Verdicts & Settlements
The partners were local counsel in a class action settlement against a manufacturing company for personal injuries and property damage sustained by surrounding neighborhood residents due to plant explosion, and air and ground pollution.
A young woman admitted to Ohio State University Hospital with Guillain-Barre syndrome (GBS) developed breathing problems due to the condition. The resident physician failed to act upon an alarming blood gas study and instead went to lunch. The young college student suffered a respiratory attack resulting in brain damage. She is in a permanent vegetative or minimally conscious state requiring round-the-clock care.
A middle-aged woman presented to her ophthalmologist with pseudotumor cerebri, a condition involving a build-up of cerebrospinal fluid pressure in the brain. If untreated, it can cause damage to the optic nerve and blindness. The doctor elected to treat with drugs rather than a shunt, with the result that the patient lost most of her vision.
A woman admitted to Mount Carmel hospital for a hysterectomy developed a blood clot in her arm. The failure to timely diagnose and treat the clot resulted in amputation of her arm.
A 4-month-old baby developed a fever. The pediatrician obtained blood work but failed to recognize that the white blood cell count showed signs of a bacterial infection. As a result of the delayed diagnosis of spinal meningitis, the young boy suffered a loss of blood flow that ultimately required amputation of his feet and finger tips.
Experiencing neck pain, a middle-aged man went to the emergency room, where doctors discharged him without the benefit of a cervical X-ray. The next morning he awoke permanently paralyzed due to a spinal abscess.
A pregnant woman with twins presented to the emergency room with possible premature labor. She was 23 weeks pregnant. The physician did a vaginal exam and noted her cervix to be dilated at 2 cm. Because he did not check the chart, he did not know that two days prior her cervix was closed. She was sent home. She continued to call in, but the nurses did not tell her to come in. Three days later she came to the hospital dilated to 8 cm and in labor. The physicians initially stopped the labor with drugs, but the large dilation exposed the fetal sack and an infection occurred causing new contractions. The babies were born at 23 weeks six days and both survived. Both children have learning disabilities. The defense maintained that nothing could prevent premature contractions and that nothing the physician could have done would have altered the course of events.
A 35-year-old woman had gastric bypass surgery. As a result, she had frequent episodes of vomiting and her diet was effected. Approximately six months after the surgery, she developed ataxia (inability to walk) and vision problems. She was hospitalized for several weeks, but the neurologist could not determine what was wrong so he decided to discharge her to that nursing home. Prior to the discharge, she began to develop mental confusion. She had what is known as Wernicke's encephalopathy caused by a thiamine deficiency. All she needed was a shot of thiamine for immediate recovery. This disease is usually associated with alcoholics who don't eat and only drink. She was transferred to a state university hospital and a diagnosis was made, but it was too late to prevent serious complications including inability to walk and a speech impediment.
Plaintiff, a 64-year-old plumber, was sent on a job that required him to reach ceiling pipes that were some 20 feet off the floor. An employee of the company occupying the premises used a forklift with a wooden crate resting on the forks to lift plaintiff to the right height, but the wooden crate shifted and fell, causing plaintiff to land on his head and suffer severe head trauma. Plaintiff was rendered permanently disabled and required a tracheostomy.
Driver of a truck hit a guardrail, causing his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission.
A young mother was in a car accident with a dump truck. Liability was disputed. The defense claimed that the plaintiff ran the stop sign and failed to yield to the truck.
A 65-year-old grandmother was killed when a young uninsured driver drove left of center, colliding with the plaintiff's car.
A high school senior suffered brain damage when his car was hit by a Conrail train in Hilliard. The track had lights but no gates. The crossing had sight restrictions, making it difficult to see an oncoming train.
A 62-year-old woman was on Coumadin. Her INR level was monitored on a regular basis through regular lab work. Her INR level was found to be in excess of 9.0 yet the lab failed to communicate this value to the physician. As a result, she did not receive the necessary fresh frozen plasma and vitamin K needed to lower the INR on an emergent basis. She suffered a bleeding hemorrhagic stroke three days after her blood work showed the high INR level. She died as a result of the stroke.
Class-action settlement in employment law case against hospital for suddenly closing its doors without properly compensating workers. Successful recovery of wages, fringe benefits, health insurance premiums and reimbursement for covered medical services.
