Wednesday, 23 of August of 2017

Tag » settlement

Jury Awards Victim $126 Million in Delayed Diagnosis Case

By Mark Favaloro, Medical Malpractice Attorney

What Happened:

A jury awarded a woman $126 million after she was forced to sit unattended in a hospital for hours while personnel failed to diagnose her heart attack. As a result of the medical personnel’s negligence, the victim sustained permanent injuries that will require medical treatment for the rest of her life, including the need for a heart transplant in the future, according to lawyersusaonline.com.

The Virginia Injury Lawyer’s Perspective:

People may be shocked at the size of the jury award, but it’s important to keep in mind that the victim’s medical malpractice attorney made a settlement demand of $1.9 million but the defendant only offered $475,000. I point this out to show that it was the defendant’s decision to proceed to trial since they weren’t willing to come closer to the victim’s settlement range. The defendant took the gamble of going to court and the plaintiff’s case was victorious.

It’s also important to keep in mind that the jury verdict is largely devoted to future medical expenses. The total award is comprised of $16 million for future pain and suffering and the remainder allocated for 32 years of future medical care including the use of defibrillators, ventricular devices and a future heart transplant.

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


Family of Boy Permanently Disabled by Drug Pump Malfunction Receives $24.2M Malpractice Award

The family will receive only $8.5 million of that judgment because the medical device manufacturers reached a separate settlement and because of a complicated system of damage caps.

By Mark Favaloro, Surgical Error Victims’ Attorney

When an electronic I.V. drug infusion pump malfunctioned at a Louisiana (LA) outpatient surgery clinic and flooded the body of a 3-year boy with the adrenalin-like medication epinephrine, the child went into cardiac arrest. The resulting lack of blood flow and oxygen to his brain (i.e., hypoxia) left him permanently disabled.

Six years later, the injured boy’s mother won a $24.2 million jury award against the companies that made the infusion pump and the health care facility where the surgical error occurred. NOLA.com has explained, however, that the family will receive only $8.5 million of that judgment because the medical device manufacturers reached a separate settlement for a confidential sum before the medical malpractice trial began. The award will also be reduced because of a complicated system of damage caps put in place by the state government and administered by a group called the Louisiana Patients Compensation Fund.

 

 

The Virginia Medical Malpractice Lawyer’s Perspective

Even though I practice medical malpractice and surgical error law primarily in Virginia (VA), I’m writing about this Louisiana case because it illustrate how complicated holding defective medical equipment manufacturers and negligent hospitals and clinics can be.

This family filed claims against two corporations, a health care facility, the company that sold the malfunctioning machine and the representative who serviced the device and other defendants. Even after confronting and succeeding against each of those parties’ defense lawyers, the family, whose son will require an estimated $20 milling in lifetime medical and personal care, then had to navigate a state system stacked against medical malpractice plaintiffs.

I congratulate the attorneys who battled on behalf of the injured boy and his family.

Potentially Helpful Info

If you or a family member has been harmed by a surgical error, you can begin to learn about your legal rights and options for holding the responsible parties accountable by downloading this free report written by medical malpractice lawyers.

Have Questions? Check out Our Firm’s FAQs.

You can learn more by reading through this online library of attorneys’ answers to frequently asked questions regarding medical malpractice and surgical error lawsuits.

EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

 


Delayed Lung Cancer Diagnosis Leads to Large Settlement

By Jim Lewis, Medical Malpractice Injury Lawyer

A 27-year-old man died from lung cancer. A diagnosis he did not receive until 2008, despite the cancerous mass being noticeable on an x-ray in 2006. The victim’s family recognized that this delayed diagnosis played a part in the victim’s tragic death. They filed a medical malpractice lawsuit and were able to secure a sizable settlement. To learn more, read the story here…

$1.25 Million Settlement for Delayed Lung Cancer Diagnosis Victim

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

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Negligence by WV Drug Rehab Center Leads to $1M Wrongful Death Settlement

Staff allegedly failed to detect or treat a man's life-threatening drug overdose.

