Personal Injury Verdicts And Settlements Totaling More Than $250 Million

$25.2 Million Jury Verdict
Failure to treat thiamine deficiency

16 CV 012056
Franklin County Ohio

Our client presented to a local hospital on several occasions with nausea and vomiting that prevented her from being able to eat. She was unable to eat for twenty-four days and lost sixty pounds in sixty days. As a result, she developed a deficiency in a vitamin called thiamine (B1) which can be depleted within three weeks by lack of intake. As a result of not being given a harmless, no-risk, inexpensive thiamine shot, she developed profound weakness in her lower extremities and will never walk again. If a physician suspects thiamine deficiency, the standard of care requires it to be given since a thiamine supplement poses no risks, and a thiamine deficiency can be deadly. Symptoms of thiamine deficiency include abnormal eye movements, weakness in the legs, and mental confusion. Administration of thiamine should be given prior to symptoms appearing and given to patients who are at risk for a deficiency. Malnutrition can occur in any patient with prolonged nausea and vomiting. The jury apportioned negligence to 42 individual health care providers attributing 9% of the negligence to the three defendant gastroenterologists in the case. Our client hopes this verdict will lead doctors to recognize the potential risks of thiamine deficiency and protect other people from these life-changing injuries. The jury returned a verdict in the amount of $25,172,526.

$9.475 Million
Failure to diagnose meningitis

The 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 the plaintiff to suffer brain damage. As a result, the 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.

$9.3 Million Settlement
Failure to treat Guillain Barre Syndrome

A young woman admitted to Ohio State University Hospital with Guillain–Barré 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 arrest resulting in brain damage. She is in a permanent vegetative or minimally conscious state requiring round-the-clock care.

$8.6 Million Jury Trial
case site
Failure to treat pseudotumor cerebri resulting in blindness

Watson vs Cahill
Franklin County 99 CV 002546

A middle-aged woman presented to her ophthalmologist with pseudotumor cerebri, a condition involving a buildup of cerebrospinal fluid pressure in the brain. If untreated, it can cause damage to the optic nerve and blindness. The doctor elected to treat her with drugs rather than a shunt, resulting in the patient losing most of her vision. The offer prior to trial was $125,000 for prejudgment interest, an additional $1.2 million dollars was awarded by the Court to the final settlement.

$4.3 Million in Settlements
Fentanyl overdoses in local hospital

Patients were overdosed with Fentanyl at the end of life. The massive doses of fentanyl were the cause of death and exceeded any amount that would be considered for pain control. Our firm retained top experts in the fields of palliative care, pharmacy and critical care.  We investigated to determine the root cause that would allow such massive dosing to go unnoticed in a hospital setting for many years.

$3.2 Million Jury Verdict
Failure to timely treat a blood clot resulting in amputation of arm

Harmon vs Mt Carmel
Franklin County 97 CV 000953

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 the amputation of her arm.

$2.8 Million Settlement
Medical negligence failure to diagnose blockage in coronary artery

A middle aged male had a follow-up appointment with his primary care physician for a blood pressure check and a complaint of upper quadrant abdominal pain. The ECG was performed and was read as “within normal limits.” However, the ECG was not normal. Two months prior to his death, he had his routine physical exam. He was scheduled for a follow-up appointment but never made it to that appointment. The ECG noted a nonspecific T wave abnormality that would render the ECG not normal. Based upon his symptoms alone, he should have been sent to the emergency room or referred for urgent cardiac workup. The cardiac workup would have revealed artery blockage.

$2.5 Million Settlement
Failure to recognize bleed

Young mother had plastic surgery consisting of breast augmentation, abdominoplasty, and a hysterectomy. This was on an outpatient basis. At discharge she has signs of bleeding internally. She even passed out when she tried to stand. She died at home a few hours later.

$2.325 Million Trial
Failure to diagnose spinal meningitis

A 4-month-old baby developed a fever. The pediatrician obtained bloodwork 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 amputations.

$2.1 Million Settlement
Failure to diagnose spinal abscess

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 paralyzed due to a spinal abscess.

$2 Million
Birth injury failure to manage pregnancy

A woman pregnant 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 was 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 and six days, and both survived. Both children have learning disabilities.

$2.1 Million
Failure to diagnose Wernicke’s encephalopathy

A 35-year-old woman had gastric bypass surgery. As a result, she had frequent episodes of vomiting, and her diet was affected. 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 a 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 where a diagnosis was made, but it was too late to prevent serious complications, that resulted in the inability to walk and a speech impediment.