A 70-year-old man, presented to Ohio State Medical Center for routine blood work after cancer treatment for acute leukemia. Mr. Morris was not told that there was Legionella in the water supply and seven days later came down with Legionnaires' disease. Mr. Morris drank for the drinking fountain that had tested positive for the bacteria. The nurses at Ohio State Medical Center were told to merely give the outpatients bottled water, but they did not instruct them to not drink the water. Mr. Morris became sick and eventually died from the complications from the infection. The case was filed against the State of Ohio in the Ohio Court of Claims. The damage caps in the Court of Claims limit damages to $250,000 for pain and suffering.
Premises liability case against seller of house, gas company and plumbing repair company when a gas leak resulted in a house fire that killed a mother and two young children.
Plaintiff, a 5-month-old baby, was brought to his pediatrician with a high fever that did not resolve over the course of several days. His physician failed to comprehend the urgency of the baby's rapidly deteriorating condition and failed to take timely and appropriate action, resulting in a delayed diagnosis of meningitis that caused plaintiff to suffer brain damage. As a result, plaintiff suffers from deafness in his right ear as well as multiple developmental disabilities affecting his fine and gross motor skills and his ability to learn.
A 33-year-old computer tech broke his arm while Indian wrestling. He had surgery to fix the broken humerus and, in the process, the physician damaged the ulnar nerve. The offer of $100,000 was rejected.
A young girl nearly drowned in a recreational lake resulting in learning disability. Plaintiff alleged a premises liability claim for failure to provide adequate lifeguards and defective design of the premises. Liability was disputed.
A 30-year-old man ran into the rear of a water truck whose driver had failed to use turn signals. The plaintiff broke both legs in the automobile accident.
An elderly woman sustained broken ankle with some permanency of limitation in movement when her vehicle was struck head-on by oncoming vehicle.
A woman suffered severe burns to her face during a surgery when oxygen was ignited with a spark from an electric cautery instrument.
A 17-year-old boy from Houston, Texas, had back surgery for scoliosis. He also suffered from muscular dystrophy. The surgeon noted air bubbles at the surgical site in his back. The surgeon demanded to know from the anesthesiologist as to what was going on. The anesthesiologist to his surprise saw air going in the IV line in his arm. The surgery was quickly finished, and it appeared that the air had not caused a major problem but six hours later he suffered a clot stroke. The plaintiff's expert Dr. Friedman determined that the air for the vein had to have crossed over into the arterial system as evidenced by the fact that there was air in the surgical field in the low back. The air in all likelihood contributed to the development of a clot on the value which broke loose later that night. The stroke resulted in significant loss of vision. This case was venued in Houston, Texas. The defense claimed that the air embolus could have caused a clot stroke.
A 60-year-old man was at the hospital for a small bowel obstruction. He had a previous history of colon cancer and bowel resections. At approximately 5 p.m. in the evening, he complained of a severe pain in his abdomen. Later in the evening, his vital signs began to change. The nurse ignored the change in vital signs as she thought he was a hospice patient and was there to die. Upon a nurse change in the early morning hours, the new nurse saw the deteriorating condition of the patient and called the surgeons. Bowel surgery was done on an emergent basis, but he died after surgery. He had suffered a bowel perforation. The defense claimed that earlier intervention would have made a difference in the case.
A 35-year-old man presented to the emergency room with a dizziness and a headache. He was referred to a neurologist who ordered an MRI of his brain. He presented to the hospital for the MRI but was denied because his insurance was not activated. Medical Mutual claimed that his insurance paperwork was not in order. He again presented a week later to obtain an MRI and was once again denied due to insurance paperwork issues. A few days later, he suffered a stroke that resulted in significant injuries. We sued Medical Mutual that under ERISA law was only responsible for the cost of the MRI. We then sued the broker for failing to timely process the insurance paperwork and eventually settled the case. This is one of the first cases that brought this type of action against the insurance broker.
Low-speed rear-end collision truck accident. Plaintiff suffered injury to his spine, and doctors testified he needed disk fusion. $5,000 in medical bills considered by the jury. Proximate cause disputed.
Product liability case involving an elderly man who suffered from diabetes and had an ankle replacement. While recovering, one of the metal crutches he was using collapsed due to a defective adjustment pin, causing him to fall and re-injure the ankle with permanent partial loss of use.
Plaintiff was target shooting with a muzzle loader when it suddenly exploded, causing severe damage to his face, mouth and right eye. The accident destroyed his right eye as well as caused facial disfigurement, for which he required facial reconstruction and a prosthetic eye. He suffered lost wages and benefits and lost job opportunities, as well as losing his ability to engage in his favorite recreational activities.
A 76-year-old dementia patient entered the hospital for injuries because of a fall, and his family notified the hospital that his condition rendered him at risk for falls and that he required constant supervision. While hospitalized, he was left unattended and without a functioning bed alarm. He was found unconscious in his hospital room, having fallen and hit his head, and died from his injuries.