By Jim Lewis, Medical Mistakes Victims’ Lawyer in West Virginia

An attorney with the Shapiro, Lewis & Appleton law firm recently wrote about a settlement between a West Virginia drug rehabilitation center and the family of a man who died while at the center because staff allegedly failed to detect or treat his life-threatening drug overdose. To learn more read West Virginia Treatment Center Settles Wrongful Death Lawsuit for $1M.”

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About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Malpractice Award for Virginia Woman Who Suffered Birth Injury Upheld on Appeal

The mother of four underwent a botched Caesarean section and suffered a disabling stroke when nurses failed to notice or treat bleeding and blood pressure problems.

By Shapiro, Lewis, Appleton and Favaloro, Virginia Birth Injury Attorney

In his latest blog post to our firm’s Virginia personal injury lawyers’ website, my colleague Jim Lewis reports on the resolution of a lawsuit in which a federal appeals court judge ordered Bon Secours Maryview Hospital to pay a $900,000 medical malpractice award to a Portsmouth, VA, woman. The mother of four underwent a botched Caesarean section and suffered a disabling stroke when nurses failed to notice or treat bleeding and blood pressure problems. To read more, click over to “Portsmouth, VA Mother Who Suffered Brain Damage Has Malpractice Award From Maryview Hospital Upheld.”

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EJL

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Virginia Psychiatric Hospital Settles Wrongful Death Suit for $800,000

Plaintiff Alleged that the Hospital Breached its Standard of Care Which was a Cause of the Decedent’s Suicide

By Jim Lewis, Virginia Medical Malpractice Attorney

My colleague Randy Appleton recently posted a blog on our firm’s Virginia personal injury website about a recent $800,000 settlement reached with a psychiatric hospital after one of its patients committed suicide.  The man’s survivors argued that the standard of care was not met for the patient. These stories are so sad. Our deepest sympathies go out to the family and friends of the man who lost his life.

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About the Editors: The VA-NC medical malpractice attorneys at  Shapiro, Cooper Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia (VA) and Carolina (NC/SC). Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see our medical and doctor malpractice track record of success. Be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor which fewer than 5 percent of outstanding lawyers receive.


Birth Control Risks Highlighted in Blood Clot Study

Life-threatening adverse effects from estrogen-based medications are also the focus of a $10 million lawsuit filed by a woman who developed breast cancer after taking Prempro to reduce menopause symptoms.

By John Cooper, Dangerous Drugs Attorney in North Carolina

Findings from a large U.S. Food and Drug Administration study on clotting risks for women taking birth control pills containing the hormones estrogen and drosperinone, as well as a large number of lawsuits from women who developed cancer after taking estrogen-based medication to relieve menopause symptoms, are refocusing attention on the risks from these drug products.

Bayer’s Yaz and Yasmin birth control pills increase women’s risk for a deadly condition called venous thromboembolism. With VTE, a blot clot forms in one part of the body, usually the lower leg, and travels to the heart or veins of the neck. If not detected and detected quickly, VTE can cause fatal heart attacks and strokes.

This CBS News report describes what the FDA found and the risks newer birth control pills pose to women:

The problem appears to be drosperinone. That synthetic hormone raises potassium levels in the bloodstream, and excess potassium increases the likelihood that clots will form. In addition to Yaz and Yasmin the Washington Post identified these drosperinone-containing birth control pills: Bayer’s Beyaz and Safyral, Sandoz’s Syeda and Loryna, Barr Laboratories’ Ocella, Watson Pharmaceuticals’ Zarah, and Teva Pharmaceuticals’ Loryna.

As North Carolina dangerous drug lawyers, my colleagues and I have been following news on Yaz and Yasmin risks closely for several years, and we are working with women in a number of Yaz lawsuits. We have also been attuned to health problems linked to hormone replacement therapies such as Pfizer’s estrogen-based Prempro. Pfizer has reportedly paid a total of $330 million to settle more than 2,200 lawsuits from Prempro users. That does not appear to be the final chapter for the drug product that remains on the market, however. In fact, I just finished acting as co-counsel for the plaintiff in a Prempro case that was heard in the federal court in Norfolk, Virginia (VA). The woman’s breast cancer was linked to her use of the product.

