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$6 Million Settlement For Stroke Victim In VA
- Brain Injury
$6,000,000.00
Our thirty-two year old client suffered a stroke after undergoing chiropractic
manipulation of her neck. She presented to her HMO exhibiting symptoms
of her stroke but the health care providers at the HMO failed to recognize
her symptoms and failed to initiate treatment that would have reversed
the effects of the stroke. As a result, our client suffered "locked-in
syndrome" in which she was unable to move any parts of her body except
her eyes. Although the issues of negligence and causation were hotly contested,
a settlement was reached after mediation. This settlement occurred in
the District of Columbia, where there was no cap that limited the amount
of damages a patient could recover.
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Recovered A $5 Million Settlement For An Infant Who Suffered A C-Section Injury
- Birth Injury
$5,000,000.00
We represented an infant who suffered a severe brain injury and multi-organ
injuries due to the negligence of a mid-wife. During pregnancy, the mother
became a high risk labor and delivery. Neverthelss, the mid-wife caring
for her prenatally did not consult with an obstetrician to manage the
care of the mother's pregnancy. During the labor and delivery process,
the mother and infant demonstrated signs of maternal stress and fetal
distress. Again, the mid-wife failed to seek the assistance of an obstetrician
despite the presence of obstetricians at the hospital. The infant was
born pulseless, although she was resuscitated. Due to the compression
of the infant's umbilical cord during labor and delivery, the infant
was deprived of oxygen ultimating causing her injuries.
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$4.9 Million Settlement For Brain Injured Child
- Brain Injury
$4,900,000.00
This case involved the care provided to a newborn baby while admitted to
the Neonatal Intensive Care Unit (NICU). After a difficult delivery, the
baby was admitted to the NICU for monitoring. While in the NICU, the baby
demonstrated numerous signs of respiratory distress over the course of
three days. These signs included acrocyanosis (discoloration of the extremities),
the refusal to feed, lethargy, and jitteriness ( which was actually the
onset of seizures). Depsite these signs, the baby's doctors did not
order or perform any tests to investigate for the presence of respiratory
dysfunction. Additionally, no attempt was made to provide supplemental
oxygen or to intubate the baby. As a result, the baby suffered severe
neurological injury due to hypoxia requiring 24-hour care.
* The case was settlement with a confidentiality agreement in place. As
a result, the disclosure of the parties invovled, the location of the
hospital, and detailed recitation of the underlying acts of negligence
was not permitted.
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$4 Million For Wrongful Death Of 40-Year-Old From An Undiagnosed Blood Clot
- Medical Malpractice
$4,000,000.00
We represented the estate of a 40-year-old woman who died from a blood
clot that traveled to her lungs (known as a pulmonary embolism). Our client
had been given a drug, Lupron, for the treatment of endometriosis. Complications
from this drug led to the development of a blood clot (known as a deep
vein thrombosis) in our client's pelvis. Two physicians caring for
our client failed to communicate with each other about the complications
our client was experiencing, thereby delaying necessary treatment. As
a result, the blood clot grew until a piece broke off and embolized to
our client's lungs causing her death. A District of Columbia jury
awarded the estate of our client $4 million. This verdict was appealed
on a number of grounds, including that the verdict was excessive. The
appeal was denied by the District of Columbia Court of Appeals.
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$4 Million Settlement In Food Poisoning Case
- Serious Personal Injury
$4,000,000.00
We represented a 32-year-old man who suffered salmonella food poisoning
from eating undercooked chicken at a restaurant. The salmonellosis led
to the development of debilitating reactive arthritis that resulted in
our client's disability from his employment. Although food poisoning
cases are often hard to prove since it is difficult to pinpoint the exact
meal when the offending food was eaten, in this case our client was at
a convention with co-workers and several of his co-workers got sick as
well. The county health department then conducted interviews with all
of the people who got sick and, through the county's investigation,
the undercooked chicken was identified. The case had been rejected by
another local firm who referred the client to us for a second opinion.
Fortunately, we were able to establish the case.
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$3.4 Million Settlement For Wrongful Death From Drug Reaction.