$1.2 Million Settlement
Prejudgment Interest

Watson vs Cahill

We obtained a jury verdict of 8.6 million dollars and sought to collect prejudgment interest on the verdict. The court ruled that the Defendant’s insurance company negotiated in bad faith when they only offered $125,000 to settle the case prior to trial. With this ruling, we have been successful in obtaining prejudgment interest on other jury verdicts.

$2 Million Settlement
Medical negligence failure to diagnose leukemia

Our client visited his doctor where he underwent an incision of an external hemorrhoid. Bleeding concerns started the evening of the procedure. The doctor at The Ohio State University Medical Center told him that he would have some spotting, but he saturated the gauze – blood was “really soaking through more than 5 layers of gauze quickly.” He took baths (as recommended) and his wife noticed a reddish mark on the inside of his elbow on one arm. He called the doctor. Approximately six hours later, the doctor called back and our client and his wife explained to doctor that he was having shortness of breath and bruising so he stopped taking Tramadol and Oxycodone. His wife told the doctor that he was still bleeding but the doctor told her that “everyone heals at a different rate”. After speaking with the doctor, he took two Oxycodone and an Advil one hour later. Our client told his wife about a bad headache and “maybe he bumped his head”. There was no evidence of him hitting his head – no cut, bump, bruise, or mark that his wife noticed. He laid down on the bathroom floor and his wife called 911. The paramedics arrived at their house and transported him to a local hospital. Paramedics found our client “unconscious upstairs with agonal breathing”. A nursing assessment reported a large area of ecchymosis over the left upper arm and biceps, he was non-responsive, tachycardiac, nonreactive to light and intubated. A CT brain scan without contrast showed an intracerebral hemorrhage, traumatic hydrocephalus, and ICH in the cerebellar hemisphere. Assessment and plan reported a finding of acute leukemia with an “extremely poor” prognosis. “Patient clearly in DIC with acute Leukemia and clearly very critically ill.” He died shortly afterward. Our client had been experiencing signs and symptoms of Leukemia which were not recognized by the physician. If the physician had requested him to come in for an evaluation he could have been treated and survived.

$1.8 Million Jury Verdict
Failure to treat a subdural hematoma

Whitmer vs Zochowski
Franklin County 99 CV 5260

Our 35-year-old client was involved in a single car accident. He was brought to a local hospital for trauma care and treatment. He was initially intubated and sedated while testing was performed. Ten days later, surgery was scheduled by doctors, to repair his facial and nasal fractures. Prior to his surgery, he complained of an increasing painful headache/migraine. The records show that he had a new onset of 10/10 headache pain and requested the blinds be drawn to avoid light. In light of his increased head pain and the fact that he had suffered from subdural hematoma from the accident, doctors should have called neurosurgery for a consult. A neurosurgeon would have ordered a scan and could have done surgery to reduce the accumulation of fluid that was causing pressure on his brain resulting in brain injury. He should not have been taken to facial surgery as this would be extremely dangerous without first draining the expanding hematoma. The doctors, however, never told surgeons about the new symptoms. Our client never regained consciousness following the facial surgery. A CT performed indicated a large left posterior cerebral artery infarct with large subdural fluid collection over the left hemispheric convexity as well as secondary mass effect, with about 15 mm shift of midline to right, uncal herniation, brainstem deformity, and right lateral ventricular obstruction. Doctors performed a left craniotomy, but the patient never recovered and died. The jury deliberated over 2 days and brought back a verdict for our client’s family against doctors. The doctors appealed the decision to the Ohio Supreme Court and the decision in favor of Plaintiff was affirmed on appeal.

$1.74 Million Settlement
Medical negligence failure to diagnose epidural spinal abscess

Our client, a 77-year-old male, presented to a local emergency department with complaints of back pain and difficulty urinating. He reported that he had fallen at home the day before, and following this fall, he started experiencing back pain and the inability to urinate. The emergency department inserted a foley catheter, prescribed pain medications, and discharged him with instructions to return for any new or worsening problems. Following this visit, and with continued back pain, our client went to a urologist. At this point in time, he again complained of back pain and reported fevers, chills, blurred vision, and numbness/tingling. The doctor also noted that our client was confused and attributed this confusion to the pain medication that had been prescribed in the Emergency Department. The doctor started him on Tamsulosin and recommended following up in one week. During this office visit, the doctor did not perform a digital rectal exam (DRE) to evaluate our client’s prostate and rule out prostate cancer or prostate enlargement. Had the doctor performed a DRE, it would have revealed a normal prostate for a man of his age. A normal DRE in the presence of sudden, unexplained problems urinating, along with back pain, weakness, and a history of falling, should have prompted further investigation into the root cause of his dysuria. At this point, our client should have been referred to the Emergency Department, where a more-timely diagnosis of epidural abscess could have occurred. Instead, he was sent home where he deteriorated to the point of an inability to use his legs, and progressive weakness in his upper extremities. Ultimately, our client’s family called EMS later in the evening and he was admitted to the Hospital with subsequent transfer to a Columbus Hospital where he required surgery to address his underlying epidural abscess. Spinal epidural abscesses begin on the spinal cord and continue to grow. If not treated with antibiotics soon enough they can cause paralysis. Once symptoms occur, surgery is considered along with antibiotics to avoid permanency. Our client could not return home and resided in a nursing home, where he required 24-hour around-the-clock care.

