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Personal Injury Verdicts

June is National Safety Month.  One of the thing National Safety Month recognizes is staying safer on the job and in the home.  Here are a few examples of safety related cases our Akron lawfirm has handled. 

Science Experiment Explosion and Burn Injury: Two high school girls were seriously burned  during a science experiment explosion caused by the teacher.  Science teacher failed to perform experiment properly; failed to take adequate safety precautions; failed to provide safety equipment to students during the experiment;  and had not been adequately trained in conducting science experiment or in how to take adequate safety precautions. An 8-figure settlement was achieved. 

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Failure to Diagnose Pulmonary Embolism

A 40-year old female had difficulty breathing due to a pulmonary embolism which had not been diagnosed.   She sought care from her family doctor, urgent care facility and emergency room.  None of these providers recognized the signs and symptoms of a pulmonary embolism, which is a blood clot in a main vessel of the lung, which often can be a fatal condition, if not timely diagnosed.  Tragically, the patient died at home.   A confidential settlement reached.

Facts to know:

What is a Pulmonary Embolism? A condition in which one or more arteries in the lungs become blocked by a blood clot. 

How to Diagnose: Medical lab test

Common Symptoms Include: Shortness of breath, difficulty breathing, chest pain, lightheadedness, dry cough

Immediate treatment and diagnosis is required!

 

Hyperextension of neck during surgery results in stroke and brain injury

Akron, Ohio Surgical Negligence Case – The patient underwent surgery to remove a growth in his neck.  During the procedure, the patient’s neck was hyper-extended thereby causing the vertebral arteries to collapse which deprived the brain of blood supply and caused a stroke.  A significant settlement was reached.

Laparoscopic Gallbladder Surgery Negligence

Our firm has handled a number of laparoscopic gallbladder surgery cases where patients have suffered preventable injuries to include: transected or cut common bile duct, bowel injuries, veins and arteries, roux en y reconstructive surgeries, stricture, etc.  We have successfully resolved nearly all of these cases.


Failure to Diagnose Germ Cell Lung Cancer

47 year old male had developed germ cell (testicular cancer) which had gone undiagnosed for nearly one year, despite having complaints of a chronic cough.  Physicians failed to order a routine x-ray to evaluate the chronic cough and to determine the cause.  Germ cell cancer was (and continues to be) a very treatable form of cancer.  Unfortunately, patient went into respiratory arrest and died.  Claim was successfully resolved.

Obstetrical Negligence Results in Death of 40 Week Old Baby

Mother, who was nearly 40 weeks pregnant, presented to the hospital labor and delivery when she believed that her water had broken at home.  Labor and delivery staff evaluated mother and baby and sent mother home advising that her water had not broken, that fetal heart tracing was normal and to return to hospital if contractions increased in severity and frequency (patient was already contracting 3 to 4 times a minute).  Patient went home and returned the next morning with contractions that had increased in intensity.  When patient arrived, baby’s heartbeat could not be obtained and an emergency C-section was performed, but baby was stillborn.  Labor and delivery physician and staff had negligently interpreted the fetal heart tracing, which showed multiple late decelerations, and failed to appropriately evaluate conflicting test results and findings regarding the patient’s status of membrane rupture.   The medical malpractice and wrongful death claims have been successfully resolved.

Misdiagnosis and Delay in Diagnosis of Lung Cancer

A 42- year old male was evaluated by pulmonary specialist for a lung mass that was suspicious for cancer.  The lung specialist failed to perform a complete the work-up of the patient and failed to make a definitive diagnosis of the of the mass that had been found on CT scan.   However, the patient was told that he did not have lung cancer.   After 34 months, the patient returned to the doctor with complaints of coughing up blood.  The diagnosis of a terminal Stage IV lung cancer was made, which was inoperable and incurable.  The Defendant claimed that he was not negligent, that the patient did not have lung cancer when he had first seen him nearly 3 years earlier and/or if he did have lung cancer, that his life expectancy would still have been the same. After a 5 day trial, the jury returned a verdict for the patient and his family in the amount of $2.3 million dollars.

Failure to Treat Heart Attack in Emergency Room

A 56 year old gentleman went to the emergency room with complaints of pain and difficulty breathing. He was told to wait in the waiting room after the triage was completed, he continued to have these symptoms.  His family doctor was contacted who then intervened and requested that an EKG be taken.  The EKG was taken and he was asked to wait in the waiting room again.  The EKG indicated that he was in fact having a heart attack; however the information was not timely provided to one of the ER doctors.  The patient then had a heart attack in the waiting room which resulted in his death.  A substantial settlement was reached prior to trial. 

Podiatrist's Negligence Results in Bone Infection and Aggravation of Multiple Sclerosis

A 58 year old female who was previously diagnosed with MS had scheduled an appointment with a podiatrist for an ingrown toe nail.  The evening prior to the operation, the podiatrist office was contacted by the patient to advise the office that she had an infection.  She was told to come in to have the operation and that the infection would not be a problem.

The podiatrist did perform the procedure the following day and as a result of the infection, the patient developed osteomylitis (bone infection) which then in turn aggravated her MS.  As a result of the aggravation, she was not able to walk without the assistance of a cane or walker; she was unable to do many of her job duties and had to quit her position. 

A substantial confidential settlement was reached prior to trial. 

Defective Product & Product Liability Verdicts

A 68-year old male suffered adverse side effects from a particular blood pressure medication which suddenly caused a loss of hearing in one ear.  Manufacturer failed to warn of the risks of medication.  A settlement was reached.

An individual purchased a brand new recliner. While  taking the recliner out of its packaging, the recliner chair suddenly retracted causing significant lacerations of tendons and fingers. A settlement was reached.

A 14 month old infant was crushed when an entertainment center tipped over and fell on top of her. Tragically the infant died at the hospital from extensive fractures to the skull and brain trauma. A claim was pursued on the basis that the entertainment center was defective in design and posed a serious danger and a tip over hazard. Settlement achieved.

Carbon Monoxide Poisoning. A young man was occupying a motor home in which the propane gas heater exhaust was defective, causing the fumes to enter into the living space of the motor home. The man died. Settlement achieved.

Operator of a refuse truck suffered traumatic injuries and wrist fracture when he suddenly lost the ability to steer the truck and collided into a concrete median divider on the interstate. Investigation revealed that the front leaf spring had broken in half and caused the vehicle to go out of control. Further investigation of the maintenance records of the truck revealed that the spring had been replaced several days prior.  The leaf spring manufacturer had been selling the wrong spring for this particular vehicle. The installer then modified the leaf spring by adding one additional “leaf” prior to installing it.  However, this modification led to a weakening of the overall spring, compromising its quality and strength. The case was resolved against both the manufacturer and installer.

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