- Medical Malpractice
$3,400,000.00
We represented a husband amd three young children for the wrongful death
of their 43-year-old wife and mother. The wife/mother was negligently
misdiagnosed by her psychiatrist as suffering from Bipolar II Disorder,
when in fact she was suffering Post-Traumatic Stress Disorder. The psychiatrist
prescribed the drug, Lamictal, to treat the Bipolar II Disorder. At the
time, Lamictal was not approved by the FDA for the treatment of Bipolar
II Disorder. The drug was also known to carry very dangerous side effects,
most notably Stevens Johnson Syndrome, which can be fatal. In choosing
Lamictal, the psychiatrist elected not to use other medications that have
a longer proven track record for treating Bipolar II Disorder and do not
carry the risk of death as a potential side effect. The psychiatrist never
advised the wife/mother about the risks of Lamictal and the alternative
medicaitons available. Tragically, the wife/mother developed Stevens-Johnson
Syndrome as a result of the prescription of the Lamictal. After a lengthy
battle with the disease, she died.
The jury returned a verdict in the amount of $3,482,192.50. The verdict
was reduced by the court to $1,650,000 in accordance with Virginia's
statutory cap in place at the time. The verdict was recognized as the
2nd Largest Medical Malpractice Verdict in Virginia in 2005.
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$3.3 Million Settlement To Mother & Son For Birth Injuries In VA
- Birth Injury
$3,300,000.00
We represented a mother and her infant son for injuries that occurred during
the delivery process. The mother had experienced a placental abruption
while her son was in utero causing him fetal distress due to a lack of
oxygen supplied through the umbilical cord. The obstetrician failed to
appreciate the fetus' distress and failed to delivery him by c-section
in a timely fashion. As a result, the child suffered irreversible neurological
injury due to the loss of oxygen to his brain. During the early part of
the case, a loophole in the obstetrician's insurance policy was discovered
that provided separate coverage to the mother and her son -- i.e. in effect
doubling the amount of available insurance coverage.
Prior to trial, the son's claim was settled for $1.7 million, which
was the maximum allowed under Virignia law at the time. The mother's
claim went to trial, where a jury awarded her $1.6 million for her emotional
distress. This verdict was appealed to the Virginia Supreme Court, but denied.
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$3.3 Million Verdict For Wrongful Death Of 3-Year Old
- Brain Injury
$3,300,000.00
We represented the parents of a 3-year-old girl who died at Inova Fairfax
Hospital as a result of a delay in the diagnosis and treatment of elevated
ammonia in her blood. The daughter was born with a urea cycle defect,
which is a genetic inborn error of metabolism. As a result of this defect,
she was unable to metabolize protein properly. As a result, ammonia built
up in her body instead of being converted to urea and excreted through
urine. Ammonia is toxic to the brain. The health care providers at Fairfax
Hospital recognized that our client's daughter had critically high
ammonia levels, yet they failed to implement treatment that would have
reversed the ammonia levels. As a result, our client's daughter suffered
irreversible brain damage, ultimately leading to her death. The jury returned
a verdict for $3.3 million. The trial court reduced the verdict to $1.7
million in accordance with Virginia's applicable statutory cap on
damages. Inova Fairfax Hospital appealed the jury verdict. The Virginia
Supreme Court denied the petition for appeal. The verdict was recognized
as the 4th Largest Medical Malpractice Verdict in Virginia in 2006.
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Jury Awards $3 Million For Wrongful Death From Cervical Cancer.
- Medical Malpractice
$3,000,000.00
We represented the estate of a 36-year old woman who died from cervical
cancer. An abnormal Pap smear test revealed early stages of the cancer.
Tragically, the Pap smear was misinterpreted by the doctor as normal.
As a result, the diagnosis and treatment of the patient's cancer was
delayed, thereby causing her premature death. In accordance with Virginia
law, the jury's verdict was reduced to applicable statutory cap in
place at the time.
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Breast Cancer Case Settles For $2.4 Million
- Medical Malpractice
$2,400,000.00
We represented a forty year-old woman in this District of Columbia medical
malpractice case. The patient had a screening mammogram at which time
the radiologist found an abnormality in the right breast and recommended
to the primary care physician that a repeat study be performed to rule
out cancer. The primary care physician failed to follow this recommendation
and failed to inform the patient about the abnormality that was found.