On October 21, 2011, a married couple in New Orleans, Louisiana (LA), filed suit in federal court seeking $10 million in compensation from Pfizer because the woman was diagnosed with breast cancer after having taken Prempro for 8 years. The HRT product has also been linked with increased risks for ovarian cancer and cardiovascular disease. Pfizer, in this lawsuit and the earlier ones, is accused of failing to provide adequate warnings about such side effects.

EJL

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Florida Woman Paralyzed Due to Doctors’ Negligence Receives Settlement

The physicians ignored the patient's medical needs and missed what should have been a simple diagnosis.

By Jim Lewis, Medical Negligence Attorney in Virginia

“A 61-year-old East Naples [Florida (FL)] woman who walked to an ambulance in March 2005 and left NCH North Naples Hospital paralyzed has resolved her lawsuit against three doctors.”

That is opening sentence of an October 15, 2011, Naples Daily News article I read with great interest because much of my practice as a Virginia-based medical malpractice lawyer is dedicated to representing victims of doctor’s negligence. Two aspects of the case that I found especially interesting were that the settlement was reached through mediation as the woman and her legal team were preparing for a second civil trial and that the defendant physicians had, according to evidence presented in court, ignored the woman’s pleas for treatment and missed a fairly common and serious complication from inserting a catheter along the spine to deliver anesthesia.

Regarding the mediation, the defendants had won a jury verdict absolving them of liability for negligence when the case first went to trial. Later, the judge set aside that decision and ordered a new trial because he determined that defeat for the plaintiff came in large part because one of the jurors had ignored stern warnings to not research or view news about the case outside of the courtroom. The person who committed juror misconduct consistently lied to the court when asked if he had learned anything he did not hear in testimony.

The evidence of how the defendant doctors ignored the woman’s medical needs and misdiagnosed her also struck me. According to the newspaper, the doctors ignored the woman’s screams of pain for six days because they did not consider her condition serious. When a fourth doctor was finally brought in, that person found that the patient had developed a major abscess and infection along her spine where an epidural had been administered. That injury and infection eventually caused total paralysis. Because the woman has regained very limit movement in her arms and feet, she now has an official lifelong diagnosis of quadriparesis.

While I don’t know all the facts of the case, the errors made by the doctors and the negligence they demonstrated certainly appear to have left their patient in much worse health than she was when first entrusted to their care. When health care providers fail in their duty to treat patients to the best of their abilities, those doctors, nurses, pharmacists, surgeons and others must be held accountable. I’m glad that happened in Florida.

EJL

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Family Receives Settlement After ER Negligence Contributes to Man’s Death

The award of $825,000 reflect emergency room staff's ignoring the patient as he was dying.

By Jim Lewis, Medical Malpractice Attorney

In busy emergency rooms it’s a sad reality that some patients get lost in the shuffle. One man was neglected while hemorrhaging and died, in part, because of that negligence. His family will now receive a settlement of $825,000. To read more, visit our blog to read “Hemorrhaging Patient Dies in ER, Family Receives Damages.”

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About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.


Confidential, Multimillion Dollar Settlements Discussed by Virginia Injury Lawyer

By Shapiro, Lewis, Appleton and Favaloro, , Virginia Medical Malpractice Attorney

My colleague Rick Shapiro recently wrote an article discussing whether to settle cases when defendants ask for confidentiality agreements. Our Virginia attorneys have dealt with this issue for years and confidential settlements are becoming more common. Learn how we handle this issue by taking a moment to read Rick’s article: “Travails of a Virginia Injury Lawyer: Why I Can’t Tell You About Some Multimillion Dollar Settlements.”

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose Virginia/Carolina attorneys focus on injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see for yourself. Though not every case meets our criteria, we offer free initial consultations. Give us a call at (800) 752-0042. If you can’t get through due to high call volume, leave a message so we can return your call. Also be sure to check out our free special report Top 10 Tips From a Medical Malpractice Insider. Our primary office is in Virginia Beach, Virginia (VA), but we also have offices in Hampton, VA, and Elizabeth City, North Carolina (NC). Our lawyers hold licenses in VA, NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. We also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services.