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In 1999, 12 year old Andrew Muno was undergoing surgery on his arm to repair a torn tendon when something went terribly wrong, resulting in his death.  In a clear case of medical negligence, the boy was given an antibiotic that he was allergic to, causing him to have breathing issues and leading to his death.

After a long, drawn out court battle the family won their case in 2006 and was awarded a wrongful death settlement of $7.5 million.

They wouldn’t see any of that money for a while, though, because the anesthesiologist in question, Dr. Dale Gordon, appealed the verdict twice; first to the Appellate Court and then to the state Supreme Court.

The appeals were finally put to rest a few weeks ago when Judge Raymond McKoski ruled that the original verdict be upheld, and awarded the family additional interest, bringing their total settlement amount to $9 million.

The family’s attorney has been quoted as saying, “After nine years of waiting for justice to be rendered for the death of their son, the Muno family is relieved to finally have closure of this horrible chapter in their lives.”

Source: www.suburbanchicagonews.com

The jury has returned a verdict in a tragic case of medical malpractice, in which Theresa Capwell lost her life at the hands of negligent doctors who failed to diagnose her inflamed pancreas.

She left behind three small children.

According to the family’s attorney, not only did the hospital staff treating Capwell fail to diagnose her condition, but they also missed several other opportunities to save her life.  Overlooking the obvious symptoms of pancreatitis, doctors instead wasted two weeks looking for cancer that did not exist.

Ultimately Capwell was placed on a breathing machine, which caused problems with her lungs that prevented proper oxygen intake.  Multiple physicians had ordered that Theresa be given a chest tube to assist her breathing.  Unfortunately, that procedure was never performed.

Because of this blatant oversight, the young mother of three went into cardiac arrest and her brain was deprived of oxygen for more than 10 minutes.  After lying in a coma for a year, Capwell died.

After a three week trial, the jury deliberated for 24 hours before returning their verdict.  The $7 million award is to be split up, with $3 million going to Capwell’s daughters and the remaining $4 million to her surviving husband.

Thousands of babies are diagnosed with cerebral palsy each year in the United States, and the majority of those are due to unknown causes. However, some may be due to an obstetrical error. So the question arises for parents, how do I know if my child’s condition was preventable? How do I know when or if I should contact a cerebral palsy lawyer?

The truth is that it takes experienced medical and legal knowledge to evaluate the circumstances of a child’s birth and determine if negligence was a factor. And until the case is evaluated, the best any parent can do is ask him/herself if there were any red flags present during the child’s birth.

Questions To Consider:

• Was the pregnancy considered high-risk? For instance, did the mother have hypertension, severe preeclampsia, diabetes, infection or other health problem? Was it a multiple birth pregnancy?
• If so, was there regular screening for complications? Were maternal problems recognized/diagnosed in a timely manner
• Did doctors and nurses respond in a timely manner to any pregnancy problems you reported?
• Were there changes in fetal progress prior to or during delivery?
• Was a caesarean section necessary and, if so, was it performed in a timely manner?
• Did the child suffer lack of oxygen during birth?
• Did the child suffer severe jaundice after birth that was not treated promptly?
• Was excessive force used during the delivery? For example, were forceps or vacuum extraction used?
• Was there physician supervision of nurses, midwives and other hospital staff attending to the mother and child?

Depending on your answers to these questions (any red flags you noticed during delivery), you may want to consider further investigation into your child’s cerebral palsy.

A couple living in Brazoria County, Texas, recently filed a lawsuit against several petrochemical companies claiming they are responsible for a man’s benzene exposure. As a result of benzene exposure the man reportedly developed leukemia.

The suit, which was filed by Jan and James Callihan, names Univar USA, Atlantic Richfield Company and Shell Chemical LP, amongst others as defendants.

Leukemia Lawsuit Details

James Callihan claims that he was exposed to benzene after working with products that contained the harmful substance for over 20 years. Callihan began working with and around products that contained the known carcinogen in the 1960’s and claims he was never warned of the risks associated with the toxin.
“The plaintiffs would show that the negligence made the basis of this lawsuit, as committed by the defendants, was of such a nature so as to constitute gross negligence as that term is applied and interpreted by the State of Texas,” explains the lawsuit.

Products Containing Benzene Cause Illness

James Callihan was responsible for handling paint products that were manufactured, distributed, and sold by Sherwin-Williams. All of these products reportedly contained benzene. He also became the victim of exposure from the five other defendants during his time working as a journeyman laborer.
The Callihans state in the suit that James Callihan developed permanent and disabling injuries due to his benzene exposure, which eventually developed into acute myelogenous leukemia.
James and his wife are seeking compensation for their pain and suffering, mental anguish, physical impairment, lost wages, and acquired medical expenses.

Shortly after undergoing a liposuction procedure in 2004, Jacksonville resident Martin Gottlieb died of an apparent heart attack.  In a clear case of plastic surgery negligence, his treatment following the surgery could easily be considered sub-standard.

Rather than being supervised properly by a licensed nurse, Mr. Gottlieb was instead looked after by an unlicensed surgical technician.

Apparently, Gottlieb began having problems breathing, due to the fluid in his body and the prescription drugs in his system.  Unfortunately, the unqualified technician caused a delay in transporting the patient to the hospital ultimately costing Mr. Gottlieb his life.

The surgeon responsible for Gottlieb’s care admitted fault, and the case against him was successful.  But in a shocking move, the physician then appealed the decision, requesting that the patient’s body be exhumed and examined to determine whether Gottlieb used recreational drugs.  His theory was that if that was indeed the case, the settlement should be reduced as the patient’s life expectancy would most likely have been significantly shorter.

His appeal was rightfully denied.