$1.5 Million Settlement
Failure to manage blog thinner / Coumadin

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 bloodwork showed a high INR level. She died as a result of the stroke.

$1.5 Million Settlement
Failure to treat blood clots in mother after C-section delivery

Our client delivered her third child at a local hospital by c-section. C-section surgery is recognized to increase the risk of blood clots in the leg. Blood clots in the leg can travel to the lungs and cause death. To reduce the risk of blood clots, compression devices are put around the calves of the leg to simulate walking. The risk of blood clots does not go down until the patient is noted to be up and walking. In this case the nurses removed the sequential compressive devices immediately upon her arrival to the post-delivery floor. She had not yet walked at the time the devices were removed. The day after delivery she suffered a blood clot that traveled to her lung and she died. Pregnancy is a hyper clotting state and the risk of a pulmonary embolism is 4-6 times higher than normal. It is vital that steps be taken to prevent blood clots (DVT) until the new mother is completely ambulatory.

$1.45 Million Settlement
Medical negligence failure to diagnose brain tumor

A mother took her son to urgent care with complaints of headaches, particularly in the front part of his head along with right leg pain and weakness. A CT scan of the brain read normal but was actually abnormal. A rapid strep test also was negative. He was sent home with allergy medication. Within a few days things got worse. He was vomiting, had a high fever and pain and loss of feeling in his right leg. His mother took him back to the hospital and this time they admitted him. When the blood test results were read, it was relayed that his cell counts were elevated, but not enough to worry about. He was running a low-grade fever the entire time. He was not able to use his right hand to eat or perform other common tasks because he was losing feeling in his right-sided extremities. He was released and came back the next day unable to use his right arm throughout this admission. He was released again. The next day, he was lethargic, could not stay awake or move his right extremities. His mother called the squad, and they were taken back to the hospital. A CT scan was done of his brain showing a large intraparenchymal mass along with extensive edema and midline shift. He was taken into emergency surgery.

$1.3 Million Settlement
Medical negligence failure to read X-ray showing lung cancer

Our client presented with complaining of cold like symptoms, a productive cough, and congestion. His doctor ordered a chest x-ray. Chest x-ray revealed an apparent rounded opacity over right lower lobe may reflect right sixth rib end or composite. The doctor did not notify our client of this abnormal finding and did not order further testing, assessments, or referrals. After more than three years of continued doctor visits and complaining of similar symptoms, he saw the doctor for his cough. A chest x-ray was ordered that demonstrated a right lower lobe lung mass, measuring 4.2 cm. A left upper lobe lung mass was also noted. A chest CT confirmed these findings. Biopsies confirmed the presence of non-small cell lung cancer. Our client was referred to oncology where chemotherapy treatment was initiated. He also underwent radiation therapy. Our client has metastatic lung cancer which will ultimately take his life.

$1.2 Million Settlement
Medical negligence injury during brain injury

A 41-year-old suffered a mechanical injury due to an instrument that slipped during brain surgery. The patient sustained infarcts in the right and left tonsils, right medulla and pons due to compression or trauma to the right vertebral artery near the basilar artery. As a result, there were micro emboli spreading into the basilar artery and small branches into the pontine perforators on the right.

$1.2 Million Settled
Negligent exposure to Legionella wrongful death

A 70-year-old man presented to Ohio State Medical Center for routine bloodwork after cancer treatment for acute leukemia. Our client was not told that there was Legionella in the water supply and seven days later came down with Legionnaires’ disease. He drank from the water fountain that had tested positive for the bacteria. The nurses at Ohio State Medical Center were told to give the outpatients bottled water, but they did not instruct them to not drink from the water fountain. He became sick and eventually died from 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.