One year later, the patient had another screening mammogram, which led
to the diagnosis of breast cancer. The patient claimed that the one-year
delay in the diagnosis and treatment of her breast cancer led to the spread
of her cancer and to a significant reduction of her life expectancy.
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$2.3 Million Against Hospital Physician Engaging In Sexual Relationship With Patient
- Medical Malpractice
$2,300,000.00
We represented a thirty-two year old woman who sought treatment from a
hospital-based psychiatrist. The psychiatrist violated the patient-physician
relationship by engaging in a sexual relationship with the plaintiff.
The hospital knew of the psychiatrist's actions and yet did not seek
to restrict the psychiatrist's access to the plaintiff.
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Jury Verdict In Wrongful Death Case Following Hiatal Hernia Repair
- Medical Malpractice
$2,249,672.00
We represented the estate of a 49-year old woman. She was a single mother
of a 17 year-old daughter. The mother died as a result of complications
that occurred during surgery.
In 2007, the mother underwent a surgical procedure to treat gastroesophageal
reflux and to repair a hiatal hernia. A composix mesh was used to reinforce
the area of the hiatal hernia repair. The defendant surgeon used helical
tacks (which resemble corkscrews in appearance) to affix the mesh to the
diaphragm through the use of a surgical instrument known as the Autosuture
ProTacker. Both the FDA and the manufacturer of the Autosuture ProTacker
warned against the use of these tacks in areas where tissue could be compressed
to a thickness of 4 mm or less and vital organs were in close proximity.
Because the diaphragm is less than 4 mm in thickness directly underneath
the heart, both the FDA and the manufacturer specifically warned against
the use of these tacks when affixing mesh in this area. The defendant
surgeon ignored these warning during the mother's operation. One of
the helical tacks used by the defendant surgeon cut the mother's heart
vein causing the sac around her heart (known as the pericardium) to fill
with blood. Once the pericardium filled with blood, the mother's heart
was unable to beat correctly, and the mother went into cardiorespiratory
arrest. Her cardiorespiratory arrest caused an anoxic brain injury and
brain death.
The case was tried to a Fairfax County jury. The defendant surgeon did
not offer to settle the case before trial. The jury returned a verdict
for almost $2.5 million. This verdict was reduced by the judge to the
statutory cap of $1.85 million.
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Jury Verdict For Plaintiff In Lung Cancer Case
- Medical Malpractice
$1,899,036.96
The plaintiff is a 70-year-old man with a history of melanoma. His dermatologist
ordered periodic chest imaging studies to conduct surveillance for possible
metastasis of the melanoma.
On Aug. 1, 2006, a chest CT scan ordered by the dermatologist was interpreted
by the defendant radiologist. The radiologist reported back to the dermatologist
that there were no findings of malignancy, but he did see evidence of
prior asbestos exposure. Plaintiff had many pleural plaques (benign lesions)
from asbestos exposure in his lungs.
Plaintiff’s expert radiologists testified that the defendant should
have interpreted this film as raising high concern for malignancy, since
a nodule in the lower lobe of the left lung had shown significant interval
change in size and shape from a prior CT scan done in 2003 and was not
a pleural plaque. The CT scan in 2006 did not show enlarged lymph nodes
and, therefore, the plaintiff was a clinical Stage I lung cancer patient
at the time. The cancer was diagnosed 28 months later via a CT angiogram
ordered for possible peripheral vascular disease. At that time, plaintiff
was determined to have Stage III-A lung cancer because the cancer had
spread to lymph nodes.
Experts for plaintiff testified that there was an 80 to 90 percent chance
of cure if the cancer had been diagnosed back in 2006, and the chance
of cure decreased to 20 percent at the time of diagnosis in late 2008.
The plaintiff responded well to chemotherapy and radiation therapy which
improved his chance of cure to somewhere between 30 and 40 percent.
The defense offered two arguments. First, the defendant’s radiology
expert testified that it would have been reasonable and within the standard
of care to interpret this cancerous nodule as a benign pleural plaque
although it had a significantly different appearance than the other pleural plaques.