Husband and wife in their 50s were severely injured in a head-on collision after the vehicle that struck them was struck from behind and forced into their lane of travel by a driver who had not maintained an assured clear distance. Their injuries included the husband's severe knee fracture that will require knee replacement, as well as several fractured teeth that resulted in his having to wear dentures, and the wife's whiplash injury.
A 50-year-old woman presented to Ohio State Medical Center for heart surgery to implant a new lead for a defibrillator. In preparing her for the surgery, the nurse gave the wrong drug causing her heart to stop. The doctors reacted in order to save her life and proceeded with the operation. In attempting to dilate her vessels with balloons, they ruptured the vessel resulting in additional surgery. She now has a loss of ability to perform activities due to a now decreased cardiac output.
Plaintiff's decedent received regular care from a veteran's hospital. His physician there failed to recommend and schedule him to be tested for colon cancer, despite the fact that he was of an age where regular screenings were recommended. Plaintiff's decedent was diagnosed with and succumbed to colon cancer, which, had it been screened for earlier, would have been detected and could have been successfully treated.
A 65-year-old woman with significant health issues was in the hospital for a liver biopsy. One of the complications of a liver biopsy is bleeding. When she got back to the room, her vital signs began to change and her blood pressure was edging downward. She also complained of abdominal pain. A physician was not notified of these changes for approximately one hour. When notified, the physician immediately ordered a blood infusion. As they started to give her blood, she died.
A handicapped woman was assaulted in her apartment due to lack of adequate security. Permanent psychological injuries.
A 30-year-old plaintiff was severely injured when he was struck by a tree being felled by a neighbor. After taking a chainsaw next door to loan to the neighbor, who was engaged in cutting down the tree, plaintiff was returning to his residence when the tree landed on him, causing several fractures to his right leg and a vertebral fracture to his back. Plaintiff needed reparative surgery and endured many months' recuperation, as well as having to change employment to more sedentary work.
An 83-year-old woman, was on Coumadin to prevent blood clots. She was discharged from the hospital after a value replacement surgery. She left the hospital for a short stay at a nursing home. The nursing home was to draw book every three days and check her INR to make sure the Coumadin dosage was correct. The blood results came back on Thursday and showed she needed more Coumadin. Her INR was 1.5 when it should have been 2.5 or higher. The nursing home lost the lab report on Thursday but found it on Friday. They faxed it to the doctor at 5 p.m. on Friday, but the doctor had left his office and did not see it until Monday morning at 10 a.m. She had a stroke at 10:30 a.m. and later died. The defense claimed that the earlier use of Coumadin would have prevented the stroke.
A 35-year-old man presented to the emergency room with signs and symptoms of a heart attack. He was worked up and a heart attack was ruled out, but he still had pain in his chest. He was sent home, and the pain worsened. He went to a different hospital ER 12 hours later with a new symptom that includes shortness of breath. A CT exam revealed a dissecting aortic aneurysm. He died during emergency surgery to repair the aneurysm. The defense argued that the only way to have made the diagnosis was to do a CT exam on the first ER visit and that is not the standard of care as it is not practical to give everyone with chest pain a CT exam. Our expert believed D-dimer blood work would have shown formation of a clot that would have resulted in a CT exam.
A young woman injured her thumb in an auto accident. The thumb injury interfered with her career as a hairdresser.
Product liability muzzle loader gun case in which the nipple that holding the firing cap exploded from the rear of the rifle upon firing, causing loss of vision in the shooter's eye. Disputed liability.
Trip-and-fall down the basement stairs of rented property. Middle-aged woman sustained injury to her elbow when she fell down the stairs due to a loose step. Liability disputed.
A patron of hotel was climbing exterior steps to his room when he fell due to height variations in steps. He sustained a leg injury that substantially healed. Liability disputed.
Plaintiff, an avid outdoorsman, needed his arm to be reconstructed after he was injured by the explosion of a shotgun he was using to shoot clay pigeons. The explosion propelled a large portion of the left side of the gun and top of the breech into the plaintiff's arm, causing him to need extensive surgery and rehabilitation, and resulting in his lost wages and an inability to perform some tasks he had previously enjoyed.
Product liability crossbow case in which the limb of the crossbow delaminated during firing, causing injury to the shooter's eye. Disputed liability.
A 55-year-old man presented to Grant Hospital for a bone biopsy, which is a painful procedure. Unfortunately the hospital staff lost the bone biopsy. Mr. Walker decided to not go through the procedure again.