Posts Tagged ‘wrongful death lawsuit’

$20 Million Wrongful Death Verdict

Thursday, February 4th, 2010

A jury trial in the wrongful death case of Paulett Hall has ended in favor of the victim’s family, who were awarded $20,000,000 for their punitive damages.

Hall, a mother of two, was just 32 years old at the time of her death, caused when she aspirated bile into her lungs while she was being anesthetized.  She was to undergo exploratory surgery to find the source of the abdominal pain she’d been experiencing when the tragic error occurred.

Hall’s family is relieved and says they hope their lawsuit will prevent this from happening to anyone else.  They claimed that doctors ignored the more than ten risk factors that Hall presented which made her highly susceptible to pulmonary aspiration.  Despite these risks, Hall’s family alleges that doctors did not take the appropriate precautions.

Surprisingly, even the defendants admitted that there were certain techniques that should have been employed, such as the use of what’s known as rapid sequence induction, to prevent possible aspiration, but they failed to do so.  In fact, just about every medical expert that testified during the trial, including those for the defense, agreed that the doctors in question deviated from the standard of care they should have provided to Ms. Hall.

The entire $20 million was for the punitive damages suffered by the victim’s family.  This is based mainly on Alabama state law, which states that wrongful death damages are meant to reflect the enormity of the wrong while at the same time protect the public from such future incidents.

Hospital Sued in Wrongful Death Lawsuit

Friday, January 8th, 2010

A wrongful death lawsuit has been filed against a California hospital claiming that Penny Louise Prevezich died as a direct result of the hospital staff’s negligence.

Penny’s daughter, who filed the suit, claims that her mother was left unattended in the waiting area of the hospital for 90 minutes after being transported there by paramedics for an undisclosed condition.  When Prevezich was finally checked on, she was found slouched over and not breathing.  She was in cardiac arrest and unfortunately, did not recover.  She was pronounced dead just over two hours following her arrival.

According to records, Ms. Prevezich’s “psychiatric history was well-known to the staff” at San Mateo Medical Center.  It’s unclear whether this had something to do with their lack of attention to her.  The wrongful death lawsuit states that the hospital has left Prevezich’s daughter “deprived of a kind and loving mother”.

Regardless of past circumstances, it is the duty of hospital personnel to treat each patient, and each visit, with care and priority.  Had the staff in San Mateo done so, Ms. Prevezich would likely still be alive today.

If you have been neglected by hospital staff, or have a loved one who suffered harm or death as a result of hospital negligence, you may have the right to file a medical malpractice lawsuit and hold those at fault accountable for their inaction.  The best way to know for sure is to contact a medical attorney.

Anesthesia Malpractice Lawsuit Ends in $20 Million Verdict

Wednesday, January 6th, 2010

The jury in an Alabama wrongful death lawsuit has returned a hefty verdict of $20 million filed on behalf of a woman who died during surgery as a result of anesthesia malpractice.

Paulett Pettaway Hall was about to undergo exploratory surgery to identify the cause of severe stomach pains when she received a dose of anesthesia.  The lawsuit claims that Dr. Randal Boudreaux and Nurse Don Ortega failed to identify several risk factors for Hall, which were all listed in her medical records.

Once Hall was anesthetized, she started to breathe bile into her lungs and died shortly thereafter.  Hall’s family claims that had medical staff paid attention to her records, and properly examined her abdomen, she’d be alive today.

According to a study in the medical journal Anesthesiology, there were more than 2,200 anesthesia deaths between 1999 and 2005.  Some of these deaths were a direct result of the anesthesia, and others, like in this case, were from anesthesia complications.

If you suspect that someone you love may have been a victim of anesthesia malpractice, an experienced medical attorney can help.

Jury Awards $15 Million in Boy’s Death

Saturday, December 26th, 2009

One of the country’s most prestigious hospitals has been named in a medical malpractice suit in the wrongful death of a 3 year old boy, and the jury has found against them awarding $15 million to the boy’s parents.

In April 2003, Jason Fox was brought to Children’s Hospital Boston by his parents to undergo a groundbreaking procedure to widen his pulmonary arteries.  Jason suffered from a birth defect called Tetralogy of Fallot, which affects blood flow through the heart.