Medical malpractice occurs in many forms, including plastic surgery, as in this tragic story.  If you or a loved one has been a victim of plastic surgery negligence, or any other kind of medical malpractice, contact a medical attorney immediately to discuss your rights.

Most people were horrified to hear about the terrible case of hospital malpractice that happened to actor Dennis Quaid and his wife Kimberly when they were at Cedars-Siani Medical Center for the birth of their children in 2007.  And on some levels, it was shocking to see how these types of tragic cases really can happen to anybody, even famous people.

The Quaid family filed a lawsuit against the hospital based on the fact that in November 2007 their newborn twins, Thomas Boone and Zoe Grace, were accidentally given a near-fatal dose of the blood thinner Heparin.  The infants spent weeks fighting for their lives after the disastrous mistake.  Thankfully they survived and are now said to be in good health.

After much negotiation between the parties, the Quaids decided to settle in the amount of $750,000.

Additionally, the California Department of Public Health has fined Cedars-Sinai $25,000 for the error.

In a separate lawsuit, the Quaids are suing the makers of Heparin, Baxter Healthcare Corp., for negligence due to the fact that the vials used for adult doses are similar to pediatric doses, making errors more likely to occur.

In many cases, such as this, hospital malpractice can nearly cost someone their life.  It must be taken seriously and dealt with severely.  Talk with a medical attorney if you think you or a loved one may have been a victim of hospital malpractice to find out what your rights are.

Just as in any medical setting, dental practices are held to a certain standard of care for their patients.  Unfortunately, sometimes that standard of care is not adhered to, and the result is dental malpractice.

Negligence and poor quality of care performed by a dentist or a dental professional is defined as dental malpractice, and can have devastating results to its victims.

Some of the more common types of dental malpractice include:

• Misdiagnosis of oral disease or malformation
• Failure to diagnose oral disease or malformation
• Use of defective dental products
• Injury to oral cavity or surrounding bone and tissue
• Improper use of dental or surgical instruments
• Wrongful death

Of course, as with any type of malpractice, each case is different and there are countless situations that aren’t listed here.

The bottom line is that you have the right to expect the same standard of care from your dental professional as you do from your medical doctor.  If you have suffered at the hands of a negligent dentist, know your rights.  Consult with a medical lawyer who specializes in dental malpractice right away.

Antonio Richardso, a 45 year old rancher from Wahiawa, Hawaii, won a hefty settlement in his medical malpractice case against his doctor, Arnold Seid.

In 2001 Richardson went to Seid following a health insurance medical test that showed signs of kidney disease.  The physician disregarded the tests results, and instead treated Richardson for high blood pressure.

Eventually, Richardson was referred to a specialist, but it was already too late.  His kidneys were dead.

According to expert testimony, had Richardson been referred to the specialist in 2001, when he first sought treatment with Reid, his kidney problems could have been delayed or possibly even prevented.

Attorneys for Richardson noted during the trial that their client suffered not only physical damages, but his business also failed as a result of Dr. Reid’s negligence.

The plaintiff was awarded a total settlement in the amount of $6.1 million; $4.1 million in special damages, and the remaining $2 million in general damages.

It’s another victory in a clear case of medical malpractice.

Source:  Star Bulletin

Or anywhere for that matter.  An article over at the Wall Street Journal tells ow many people are cancelling their car insurance for economic reasons.  Especially in New Hampshire you need to think very carefully before you do this.

In New Hampshire, Car Insurance is not required, so there are many people driving around with no car insurance already.  So…If you cancel your car insurance you are getting rid of the most important part of your insurance (in my opinion) that is the unisured coverage.  I’ve posted on this before, but that is the insurance where when you get hit by someone with no insurance you can still use the coverage you have bought to protect yourself.

New Hampshire Car Accidents happen and they frequently happen with people with no insurance.  Think twice before canceling that insurance.

To read the Wall Street Journal Article.  See Road Risks Rise as more driversdrop insurance

When Ivan Garcia was asked this Christmas season what was on his wish list, he replied with an answer that was anything but typical for a 13-year-old boy. He told his family he wants a couch. One that he can eat and sleep on if he wants. Not a typical request, but then again for someone who has spent the last few months in a hospital, a comfortable couch at home may just sound completely normal.
Garcia was diagnosed with acute lymphoblastic leukemia, which is a cancer that affects the white blood cells, in late August. Since this time, his mother, two sister and brother have joined together to do all they can to help and support Ivan. And they have done all they can to ensure Ivan is comfortable and relaxed for the few days he is allowed home from the Texas Children’s Hospital in Houston.
What Causes Acute Lymphoblastic Leukemia?
For years researchers have been studying the causes and effects of various forms of cancer, including leukemia. Although a cure for cancer has yet to be found, there are now many treatments available and many believe that we are closer to finding a cure for this life-threatening illness.
There are many things that have been linked to leukemia and are deemed to be the cause of this cancer. For example, exposure to harmful chemicals like benzene has been known to cause leukemia and other forms of cancer and in some cases the illness seems to be hereditary. However, doctors are still trying to determine the cause behind Ivan’s sudden health problems.
Community Helps Family in Trouble
The Garcia’s recently discovered that their home has been sold and they must move into a nearby trailer park. However, when Ivan was diagnosed and had to be hospitalized their move was delayed; though after Hurricane Ike hit, their home was nearly destroyed and they are now living with cracked walls and floors. Now, Dorothy Kelley, chairman of The Tony-Frankin Foundation has begun assisting the family and recently joined the community together to start Project Ivan: Home Makeover.
With the help of many others, Dorothy is gathering donations from various groups and organizations to help rebuild the Garcia’s home and help them financially so they are able to keep their home.
“I am thankful for all the help I am getting,” says Ivan.