Medical Malpractice Winning Results*
$30 Million Jury Verdict for Incorrect Administration of Medication
Injury: A winning result for severe brain injury from incorrect administration of medication for a 5 year old boy in a Pediatric Hospital
Age of Patient at Injury: 5 years of age
Result: $30 Million Jury Verdict
Court: Philadelphia County, PA
Comments: Our clients suffered greatly from the incorrect administration and incorrect dosing of medication at a local Pediatric Hospital. The young child at issue has sustained life-altering brain injury from swelling of his brain. The Defendant doctors and hospital argued that they saved the child’s life and that any medical negligence in his care should be excused. Unfortunately this is a common defense in medical malpractice cases involving birth and pediatric injury. The jury trial lasted 3 weeks and the verdict came after another 5 days of deliberation. Our medical experts were able to demonstrate the clear medication error and the resultant harm to this child and his family. The jury clearly agreed awarding $30 million with $5 million in past medical costs, $10 million in future medicals, and $15 million in pain and suffering. This was among the highest medical malpractice awards in Pennsylvania. We were able to secure the future medical care needs of this child and hopefully we may prevent this tragedy from occurring to another child.
$9 Million Verdict for Misplacement of Ureter During Corrective Surgery
Injury: A winning result for a cut ureter, multiple surgeries, kidney infection and severe abdominal pain
Age of Patient at Injury: 30 years old
Result: $9 Million Jury Verdict
Court: Philadelphia County, PA
Comments: Our client was a young woman whose ureter was injured during gynecologic surgery. This is all too common during abdominal and gynecologic surgeries for women. During the attempted corrective surgery by her doctor, the ureter was cut. This injury went untreated for 2 days resulting in severe abdominal pain. When the problem was finally diagnosed, the doctor attempted a second surgical repair. Unfortunately the doctor incorrectly attached the ureter to the wrong side of the bladder, causing the patient to suffer reflux, as well as chronic kidney infections. At trial, the doctor testified that he was aware that improper placement of the ureter could lead to such complications but he failed to inform the patient of this. Our experts were able to prove the clear malpractice and surgical errors by the doctor which caused our client harm. The Defendants appealed the Verdict twice, resulting in 3 trials over the course of 7 years. $6 Million was ultimately awarded to our client and an additional $3 Million was awarded to her husband for the change in their lives from her injuries. Some law firms would have given up after the first Appeal and encouraged their client to move on. The Lewis Law Firm is different. Sometimes the fight takes longer than expected, but we stand committed throughout the process.
$7 Million Award for Child with Brain Injury Following Cardiac Surgery
Injury: A winning result for a hypoxic brain injury from anesthesia for a 6 year old girl in a Pediatric Hospital
Age of Patient at Injury: 6 years of age
Result: $7 Million Award
Court: Philadelphia County, PA
Comments: Heart breaking case of injury following anesthesia for a cardiac procedure at a Pediatric Hospital. The young child sustained life-altering brain injury from oxygen deprivation from approximately 8-11 minutes and is now venitlator dependent and non-commuicative. The Defendant doctor and hospital denied all liability and defended the care based upon the child’s prior cardiac history, a common defense in medical malpractice cases involving pediatric injury where the child has other congenital conditions -here a heart condition. Given her current state, the young girl has been deprived of the opportunity for future heart transplant, effectively shortening her life. After lengthy discovery, numerous depositions and following a good-faith Medidation with the parties, who will remain confidential according to terms of the agreement, we were able to secure the future medical care needs of this child and hopefully prevent this tragedy from occurring again.
$4.5 Million Verdict for Migraine Drug Interaction
Injury: A winning result for stroke and disability from interaction of commonly prescribed migraine medicine
Age of Patient at Injury: 49 years old
Result: $4.5 Million Jury Verdict
Court: Gloucester County, NJ
Comment: Our client sued for the stroke which left her paralyzed and confined to a wheelchair. She had chronic migraine headaches for which she was prescribed common migraine medications -Imitrex and Cafergot. Despite the frequency with which these medications are prescribed, they are strong narcotic medications which had the potential for a tragic drug interaction. Not all medication is safe when prescribed in combination with other medications. Our medical experts, a neurologist and a pharmacologist, proved that there was a medication error in the doctor failing to consider the potential drug interaction. Following 10 days of trial during which we presented clear medical testimony and evidence of the doctor’s malpractice, a NJ Jury awarded $100,000 for past medical expenses, $150,000 for lost wages, $445,000 for future lost wages and $600,000 for our client’s pain and suffering. She will never fully recover from her injuries but the lawsuit ensured that her medical needs will continue to be met into the future.