Doctors in Fox’s native state of Pennsylvania treated the boy several times in his short life before referring him to the renowned Boston hospital for further work.

According to the medical malpractice lawsuit, Jason suffered complications just hours after the procedure.  He suffered a seizure and it was discovered during a CAT scan that some of the contrast dye used during the procedure had leaked into the boy’s brain.

Following the seizure, Jason was then transferred to the ICU and underwent two MRI’s to gauge the extent of any brain damage suffered.  At that point, it was discovered that a small piece of metal, likely from a medical instrument, was lodged in the boy’s brain.

According to the wrongful death lawsuit, Jason went into the hospital “a playful and active little boy” and left unable to walk or speak.   He ultimately died in December 2004.

It took the jury four days to deliberate and reach their decision.  The award was to account for $5 million for Jason’s pain and suffering, $5 million for the child’s wrongful death, and $5 million to Jason’s parents for the loss of their child.  Because of an agreement made prior to the conclusion of the trial, however, the total verdict will be reduced, although it is not clear how much.

Some medical errors can result in the ultimate sacrifice - a human life.  If you have lost a loved one and feel it may be due to a doctor or hospital’s negligence, get in touch with a medical attorney to find out for sure.  You may be entitled to compensation for your loss.

Doctor Denies Fault in Wrongful Death Lawsuit

Thursday, December 3rd, 2009

An Arkansas doctor who is being sued for the wrongful death of a successful advertising agency owner is denying any responsibility in the man’s death and placing the blame back on the patient claiming he ignored medical advice and neglected to seek follow-up treatment.

Dr. Stephen Hennigan, among others, is being named in the lawsuit claiming that he failed to address patient Gregg Ogden’s repeated complaints of constipation just prior to his death two years ago.  The suit claims that rather than investigating the pain and symptoms that Ogden was experiencing, the doctor merely treated him for chronic constipation.

What Ogden really had was a perforated bowel.  The perforation was repaired soon after it was discovered, but by that time the resulting leakage caused sepsis.  This deadly infection ultimately caused Ogden’s organs to shut down, and he suffered renal and respiratory failure.  He died just a few days later.

Dr. Hennigan, who denies being Ogden’s primary care physician, claims that the patient died not as a result of medical negligence, but because he repeatedly refused follow-up treatment and did not take his medication regularly.

Ultimately it will be up to a jury to decide.

Ogden’s estate is suing for an undisclosed amount for his wrongful death.

Actor Sues Hospital in Wrongful Death of Brother

Wednesday, November 18th, 2009

Academy Award nominated actor James Woods has filed a wrongful death lawsuit in the 2006 death of his brother.  The amount of damages he is seeking has not yet been reported, however it is known that he filed the suit on behalf of his nephew in order to “seek justice”.

According to the lawsuit, 49 year old Michael Woods went into cardiac arrest while on a hospital gurney at Kent County Hospital in Rhode Island.  The suit claims that Woods did not receive appropriate or timely care and subsequently died as a result.

This is certainly not the first medical malpractice lawsuit brought by a celebrity, and is yet another example that they are by no means immune to the risks associated with medical treatment.  You may recall recent reports about Dennis Quaid, Kanye West and Ed McMahon all having their own unfortunate experiences with negligent physicians.

Remember - medical malpractice does not discriminate - it can happen to anyone at any time.  If you or someone you love has been a victim of a doctor’s negligence, talk it over with a medical attorney today.

$4 Million Awarded in Wrongful Death Suit

Tuesday, November 3rd, 2009

The family of a Florida woman who died during childbirth was awarded a verdict of $4 million in her wrongful death lawsuit.

The medical malpractice suit was filed by the surviving family of Wendy Leigh Jackson and blamed physicians at the Fort Walton Beach Medical Center for her untimely death which occurred as a result of an artery that ruptured during childbirth.  Jackson died a mere 16 hours after her son was born.

According to court documents, the doctors at the hospital were all aware of the results of an ultrasound that showed that Jackson had bleeding around her kidneys, but did not take action until it was too late.

Amazingly, the defendants submitted the argument that Jackson was partially to blame for her own death based on “contributory negligence”, but the jury rejected this theory.  The settlement is to be divided between Jackson’s son and her widow.