$1.2 Million Settlement
Failure to recognize signs of child abuse

Our client, a 20-month-old infant, presented to the hospital with a chief complaint of “vomiting blood.” He had been in the custody of his mother’s friends. Our client’s mother had, in the past, routinely left her son with them. Our client was eventually diagnosed with a brain bleed and suffered permanent injuries from the bleed. A week before his diagnosis, they visited the hospital ER when his grandmother noticed a bruise on the top of his ear. She discovered earlier that evening that a caregiver had become violent. At the time she took the history she did not know the significance of a bruise on the ear, but later through education learned it was a red flag for child abuse. The exam documented “purple bruise noted on R auricle”. The doctor testified that if she had been aware of the bruise on his ear, she would have asked more questions. No social worker was called during the emergency room visit. Our client left the hospital that day in the care and custody of same caregiver who abused him. Five days later, he was again hit on the head and arrived at the hospital with several head injuries consistent with shaken baby syndrome. It was determined that he had been left in the sole custody of the same caregiver. Studies show that a bruise on the ear is strong proof of child abuse. A bruise on the ear should be referred to Children Services and should be considered child abuse until proven otherwise. The emergency room physicians should have contacted Children’s Services.

$1.275 Million Settlement
Failure to timely diagnose Tuberculosis

Delay in diagnosis and treatment of Tuberculosis Meningitis of a 23-year-old student, resulting in significant brain damage, coma and subsequent death.

$1.125 Million Settlement
Two year delay in diagnosing lung cancer

A 69-year-old man was assured by his pulmonologist that a lung nodule, found on a CT, was a scar from a previous chest tube, 18 years prior. After two years, the patient was diagnosed with stage IV metastatic lung cancer.

$1 Million Settlement
Excessive use of Pitocin during birth delivery

Our client’s mother was in labor for over 2 days. She was experiencing contractions but her cervix was not dilating as expected. As a result, the physicians began using doses of Pitocin in attempts to get the cervix to dilate. The Pitocin was continued in spite of non-reassuring fetal heart tracings. The overuse of Pitocin however led to a birth injury to his brain. He sustained mild deficits from the trauma to his brain which occurred due to repeated contractions caused by the Pitocin.

$1 Million Settlement
Failure to do follow up treatment

Young girl could have received new treatment for a rare disease however the patient had previously been discharged from the hospital and was not contacted concerning the development of a new treatment protocol. She had been lost to follow up. The patient died without the treatment.

$900,000 Settlement
Medical negligence in managing preeclampsia

Our client delivered a baby and three days later began to complain of headaches, along with an elevated blood pressure. On the morning of a Friday, before our client could call the office, she was called by the nurse and advised that her urine showed bacteria. An antibiotic was called into the pharmacy. She communicated concerns about her elevated blood pressure and headaches during this phone call. The nurse she spoke with stated she would talk to the doctor and call her back. She received a call back from the nurse instructing her to monitor her blood pressure and to contact their office on Monday if her blood pressure continued to remain elevated above 150 throughout the weekend. Our client then stated that her current blood pressure was 195 and the nurse repeated the previous instructions that if her blood pressure stayed above 150 throughout the weekend, to contact the office on Monday. Around 2:00 a.m. on Saturday, EMS transported our client back to the hospital for care and treatment of a right basal ganglia intra cerebral hemorrhage as well as elevated blood pressure. Our client had suffered a stroke from uncontrolled blood pressure.

$900,000 Settlement
The Ohio State University Medical Center cancer patient dies from a pulmonary embolism

A cancer patient experienced shortness of breath upon standing and reported the symptoms to his oncologist, who ordered labs that can check for blood clots. The lab value came back indicative of blood clots, but the patient was never told of these values and died thirteen days later from a massive pulmonary embolism.

$925,000 Settlement
Negligence in failing to diagnose breast cancer

Delay in diagnosis of breast cancer of a young wife and mother.

$850,000 Jury Verdict
Negligence in setting broken arm

White vs Gittens
Franklin County 05CV13895

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 prior to trial was rejected. The case proceeded to trial.

$650,000 Settlement
Wrongful death in jail

Death of an inmate, following deliberate indifference by jailhouse staff and the failure to timely treat diabetic ketoacidosis, resulting in renal failure and death.

$502, 344 Jury Verdict
Physical therapy negligence

Our client had an appointment with an orthopedic specialist for physical therapy. He arrived for treatment and positioned himself for care on the Dynatronics treatment table. During treatment, the therapy table was lowered by a physical therapy assistant. As the table was lowered, his bilateral middle fingers were wedged between the scissoring pieces of metal. Treatment was terminated. He yelled in pain and he was taken by EMS to a local emergency room. He was evaluated for lacerations to both hands. He was able to move all of his right fingers, except the middle finger. His left hand had a communicated fracture and soft tissue injury. As a result of these injuries, our client underwent surgical intervention for his open comminuted P1 fracture by doctors and was treated by a cage plate through dorsal exposure. He then began treatment with a hand specialist. Despite attempts at therapy, his finger remained stiff. Two months later, he had no significant changes since his first visit. He was still extremely stiff. The PIP was adherent with his extensors to his prior internal fixation. The offer prior to trial by jury was $0.