A defense oncology expert testified that on the basis of doubling time
analysis there would have been microscopic disease in the lymph nodes
back in 2006 and, therefore, the delay in diagnosis did not change the
stage of the cancer, the treatment regimen or the plaintiff’s outcome.
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Jury Verdict For Patient Who Lost Central Vision In One Eye
- Medical Malpractice
$1,600,000.00
Mike represented a 53 year old woman who lost central vision in one eye
following a vitrectomy performed by Dr. Randall Wong at the Capital Eye
Consultants. The allegations against Dr. Wong were that he recommended
and performed eye surgery despite the fact that the patient's condition
did not justify surgery. The patient was not suffering any eye-related
symptoms to support surgical intervention. During the unnecessary surgery,
the patient suffered an optic neuropathy caused by mechanical trauma to
the fovea, resulting in central vision loss.
Shortly before trial, Dr. Wong admitted liability. The only remaining disputed
issue was the valuation of the patient's eye injury. The patient's
employment required that she drive a motor vehicle as an essential part
of her job duties. Her vision loss resulted in her being found disabled
from her employment. As a result, she had a significant loss of income claim.
After a four-day trial, the jury awarded Mike's client $1.6 million.
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$1,475,000 Medical Malpractice Case Settlement
- Spinal Cord Injury
$1,475,000.00
We represented a 68-year-old female with a history of chronic urinary tract
infection, controlled diabetes, atrial fibrilation, recent lithotripsy
and stenting to remove a kidney stone obstruction. She was admitted to
the hospital with complaints of left flank pain and a blood culture drawn
two days earlier in the emergency room was positive for e-coli. The epidural
abscess from which she suffered went undiagnosed by the defendant physicians
for four days during her hospitalization. The physicians attributed her
symptomatology to a kidney infection. During the four days of hospitalization,
the plaintiff’s condition deteriorated gradually from being able
to walk and control her bladder, to some lower extremity weakness, to
numbness, to incontinence, and then to a total lack of strength and sensation
from above her umbilicus down. By the time an MRI was finally ordered
and a neurologist was consulted, the plaintiff had irreversible paraplegia
and neurogenic bowel and bladder. Plaintiff’s experts opined that
the standard of care required MRI of the cervical, thoracic, and lumbar
spine upon the plaintiff’s admission to the hospital due to her
complaint of left flank pain and bacteremia, her diabetes, her recent
history of genitourinary procedures, and clinical information that was
inconsistent with a diagnosis of a kidney infection including a normal
urinalysis and normal IVP imaging study. The case settled through mediation
for $1,475,00.
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Settlement Of $1.475 Million For Failure To Diagnose Heart Disease
- Medical Malpractice
$1,475,000.00
We represented a 55-year-old gentleman who suffered a massive heart attack
after his treating physicians failed to diagnose and treat the plaintiff's
underlying heart disease. Prior to suffering his heart attack, the plaintiff
had notified his treating physicians that he was a Type-II diabetic, that
he had a strong family history for heart disease, and that he had previously
been treated for high cholesterol and borderline hypertension. When the
plaintiff began to experience chest pain, his treating doctors ordered
a stress test, which the plaintiff failed. Nevertheless, the plaintiff's
physician diagnosed the plaintiff as suffering from gastroesphogeal reflux
disease or GERD. When the plaintiff continued to experience chest pain
and notified his doctors of such, he was again told he had GERD. Soon
thereafter, the plaintiff suffered a massive heart attack that has left
him severely disabled and with a shortened life expectancy. This case
was filed in Virignia, which had a statutory cap that limited the plaintiff's recovery.
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$1.45 Million Settlement For Brain Injury Caused By Epidural
- Brain Injury
$1,450,000.00
Our client was a young mother who went to the hospital for an elective
cesarean section. She was given a spinal-epidural anesthesic prior to
her her surgery and a epidural anesthetic following surgery. In response
to the anesthetics, our client developed signs and symptoms of respiratory
distress. These signs and symptoms were not recognized by the health care
providers caring for our client. Ultimately, the anesthesia caused our
client to stop breathing and her heart to stop. While she was ultimately
resuscitated, she suffered an anoxic brain injury due to the delay in
treating her respiratory distress. At the time of the settlement, Virginia
has a statutory cap of $1.5 million.