Victims of medical malpractice often think they are capable of filing their own lawsuit without the help of a medical lawyer.  This case is a good example of how the defense can spin theories and creative arguments that may or may not damage the plaintiff’s case.  This is why it’s critical to have an experienced medical attorney on your side.

Family Receives $3.7 Million in Wrongful Death Suit

Sunday, October 11th, 2009

The surviving family of a Wisconsin man who died of a misdiagnosed fungal infection has won in court in their wrongful death lawsuit.

The father of two, Gustavo Espinal-Santos, went to the Bellin Family Medical Center in December 2003 because he was feeling ill.  Physicians who treated the man diagnosed him as suffering from pneumonia.  Unfortunately, they were wrong.

The lawsuit alleged that the doctors were negligent in failing to order standard tests such as X-rays, causing them to miss the signs of what Espinal-Santos was actually suffering from:  a deadly fungal infection called blastomycosis.

After two visits to the medical center, Espinal-Santos was finally admitted and the real cause of his symptoms was discovered, but by then it was too late.  He died a short time later.

The medical malpractice trial was relatively quick, lasting only four days and the jury deliberated just eight hours before finding in favor of the plaintiffs.  The award will be reduced, however, because of Wisconsin’s damage caps law.

Source:  www.greenbaypressgazette.com

Illinois Hospital Sued for Wrongful Death

Friday, October 2nd, 2009

A wrongful death lawsuit has been filed against Morris Hospital for failing to diagnose a bacterial infection in a patient who later died from the condition.

Brian Hopkins went to the hospital on June 29th, 2008 with severe headaches and vomiting.  He was given blood pressure medication and pain medication and discharged.  Hopkins was found unresponsive in his home on July 1st and rushed back to Morris Hospital.  There a CT scan was performed revealing that he was suffering from bacterial meningitis and swelling of the brain.

Hopkins was air lifted to a different medical facility that was better equipped to handle his severe condition but they were unable to save him.  Hopkins died on July 3rd.

Medical attorneys for Hopkin’s estate claim that Morris Hospital’s failure to diagnose caused Hopkin’s wrongful death.

There is no date set for trial as of yet.

Source:  www.justicenewsflash.com

Cancer Misdiagnosis Case Comes to a Close

Saturday, September 12th, 2009

The family of Melissa Hendricks, a Texas woman who died from cancer that went undiagnosed for over a year, has been awarded $3.5 million in her wrongful death lawsuit.  It is reportedly one of the largest medical malpractice verdicts in Denton County history.

The suit alleged that in 2002, Hendricks found a small lump on the top of her head prompting her to visit the Highland Family Medical Center where she was seen by Dr. Stephen Glaser.  Hendricks communicated to Glaser her concerns about cancer, which had taken her mother’s life years earlier.  Glaser dismissed her concerns, however, and diagnosed the lump as a nonmalignant lesion known as a sebaceous cyst.

The cyst was removed the following week, however no subsequent testing or biopsies were performed on the sample to confirm or refute the diagnosis and it was discarded.

A year later, Hendricks noticed another lump where the original had been and at that point sought treatment with a different doctor.  It was only then that the correct diagnosis of sarcoma, a dangerous form of cancer, was reached.  Unfortunately, however, with no treatment for over a year, the disease had progressed rapidly.  Hendricks fought valiantly but lost her battle in December 2004, less than a year after receiving the correct diagnosis.

The jury awarded Hendricks’ family the hefty settlement which will likely be reduced due to damage caps in Texas.  It is important to also note that they attributed 10% of the responsibility to Hendricks herself for not being more aggressive about getting a proper diagnosis given her family history of cancer.

Early detection of cancer is critical because left undiagnosed, the disease can continue to spread and worsen.  Treatment options may also be limited in late diagnosis, severely limiting the success rate of the patient in beating the disease and potentially shortening their life.  If you have received a diagnosis that you are unsure about, it is important that you take the initiative and get a second opinion.  It could mean the difference between life and death.

Should you find yourself already a victim of cancer that went undiagnosed or was misdiagnosed as something else causing a delay in treatment, you may have legal rights.  Discuss your situation with a medical lawyer to find out more.

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