$625,000 Settlement
Amputation after foot and ankle surgery

Unnecessary and improper surgery on foot/ankle, resulting in the amputation of a limb.

$600,000 Settlement
Facial fire during surgery

A woman suffered severe burns to her face during a surgery when oxygen was ignited with a spark from an electric cautery instrument.

$590,000 Settlement
Air embolism after back surgery

A 17-year-old 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 information from the anesthesiologist who saw air going in the IV line in the boy’s arm. The surgery was quickly finished, and it appeared that the air had not caused a major problem. But six hours later, the young man suffered a clot stroke. Our expert 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 lower back. The air in all likelihood contributed to the development of a clot on the valve, which broke loose later that night. The stroke resulted in a significant loss of vision. This case was in Houston, Texas.

$507,000 Jury Verdict
Medical negligence failure to treat urinary incontinence

Sharrett vs Young
Franklin County 11CV594

A doctor routinely ordered blood work while serving as the primary care physician for our client. The doctor failed to respond to abnormal values revealed by this blood work.. At a later date, the doctor finally referred him to a nephrologist. Once the referral took place, and appropriate testing was ordered, it was simply too late to provide a positive impact on our client’s outcome. If a timely referral had been made by the doctor, our client could have, more likely than not, been treated for his urinary obstruction. This, in turn, would have helped preserve his kidney function and avoided the profound injury to his bladder, forcing him to catheterize himself three times per day for the rest of his life.

$597,583 Jury Verdict
Esophageal tear during intubation

Franklin County 11CV12941
Clark vs Grand Medical Center

Our client was intubated for surgery. During the intubation she sustained a small tear in her esophagus which healed up within two months. Such tears usually only occur with excessive force.

$500,000 Settlement
Nursing Home Negligence – Bed Sore

The firm settled a case against a local nursing home for $500,000 after a 54-year-old paraplegic developed a pressure ulcer and bed sore due to the nursing staff’s negligence in not providing pressure-relieving activities.

$400,000 Jury Verdict
Anal cancer

Franklin County 13 CV4290
Lemley vs Entsuah

Plaintiff had signs of anal cancer that showed up on a biopsy. There was a failure to communicate those findings to the patient. As a result the patient needed extra care and treatment to deal with the advanced cancer.

$500,000 Settlement
Failure to timely treat bowel perforation/obstruction

A 60-year-old man was at the hospital for a small bowel obstruction. He had a history of colon cancer and bowel resections. At approximately 5 p.m., he complained of 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 not have made a difference in the case.

$500,000 Settlement
Negligence in processing insurance claim resulting in injury

A 35-year-old man presented to the emergency room with dizziness and a headache. He was referred to a neurologist who ordered an MRI of his brain. He presented to the hospital for an MRI but was denied because his insurance was not activated. The health insurance company 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 the health insurer, which under ERISA law, was only responsible for the cost of the MRI. We then sued the insurance 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.

$425,000 Settlement
Patient Suicide

A 34-year-old man admitted to an inpatient behavioral health unit for suicidal ideation. The nursing staff and physicians failed to appropriately monitor the patient and create a safe environment for his care. The patient successfully completed suicide three days into his inpatient admission.

$400,000 Settlement
Fall from bed in hospital

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.

$400,000 Settlement
Cardiac surgery rupture

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 her the wrong drug, causing the woman’s heart to stop. The doctors reacted, saved 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 is unable to perform activities due to a decreased cardiac output.

$400,000 Settlement
Failure to recommend color cancer screening

The 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. The 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.

$400,000 Settlement
Medical negligence in managing a post-delivery bleed

Our client delivered a baby by c-section. After the c-section, her blood pressure remained low, which can be a sign of internal bleeding. The nursing department reported this to the OB/GYN, but she continued to order more blood products. This continued for 10 hours. Our client was groggy and not recovering as expected. Her husband demanded that she be transferred out of the local hospital to a Columbus hospital. By this time, the local hospital had run out of blood products and there was concern she was not stable enough to endure the helicopter flight. Upon arrival at the Columbus hospital, she underwent immediate exploratory surgery to repair a bleeding artery. She was very close to death and saved by the surgeons at the Columbus hospital. If her husband had not insisted on the transfer, the results may have been drastically different.