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$1.4 Million Settlement For Stevens Johnson Syndrome Patient
- Medical Malpractice
$1,400,000.00
Plaintiff was a 36-year-old female with a mental disability due to a birth
injury that left her with the functional age of approximately six years
old. The plaintiff also had a seizure disorder. She was experiencing tremor
episodes that the defendant neurologist thought were break-through seizures.
In response, the defendant decided to transition the plaintiff from Depakote,
the seizure medication she had been taking, to Lamictal. The alleged negligence
in the case was that the defendant ignored an FDA Black Box Warning in
the Physicians’ Desk Reference (PDR) and prescribed the Lamictal
at double the initial dose recommended by the manufacturer and double
the recommended escalating dose. According to the PDR’s Black Box
Warning, the risk of prescribing Lamictal at these higher doses is that
the patient will have a higher risk of developing a serious, life threatening
rash called Stevens Johnsons Syndrome.
Unfortunately, plaintiff did develop Stevens Johnsons Syndrome with severe
rash over 85 percent of her body surface area and damage to the epithelium
of her eyes. The rash was so severe that it was the equivalent of having
third degree burns. The plaintiff was treated for three months in a burn
unit. She underwent multiple pig skin and cadaver skin grafts, including
on her face, and an operation on her eyes. She recovered remarkably well
from the injuries with no grossly disfiguring scarring. She has permanently
mottled skin from the burns and grafts, some loss of vision in her eyes,
and loss of some fingernails.
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$1.375 Million Settlement Due To Nursing Error
- Brain Injury
$1,375,000.00
We represented a 46 year-old gentleman who suffered an anoxic brain injury
when he was oversedated in the hospital following coronary artery bypass
surgery. The nurse caring for him noted in the chart that our client was
"unarousable," but she took no action. When she checked on our
client 30 minutes later during her normal rounds, our client was totally
unresponsive and suffered cardiorespiratory distress. The medications
he had been prescribed all acted as central nervous system depressants
and, in combination, just shut down his heart and lungs. Had the nurse
recognized the signs of overmedication, the medications could have been
easily reversed and our client would have suffered no injury. However,
the nurse ignored the fact that he ws unarousable and failed to intervene
in a timely fashion before our client went into cardiac arrest. By the
time that our client ws resuscitated and placed on a ventilator, he had
suffered an irreversible brain injury that left him totally disabled.
At the time of this settlement, Virginia had a statutory cap on damages
of $1.5 million.
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Settlement For Death Of A Toddler Following Trachea Surgery
- Medical Malpractice
$1,375,000.00
The plaintiff's child was a two-year-old who was born with a congenital
problem known as Pierre Robin Syndrome. This condition caused some breathing
difficulties that required the placement of a tracheostomy tube to assist
with breathing. After successful corrective surgery for the underlying
congential problem, the tracheostomy was removed. A tract from the skin
to the trachea, known as a tracheocutaneous fistula, remained however.
Surgery was required to correct this tract. The child died due to complications
from the surgery to close the tract. Plaintiff alleged that the surgeon
negligently closed the skin while leaving the trachea open. This alleged
negligence forced air into the child's chest and resulted in the lungs
not being able to expand properly. In turn, the child's heart was
unable to pump properly, and the child died. The case settled for $1,375,000.
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$1.25 Million Settlement For Wrongful Death From Acute Pancreatitis
- Medical Malpractice
$1,250,000.00
We represented the wife and three children of a 40-year-old man who died
from complications of untreated acute pancreatitis arising from undiagnosed
Cushings Syndrome. Of note, the insurance company for the defendant doctor
refused to make a settlement offer until the trial began. During the trial,
the insurance company made its first settlement offer and continued to
increase its offer throughout the trial until the $1.25 settlement figure
was agreed to just before closing arguments began. The case was filed
in Virginia and was subject to the $1.5 million statutory cap on damages
applicable at the time.
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Settlement For Client With Major Orthopedic Pelvic Fracture
- Traffic Accident
$1,175,000.00
Our client was hurt in a head-on collision. The driver of another vehicle
had been speeding, lost control of his vehicle, crossed the double yellow
line, and hit our client's vehicle head-on. The collision caused major
injury to our client. He fractured his pelvis and dislocated his hip.
