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.

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.

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

A Pennsylvania jury returned a guilty verdict last week in a medical malpractice case brought against Dr. Richard Behlke and Community Medical Center.

Laura and Daniel White sued the medical professionals after the 2001 birth of their son, during which they allege that medical negligence of both the doctor and the staff of the medical center resulted in their child’s severe brain damage.

On June 30, 2001, Dr. Behlke, who was not her primary obstetrician, instructed Mrs. White to go to the Community Medical Center after she placed a call indicating that she felt that something was wrong with her unborn child.  Although fetal monitors indicated that the baby was in distress, it took Dr. Behlke over two hours to arrive at the Center.

The baby was receiving very little oxygen during this time.

Upon arrival, Dr. Behlke elected to induce labor, which further complicated the situation.  Baby boy Cody was eventually delivered by Cesarean-section, but it was too late.

Cody now suffers from cerebral palsy, is almost completely blind, has lost the use of his hands and is mentally retarded.  According to the Whites, he functions at the level of a child who is 6-9 months old.  He is seven years old.

After deliberating for only four hours, the jury in the case attributed 60 percent of the negligence to Dr. Behlke and the other 40 percent to the medical center.  They further broke down the damages to provide $2 million to the Whites for health care expenses, and the other $18.5 million to Cody upon his 18th birthday, based on his pain and suffering, medical expenses and lost earning capacity.

The award is the largest in recent Pennsylvania history.

Source: The Scranton Times

A medical lawsuit against the Veterans Affairs hospital in Salt Lake City has been settled for nearly $1 million in damages. The lawsuit was filed after the death of William Meyer, who was being treated at the hospital for leukemia when he developed a fatal blood infection.

Meyer was undergoing chemotherapy at the VA in October 2004. Several days after his final treatment, he started experiencing diarrhea and stomach pain. Meyer’s wife, Pamela, called the hospital about his symptoms and was told an over-the-counter gas medication should help.

A Severe Infection: Every Minute Counted
However, gas was not the problem. According to the lawsuit, Meyer had developed a bacterial infection in his colon because of his reduced immunity from the chemotherapy.

When Meyer went to the emergency room, he had to wait 10 hours before receiving antibiotic treatment even though two doctors had ordered it. In fact, the medication was hanging on his gurney but had not been plugged into his IV.

Meyer suffered cardiac arrest and died (with his leukemia in remission) just a few days before his 46th birthday. His wife and daughter will receive compensation for general damages and Meyer’s lost wages.