was correctly diagnosed. Glori was survived by her husband and son who was five years old. Binder & Associates assembled a terrific team of medical experts to testify at trial, and prevailed despite the fact that at least one of defendant's experts was supposedly world renowned from Harvard.
ABC v. XYZ* -- $2,500,000.00 settlement. Medical malpractice case involving delayed diagnosis of meningococcimia on 10 year old boy resulting in quadruple amputation. Plaintiff brought a civil action to recover for the damages caused to plaintiff by defendants' medical malpractice when plaintiff presented to an Emergency Room. The ER staff and doctor failed to provide plaintiff with essentially any care that he desperately needed to survive his bout of meningitis. Finally recognizing his critical condition, the hospital transferred plaintiff to another hospital. Despite magnificent efforts by the other hospital=s pediatric intensive care unit, they could not undo the damage done by the delay plaintiff suffered from defendants' failure to care for him. Thanks to the second hospital's doctors, the then 10-year-old plaintiff survived. Had he received fluids and medicines as he should have at the previous hospital, however, he would have had a much different result. He likely would have suffered no amputations at all, or only lost fingers, or toes, or even a hand or a foot. But because of the inexcusable delay in treatment at the first hospital, the second doctors were forced to amputate all of plaintiff's arms and legs.
Chanel W. v. XYZ* -- $1,000,000.00 settlement. Medical malpractice involving hypoperfusion to 5 year old girl during cardio-thoracic surgery. Plaintiff was born with a congenital heart defect. While an infant, she underwent a surgical procedure to repair her heart which required a follow-up procedure to be performed several years later. During the follow-up procedure, plaintiff suffered hypoxia, or lack of oxygen to the brain. The defendants were the members of the surgical team during the surgery. The injury to plaintiff's brain caused her to have significant neurological problems. This case settled for policy limits.
ABC v. XYZ* -- $475,000.00 settlement in a medical malpractice case involving a pathologist who mis-diagnosed a woman's melanoma. The fifty-three, (53), year old plaintiff had a mole removed from her face. A tissue sample was sent to defendant lab for analysis and/or testing. A report was prepared and signed by defendant indicating no malignancy. Over the course of the next year, the area from which the mole was removed remained active, developing into an internal cyst and/or exterior keloid scar. Later, a second surgery was performed at the same site as the first. A tissue sample was sent to another Lab for analysis and/or testing. A report was prepared indicating massive dermal and subcutaneous nodular deposit of malignant Melanoma, present within 3 mm. of deep and peripheral margins. The first diagnosis was wrong, and the plaintiff's cancer treatment was significantly delayed. Shortly after her case settled, the plaintiff passed away C from the cancer.
ABC v. XYZ* -- $385,000.00 settlement of a medical malpractice case involving failure to give medications to a newborn with Strep B virus.
Zinderman v. Kaiser -- $225,000.00 arbitration award in a medical malpractice case involving failure to diagnose and treat diverticulitis. This arbitration lasted several days and was decided by a three (3) member panel.
ABC v. XYZ* -- $215,000.00 settlement. Medical malpractice case involving delayed delivery resulting in still-born baby.
ABC v. XYZ* $200,000.00 settlement of medical malpractice case involving failure to diagnose and treat diverticulitis.
ABC v. XYZ* -- $187,500.00 settlement. Medical malpractice case involving delayed delivery resulting in still-born baby.
ABC v. XYZ* B $150,000.00 settlement of medical malpractice case involving delayed delivery resulting in still-born baby. This case settled before litigation was brought.
ABC v. XYZ* -- $145,000.00 settlement for a one and one-half year delayed diagnosis of breast cancer. Plaintiff, a retired employee of a school district, alleged medical malpractice against her gynecologist for 15 years and a radiologist who reviewed her mammograms. Because of a delayed diagnosis, plaintiff underwent a modified radical mastectomy of her right breast with reconstruction. Her main tumor measured about 5.5 centimeters. She had 9 of 9 positive lymph nodes. Plaintiff then underwent many weeks of chemotherapy, then many more weeks of chest wall radiation therapy.
ABC v. XYZ* -- $125,000.00 settlement. Medical malpractice case involving tear of common bile duct during gallbladder surgery. Plaintiff went to defendant hospital for the removal of a gall stone. During the surgical procedure to remove the gall stone, plaintiff's entire gall bladder was negligently removed. Further, during said surgical procedure, plaintiff's common bile duct was negligently stapled, and/or severed, causing toxins to spread internally requiring plaintiff to undergo an additional surgery and leaving a scar approximately 18 inches in length across his abdomen and chest area.
ABC v. XYZ* B $105,000.00 settlement of medical malpractice case where surgeon failed to remove foreign body (i.e. J-tube), following gastric surgery. This case settled at a court ordered mandatory settlement conference only a couple of days before trial.
ABC v. XYZ* -- $100,000.00 settlement against anesthesiologist for esophageal tear during intubation. Plaintiff was a 72 year old patient when she was admitted to hospital. Plaintiff had a breast mass which revealed infiltrating duct carcinoma, and was to undergo a left breast modified radical mastectomy, and sentinel lymph node biopsy following a left lumpectomy. Plaintiff was scheduled for a general anesthesia by way of an oral passageway. Defendant was the anesthesiologist assigned to plaintiff's case. Before the surgery began, defendant made three (3) unsuccessful attempts to intubate plaintiff. The unsuccessful efforts resulted in an esophageal tear. A second anesthesiologist was then called into the operating room to accomplish the intubation, which was successful on the very first attempt. Thereafter, plaintiff developed complications resulting from defendant's negligent care and treatment, (specifically the esophageal tear), which required her hospital stay to be extended almost two months. As a result of the foregoing, plaintiff required two additional operative procedures. She developed atrial fibrillation, aspiration pneumonia, respiratory arrest, fevers, and difficulty with swallowing.
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