$400,000 Jury Verdict

Franklin County 14CV4013
Jenkins vs Grawe

Our client had reconstructive breast surgery. The physician was called about increased swelling. The physician ordered the attachment of leaches to the breast in an attempt to suck out blood instead of reconnecting the veins to establish outflow. As a result, the breast was lost due to ischemia.

$374,000 Jury Verdict
Medical negligence by radiologist read of a fracture

Franklin County 10CV303
Archer vs Haas

Our client was injured, and his arm was broken. The car he worked on had collapsed on him. He was taken to the emergency room and was x-rayed. A radiologist failed to see a fracture in the area of his arm. As a result, there was a significant delay in diagnosis.

$390,000 Settlement
Failure to recognize signs of internal bleeding

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.

$300,000 Settlement
Failure to monitor INR levels

An 83-year-old woman was on Coumadin to prevent blood clots. She was discharged from the hospital after a valve replacement surgery. She left the hospital for a short stay at a nursing home. The nursing home was to draw blood 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 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.

$270,000 Settlement
Failure to recognize suicide risk

A 67-year-old man was brought to the emergency department via law enforcement after making statements to his wife about suicide. Patient was assessed to be a low risk for suicide, discharged to his home, and hung himself three days later.

$1.025 Million Settlement
Yard Sweeper Remote Control Failed

A Machine Operator who was injured when a yard sweeper’s remote control failed, causing the operator to be struck by another piece of equipment. When struck he fell to the ground entangling his leg in the yard sweeper.

$700,000 Settlement
Improperly Maintained Equipment

A Railroad worker was injured when he was struck by a forklift with improperly maintained brakes.

$575,000 Settlement
Obstruction on Railroad Tracks

A Locomotive Engineer was thrown against the walls of a locomotive when the locomotive collided with an obstruction on railroad tracks.

$500,000 Settlement
Obstruction on Railroad Tracks

A conductor was thrown against the interior walls of a locomotive when his locomotive struck an obstruction on railroad tracks.

$400,000 Settlement
Defective Break Stick

A conductor was injured when a defective break stick was given to him to tie a handbrake. The defective break stick slid apart tearing his shoulder.

$6 Million Settlement
Products liability defective pan

The defective handle on the pot broke, allowing boiling water to spill on the toddler, causing third-degree burns over 50% of his body.

$1.5 Million Settlement
Gun defect causes injury

Our client, 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 his 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.

$1 Million Settlement
Product liability / handgun

Handgun case tried to jury. As the jury was deliberating, the case settled. A young man sustained a severed sciatic nerve. The gun discharged after the clip was removed, while clearing the chamber. The firearm was defective in its design and warnings.

Millions in Settlements
Asbestos exposure

Settlements in excess of $1,000,000 for multiple claims involving exposure to, and resulting injuries from asbestos. Attorney Abraham argued before the Ohio Supreme Court, seeking a change in the law so it would be more favorable toward the victims of asbestos-exposure related injuries.

We have also settled additional individual asbestos cases, involving cancer and other lung diseases with millions in recoveries.

$910,000 Settlement
Gun defect

Defective product case wherein a .50 caliber upper and AR-15 lower receiver and ammunition exploded during discharge, causing significant injuries to Plaintiff’s hand and forearm. This required several surgeries and extensive physical therapy. It was later determined that defective design and modified component parts were contributory to the failure.

$725,000 Settlement
Defective truck

Delivery driver sustained injuries to his wrists and left elbow. After a defective hinge pin, which operated the liftgate of the delivery truck, upon which he was standing, broke and caused him to fall approximately 4 feet to the ground. It was later determined that a defective weld in the pin caused the hinge to fail.

$550,000 Settlement
AFFF foam exposure

Firefighter sustained direct exposure of AFFF foam to his eyes and face, when a firetruck’s turret malfunctioned during a fire-fighting exercise, allowing the foam to spray inside the cab, where the firefighter was seated. It was later determined that the turret had been improperly maintained and repaired, just weeks prior to this event. The firefighter suffered permanent eye damage because of his injuries.

$450,000 Settlement
Metal crutch fails

An elderly man 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.

$425,000 Settlement
Defective gun explosion

Our client was the target of a shooting with a muzzleloader when it suddenly exploded, causing severe damage to his face, mouth, and right eye. The accident destroyed his right eye as well as causing 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.

$250,000 Settlement
Loss of partial vision from gun defect

Product liability case involving a muzzleloader gun in which the nipple that was holding the firing cap exploded from the rear of the rifle upon firing, causing loss of vision in the shooter’s eye. Disputed liability.