The injury required surgery, and necessitated the placement of 20 screws
to repair the fractured pelvis. Three weeks of hospitalization and in-patient
rehabilitation followed.
Our client's recovery was inspirational. Originally told that he was
too injured to ever be able to return to work, he proved everyone wrong.
Through an extensive rehabilitation program lasting over 16 months, he
returned to his former job.
The prosecution of the case had several notable events. The case was the
first one in which 3-D imaging technology was used to illustrate our client's
orthopedic injuries. Using the CT scans taken of the pelvic fracture,
a 3-D animation was created that showed the fragmentation and displacement
of the pelvis. Additionally, the case required protracted negotiations
in order to reach a fair resolution that provided proper compensation
to our client. The initial settlement offer from the insurance company
was for $500,000. After months of legal work, the offer was increased
to $750,000, and then incrementally to $1,175,000.
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Misread Mammogram Leads To $1.05 Million Settlement
- Medical Malpractice
$1,050,000.00
Misread Mammogram Leads To $1.05 Million Settlement.
We represented the estate of a 52-year-old woman who died from the metastatic
spread of her breast cancer. Years prior to the diagnosis of her breast
cancer, our client underwent two screening mammograms. The radiologists
who read the mammograms interpreted them as negative (not showing any
cancer). In fact, both mammograms showed the presence of early breast
cancer. As a result of the incorrect interpretation of the mammograms,
our client's breast cancer spread from her breast into other organs,
ultimately causing her death.
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$1.05 Million Settlement In Bacterial Endocarditis Case
- Medical Malpractice
$1,050,000.00
We represented a 39-year old gentleman who presented to his primary care
physician with signs and symptoms of an infection. A blood culture was
necessary to diagnose and treat his infection, but it was not done. Instead,
the doctor diagnosed our client with pneumonia instead of the blood-borne
bacterial infection that he had. When the patient reported to the emergency
department weeks later in significant distress, testing revealed that
our client had bacterial endocarditis, an infection involving the heart.
The failure to make the diagnosis earlier and to give antibiotics earlier
allowed the infection to progress to the point that our client suffered
a cardiorespiratory arrest, and required open heart surgery to implant
an artificial heart valve and a pacemaker. He will need lifetime treatment
with blood thinners, and cardiac monitoring.
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Cerebral Palsy Due To Placental Insufficiency
- Birth Injury
$1,000,000.00
Our infant client was born two weeks after her due date. She suffered a
brain injury, cerebral palsy, and a seizure disorder because her mother's
placenta had "run out of gas" and could no longer provide the
oxygen and nutrition that the baby needed. Here the OBs had notice that
the baby was not growing normally since the mother's fundal height
was smaller than it should have been. The small fundal height should have
led the OBs to deliver the baby on the due date. Had they done so the
baby would not have been injured. The case was settled for $1,000,000.00,
the cap at the time.
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Uterus Injury Following Hysteroscopy
- Medical Malpractice
$650,000.00
The plaintiff was a 38-year-old women who underwent a hysteroscopy to investigate
the cause of vaginal bleeding. It was alleged that during the hysteroscopy,
the gynecologist perforated both the uterine wall and the rectal wall.
The hole in the rectal wall allowed fecal contents to leak out and infect
the abdomen and pelvis. The plaintiff suffered a massive infection that
was life-threatening. When the infection was diagnosed, part of the treated
required the removal of the plaintiff's uterus. Liability was hotly
contested. The defendant claimed that the infection arose solely from
the perforation of the uterine wall, which was a known complication of
a hysteroscopy.
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Jury Verdict Against Chiropractor Who Breaks Patient's Ankle
- Medical Malpractice
$500,000.00
We represented a 43 year-old woman who suffered a broken ankle as a result
of the chiropractic manipulation of her feet and ankles. Our client originally
visited a chiropractor for back and hip pain. During the chiropractor's
examination of our client, he diagnosed her with excessive foot pronation.
None of his examination findings supported this diagnosis however. According
to the chiropractor's analysis, excessive foot pronation caused an
alteration in the patient's biomechanics resulting in hip and back
pain. Unfortunately, because the chiropractor failed to take an adequate
patient history, he did not appreciate that our client's back and
hip was related to a motor vehicle accident, and was not related to gait
abnormalities.
In an effort to treat excessive foot pronation, the chiropractor performed
a series of manipulations known as the Charrette protocol. During the
manipulations, a portion of our client's talus bone was sheared off,
resulting in condition known as a dispalced osteochondral defect. Our
client required surgery in an attempt to fix her injury. To date, surgery
has not been successful.
The case was tried to a jury in Fredericksburg, Virginia over the course
of three days. The jury awarded our client $500,000 for her injuries.
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Automobile Accident Case Settled For $500,000
- Traffic Accident
$500,000.00
We represented a 39-year-old man who sustained multiple bone fractures
and a severe infection in a motorcycle accident. Our client was injured
while making a left turn across traffic when he was hit by a car traveling
in excess of the speed limit. The case settled shortly after the deposition
of the defendant driver. The case settled for the full amount of available
insurance coverage.
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Automobile Accident Case Settles For $500,000 After The Discovery Of A Second Insurance Policy
- Traffic Accident
$500,000.00
We represented a 72-year-old woman who sustained multiple bone fractures
in an automobile accident. She was a passenger in a car that was broad-sided
by a speeding vehicle. During the case, it was learned that our client's
husband had two separate insurance policies with the same insurance company.
We argued that the policy limits of each insurance policy should be added
together (i.e. stacked). When the insurance company initially denied this
claim, we filed a Declaratory Judgment action. Shortly thereafter and
before the Declaratory Judgment action was tried, the insurance company
accepted our argument and offered to settle the case for an amount in
excess of single coverage.
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Jury Verdict In Case Involving A Misplaced Pacemaker Lead
- Medical Malpractice
$480,000.00
We represented the family of an 81-year-old woman who died following the
misplacement of a pacemaker lead. The decedent was diagnosed with a Mobitz
Type II heart block and was sent to Fauquier Hospital by her primary care
physician for evaluation and treatment. The implantation of a dual chamber
pacemaker was recommended, and the surgery was performed by Dr. Chirag
Sandesara. Instead of threading the pacemaker lead through the venous
circulation and into the right side of the heart, Dr. Sandesara inserted
the lead directly into the patient's aorta and into her left ventricle.
After the decedent was discharged home with the lead unknowingly in her
left ventricle, she suffered a heart attack and heart failure. Thereafter,
her health continued to deteriorate, and she died from her complications
a few months later. The case was tried to a jury in Fairfax County. The
jury found in favor of the patient, and awarded the family compensated
that totaled just over $480,000.
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Head-On Collision Case Settles For $425,000
- Traffic Accident
$425,000.00
We represented a 63 year-old woman who was injured in a head-on automobile
collision in Fairfax County, Virginia. The defendant fell asleep while
driving and crossed the double yellow line into the our client's lane.
As a result of the accident, our client suffered fractures in both of
her legs. Her right leg fractured required two surgeries, and resulted
in a permanent disability. Our client also suffered the re-onset of her
atrial fibrillation, which required more aggressive therapy to control.
The defendant only had $100,000 in insurance coverage. As a result, our
client had to pursue her claim against her own insurance company under
her underinsurance motorist (UIM) policy. The case settled a month before trial.
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Motor Vehicle Crash Victim Wins Jury Award
- Traffic Accident
$285,657.76
Mike represented a client injured in a motor vehicle crash in Fairfax County.
The crash resulted from the defendant running a red light, and making
a left-hand turn in front of his client's car. Mike's client suffered
a hangman's fracture of the C2 vertebra that did not require surgery.
The fracture did not heal perfectly however. A jury awarded $285,657.76.
A notable issue in the case is that our client's underinsured motorist
(UIM) coverage company, USAA, refused to make a reasonable settlement
offer. It offered only $2,500 in addition to a $100,000 settlement offer
from the defendant-driver's insurance company.