Jury Asked to Return a $60 Million at Trial
case site
Natural gas explosion in home

A young woman was injured in a natural gas explosion that occurred in her home. She suffered severe burns to arms and face. There was an uncapped gas line that had not been discovered in an inspection of her rental apartment. Uncapped gas lines are a major cause of explosions in the home. Often homeowners will disconnect a gas appliance and just use the shut off value to stop the gas from exiting the pipe. All gas lines should be traced to confirm that the line is either attached to an appliance or a cap is on the end of the line. In this case an uncapped gas line in our client’s rental apartment did not have a cap on the line. When a furnace repairman opened the valve in the basement while trying to fix a furnace, the gas permeated the room and exploded when a scented candle was lit due to the odor of the gas. In opening statements, we asked for $60,000,000 dollars. The case settled 10 days into trial for a confidential amount.

$2 Million Settlement
Work related fall from fork lift

The 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 the plaintiff to the right height, but the wooden crate shifted and fell, causing the plaintiff to land on his head and suffer severe head trauma. The plaintiff was rendered permanently disabled and required a tracheostomy.

$1.65 Million Settlement
Elevator malfunction wrongful death

Crush injury, resulting in death from improperly maintained elevator in a shopping center. Elderly lady became pinned in a service elevator, when she became wedged in-between a shopping cart that she was pushing and the floor of the elevator, as the elevator continued to lower, crushing her to death.

$1.675 Million Settlement
Explosion

A mechanic was involved in an explosion in his employer’s garage. The driver of the truck that was transporting hydrocarbons negligently started the vehicle without properly venting the garage. He left the vehicle parked in the heated garage to thaw, after a valve had frozen shut. There was an explosion, and the mechanic sustained multiple injuries to his spine and legs, requiring multiple surgeries and several years of physical therapy.

$950,000 Settlement
Gas explosion in home

Premises liability case against the 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.

$950,000 Settlement
Slip and fall resulting in death

A middle-aged woman attended a meeting at the hospital, slipped and fell while exiting the restroom. Two days later, she developed a blood clot in her leg, which resulted in her death.

$750,000 Settlement
Pond near drowning

A young girl nearly drowned in a recreational lake resulting in a learning disability. The plaintiff alleged a premises liability claim for failure to provide adequate lifeguards and defective design of the premises. Liability was disputed.

$750,000 Settlement
Defective balcony wrongful death

Defective balcony railing allowed a toddler to slip between the railing, falling to the ground below and sustaining significant head trauma, resulting in death. The toddler fell through defective balusters, from a second-story apartment complex’s balcony. The toddler sustained massive head injuries and subsequently died from her significant brain and head injuries.

$360,000 Settlement
Assault due to negligent security

A handicapped woman was assaulted in her apartment due to a lack of adequate security, sustaining permanent psychological injuries.

$300,000 Settlement
Injury from falling tree

A 30-year-old plaintiff was severely injured when he was struck by a falling tree being trimmed by a neighbor. After taking a chainsaw next door to loan to the neighbor, who was engaged in cutting down the tree, the 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. The plaintiff needed reparative surgery and endured many months’ recuperation, as well as having to change employment to more sedentary work.

$225,000 Settlement
Injury from defective steps

Our client fell down the basement stairs of a rented property. She sustained an injury to her elbow. The stairs had a loose step. Liability was disputed.

$5 Million Settlement
Truck collision

A semi-truck collided with our client’s car on an interstate highway. The impact was severe and resulted in a wrongful death.

$2 Million Settlement
Guardrail in work zone amputation/auto crash worthiness

The 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. The lawsuit also alleged the truck was not crashworthy and contributed to an intrusion into the drivers compartment causing the injuries.

$1.8 Million Jury Verdict
Truck collision wrongful death

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. The offer prior to trial was $50,000. The jury deliberated 6 hours before reaching a verdict. The case was brought on behalf of two minor children.

$1.8 Million Jury Trial
Fatal head on collision

A 65-year-old grandmother was killed when a young uninsured driver drove left of center, colliding with the plaintiff’s car. The defendant fled the scene and was later apprehended. Our client had just retired from her employment.

$1.8 Million Settlement
Car train collision

A high school senior suffered brain damage when his car was hit by a train in Hilliard, Ohio. The railroad crossing had lights but no gates. The crossing had sight restrictions, making it difficult to see an oncoming train. The case settled just as the jury was being empaneled. We claimed the crossing should have had gates since it was a few yards from a high school and the lights in the background caused confusion in determining if a train was approaching.