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Jury Verdict In Mild Traumatic Brain Injury Case
- Traffic Accident
$145,000.00
We represented a 53-year-old woman who was injured in a motor vehicle accident
in Fairfax County, Virginia. Our client's SUV was broad-sided by the
driver of a minivan who failed to yield the right-of-way. The accident
was witnessed by a Fairfax County Police Officer who testified that the
defendant driver was traveling at 5 mph. At the accident scene, our client
denied injury to the police officer. She did not seek medical attention
for two days. Ultimately, she was diagnosed with whiplash, injury to her
TMJ (temporo-mandibular joint) and a traumatic brain injury.
At trial, the defendant driver denied being at fault, and claimed that
our client suffered no injuries other than whiplash. The defendant called
two hired experts who had examined our client pursuant to court order.
These hired experts testified that our client did not suffer a traumatic
brain injury. Our client's treating physicians testified to the full
scope of her injuries.
After a three-day trial, the jury returned a verdict for $145,000.
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Car Accident Case Settles For Policy Limits
- Traffic Accident
$100,000.00
We represented a 33-year old woman who was injured in a four car accident
in Alexandria, Virginia. Our client was the third car in a chain reaction
wherein each car hit the car in front of it. As a result of the accident,
our client suffered a cervical disc herniation that required surgery.
Because the Defendant was only insured for $25,000, our client had to
look to her own insurance company for UM/UIM benefits. Her insurance company
offered its full limits of $75,000 ($100,000 minus the $25,000 insurance
of the Defendant) three months before trial.
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Settlement For Pedestrian Hit By Car In Virginia Parking Lot
- Traffic Accident
$100,000.00
We represented a female client who was hit in a shopping center parking
lot while walking to her car. As a result, she suffered a broken leg,
ligament damage to her ankle, and a torn meniscus that required surgery.
The driver who hit our client was inadequately insured to compensate our
client for her injuries. As a result, a claim was submitted under our
client's Underinsured Motorist Coverage (UM/UIM).
The case was settled for $100,000.00, which was the total amount of insurance
coverage available. The settlement occurred prior to the filing of a lawsuit.
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Hearing Loss Caused By Air-Bag Deployment
- Traffic Accident
Confidential
A recent client was involved in a car accident in Springfield, Virginia.
After sitting at a red light, he began to drive his car after his light
turned green. As he entered the intersection, his car was hit by an SUV
who was racing into the intersection in order to beat her red light. The
collison caused the deployment of the airbags in our client's car.
The noise associated with the air bag deployment damaged our client's
inner ear lining causing hearing loss at certain sound frequencies and
tinnitus (ringing in the ears). Through expert witness testimony, we were
able to prove that the airbag was the cause of the client's hearing
loss and tinnitus. A Fairfax County jury found in favor of our client,
and awarded damages.
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Client's Case Settles And Defendant Doctor's License Suspended
- Medical Malpractice
Confidential
On March 6, 2006, the medical license of Dr. Rene Alvir was suspended indefinitely,
for a period of not less than one year, by the Virginia Board of Medicine.
Dr. Alvir was a surgeon who performed a TURP surgical operation on a patient
represented by Tom Smith of Shevlin Smith. The Virginia Board of Medicine
found that conversative medical treatment (i.e. no surgery) would have
been the appropriate course of treatment for the patient. The patient
later died following complications from this unwarranted surgery. The
resolution of the underlying medical malpractice case was confidential
by agreement of the parties.
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Defective Knee Implant Case Settled For 40 Clients
- Serious Personal Injury
Confidential
We represented 40 clients who received a defective knee implant from a
leading orthopedic prosthesis manufacturer. Before sale to our clients,
the knee implants sat on a warehouse shelf for over 4 years, allowing
a key plastic component to oxidize. The oxidized component was unable
to withstand the forces imposed upon the knee implant once inserted into
the joints of our clients. As a result, our clients needed to undergo
an additional surgery to remove and replace the defective knee implant
with a larger new knee implant. The cases settled after the first day
of trial for a confidential figure.
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Dump Truck Accident Case Settlement
- Traffic Accident
Confidential
We represented a 46-year old gentleman in a motor vehicle accident involving
a dump truck. His vehicle was rear-ended by a dump truck on Route 95 in
Fairfax County. Our client suffered a cervical spine injury that limited
his ability to work and walk.