$1.5 Million Settlement

The 911 call system failed to properly identify the location of an emergency and the call operator failed to confirm the proper address. As a result a little girl who had an asthma attack died because of the delay in the squad arriving.

$1 Million Settlement
Car collision wrongful death

Side impact, causing multiple severe injuries to elderly passengers, which resulted in her death days later.

$1 Million Settlement
Truck car collision / wrongful death

A semi-truck failed to yield while turning left, impacting a passenger vehicle. That vehicle became entrapped under the semi and was dragged for several yards, resulting in death to the driver.

$1 Million Settlement
Auto accident / wrongful death

Settled pre-suit. A young man was struck and nearly decapitated, when a semi-truck was merging onto a highway during an extremely foggy morning. Once the semi-truck driver struck the decedent’s vehicle, the vehicle became entangled in the undercarriage of the semi-truck. The semi-truck driver continued to drive for many miles, crossing over state lines, prior to being stopped by police.

$950,000 Settlement
Wrongful Imprisonment

Derris Lewis vs City of Columbus

A young man was accused of murdering his twin. He was imprisoned for 18 months before it was discovered that police had mishandled some fingerprint evidence. The police mistakenly assumed there was a bloody fingerprint however the fingerprint was already on the wall before the blood splattered on the wall. Our client was completely exonerated and sought damages for the false accusations and imprisonment.

$810,000 Settlement
Auto accident / wrongful death

Semi-truck collision in which tortfeasor was driving at excessive speeds during hazardous conditions, while rounding a curve in the road. As a result of his recklessness, the tortfeasor was unable to see Plaintiff’s disabled truck on the side of the road and struck the truck, causing Plaintiff to be thrown many feet through the air and into a snowy embankment. Plaintiff sustained massive head and chest injuries and subsequently died from his injuries. It was determined that the tortfeasor had a history of recklessness and had not been properly trained regarding semi-truck driving safety.

$750,000 Settlement
Wrongful death drowning

Pre-suit settlement. Wrongful death of a 53-year-old female who drowned while white-water rafting under the supervision of a rafting guide who was intoxicated.

$700,000 Trial
Truck car collision nonfunctioning tail lights

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.

$650,000 Settlement
Ankle injury from auto accident

An elderly woman sustained a broken ankle with some permanency of limitation in movement when her vehicle was struck head-on by an oncoming vehicle.

$500,000
Uber driver injures passenger

The Uber driver was negligent in failing to ensure no one was around his car when he took off. A pedestrian was severely injured. Uber and Lyft provide insurance that covers the injury to passengers. These injuries can occur because of an Uber or Lyft driver or due to the negligence of another driver while occupying an Uber or Lyft car.  

$500,000 Jury Verdict
Truck car collision low speed impact

Low speed rear-end collision truck accident. The plaintiff suffered an injury to his spine, and doctors testified he needed a disk fusion. $5,000 in medical bills. Proximate cause disputed.

$500,000 Settlement
Negligence wrongful death bicycle accident

A man was riding his bicycle and was struck by a 32-year-old who was driving under the influence of alcohol.  The driver’s failure to yield and driving under the influence of alcohol were contributing factors that led to the fatal crash.

$400,000 Settlement
Car collision

A husband and wife in their 50s were severely injured in a head-on collision after the vehicle that struck them from behind forced them 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 a knee replacement. He also suffered from several fractured teeth that resulted permanent dentures.

$250,000 Jury Verdict
case site
Thumb injury in auto accident

A young woman injured her thumb in an auto accident. The thumb injury interfered with her career as a hairdresser.

Confidential
Personal injury / wrongful death

Decedent was shot and killed when an off-duty police officer was brandishing his firearm while intoxicated. When he attempted to show decedent how to disarm an assailant, the firearm discharged, shooting the decedent in the head and killing him. It was later determined the off-duty officer was already being investigated for other allegations of misconduct and had a history of disciplinary issues and reckless behavior with previous law enforcement agencies. It was further determined that he had not been properly trained as a law-enforcement officer.

Confidential Settlement
Personal injury / wrongful death

Police excessive force and shooting death of a young man, resulting from a case of mistaken identity. It was later determined that the officer had a history of disciplinary issues and had not been properly trained.

$22 Million Settlement
Class action

The partners of Colley Shroyer & Abraham acted as local counsel in a class action settlement against a manufacturing company. They recovered on behalf of their clients for injuries and property damage sustained by surrounding neighborhood residents due to plant explosion, air and ground pollution.

$1.3 Million Settlement
Class action for wages/benefits

Class action settlement in employment law case against a 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.