$2.1 Million Settlement for Delayed Diagnosis of Liver Cancer
Injury: A winning result following death from failure to timely diagnose and treat liver cancer
Age of Patient at Injury: 56 years old
Result: $2.1 Million Settlement at Mediation
Court: Philadelphia, PA
Comment: Our client was a successful businessman, husband and father who was being followed for Hepatitis B, a common finding in Korean men. The hospital and doctors who ran the monitoring program performed periodic MRI’s and blood tests to ensure that there was no progression of his disease. Tragically, the patient’s liver were misread for 2 years during which the opportunity to identify and treat the liver cancer was lost. The misdiagnosis was made worse by the fact that his doctor was not following these studies closely enough to notice when the tumors were finally found, resulting in additional delay in his diagnosis. The doctors and hospital argued that the cancer was too advanced to be treated even before it was diagnosed. This is a common defense in failure to diagnose cancer cases but it does not excuse clear medical malpractice which harms a patient. Had the diagnosis been made earlier, this patient was a good candidate for a liver transplant. Our client and his family agreed to Mediation because of the likelihood that he would not live to the conclusion of a trial. Our medical experts were able to clearly show the malpractice in reading and interpreting the MRI’s and the lack of any follow up by the patient’s Doctor. We successfully settled this case at mediation, however, our client tragically died shortly after the settlement, leaving his family to survive him.
$1.1 Million Settlement for Delayed Diagnosis of Breast Cancer
Injury: A winning result folowing death from metastatic (spreading) breast cancer
Age of Patient at Injury: 41 years old
Result: $1.1 Million Settlement
Court: Lehigh County, PA
Comment: In this sad case, our client’s family doctor did not recommend or refer her patient for surgical consult and biopsy despite presence of a lump. Our client did everything right, including self-breast examination and prompt reporting of her symptoms to her family doctor. Our client also received her recommended mammograms (screening tests for breast cancer). Unfortunately, her mammogram was was also misread as negative for breast cancer. The defense argued that she had an aggressive form of breast cancer and that it was too late to cure her even before it was diagnosed, a common defense in these cases. Our medical experts showed that there were clear violations of care by the family doctor and by the radiologist. We retained additional forensic expert help in this case to examine the medical records of the patient for alterations made after she had been diagnosed. With our medical and forensic experts we showed that these acts of negligence resulted in the lost opportunity for any cure from an aggressive form of breast cancer. Our client did not live to the time of her settlement and died at the age of 43. The Defendants decided to settle with the patient’s family instead of going to trial.
$1.25 Million Settlement for Death from Untreated Hepatitis
Injury: A winning result following the death of mother shortly after child delivery from complications of untreated hepatitis
Age of Patient at Injury: 28 years old
Result: $1.25 Million Settlement
Court: Philadelphia, PA
Comment: This sad case was brought by the husband and 1 year old infant who survived this young mother. The patient was Hepatitis B positive, a common finding in African Women and one which placed her at greater risk for complications, including liver cancer. While they knew her history and were aware of the risks, the OB/GYN Defendants and their practice did not perform simple testing to ensure that there was no change in their patient’s liver function after her pregnancy. Abnormal liver functioning was noted during her pregnancy but there was no follow-up by her women’s doctors after she gave birth. Because of the delay from the malpractice of these doctors, the patient tragically died within a year of giving birth to her first child from liver failure. Our medical experts were able to show the increased risk for this patient and the clear malpractice in her medical care. The doctors and their practice settled with the patient’s family instead of going to trial.
$1.2 Million Settlement for Death from Missed Pulmonary Embolism in ER
Injury: A winning resulf following death from pulmonary embolism following discharge from hospital by ER doctor
Age of Patient at Injury: 39 years old
Result: $1.2 Million Settlement
Court: Camden County, NJ
Comments: Our client was a husband and father of two young children at the time of his untimely death. Prior to his fateful emergency room visit he had recurrent symptoms of cough, shortness of breath and leg pain. The patient was seen by both his family doctor in the weeks preceding his death and was also seen in the emergency room of the NJ hospital where simple diagnostic studies were not performed. The patient died from a pulmonary embolism (blood clot to the lung) shortly after discharge from the NJ hospital’s emergency room, leaving his young family behind. Our medical experts were able to show that it was unreasonable for the doctors to have missed the clear signs and symptoms of a pulmonary embolism and to perform simple diagnostic testing or admit him to the hospital instead of discharging him. Unfortunately this decision to discharge patients from emergency rooms with symptoms is all too common. The Defendants settled with the patient’s family prior to jury selection.
$1.2 Million Settlement for Death from Missed Heart Attack in ER
Injury: A winning result following death of patient from massive heart attack following discharge by ER doctor
Age of Patient at Injury: 38 years old
Result: $1.2 Million Settlement
Court: Lehigh County, PA
Comment: Our client was a husband and father who was tragically mistreated. His wife and child brought suit against the ER Doctor, the Hospital and the patient’s family doctor for failing to recognize clear signs of an impending heart attack in this 38 year old male patient -complaints of chest pain and progressive shortness of breath. Many law firms would not have taken this case because of the reputation of the court for low jury verdicts, but the Lewis Law Firm is different. We felt very strongly about the malpractice in this case and felt personally for the family. The emergency room physician decided to discharge this patient within hours of his arrival ignoring that both his EKG blood test results were abnormal. This decision to not admit a patient to the hospital, even with symptoms, is common in emergency rooms. Our medical experts were able to demonstrate the clear malpractice by the emergency room doctor and were prepared to testify at trial. The patient’s devoted Widow requested that this case be settled to spare her children of additional trauma.
$850,000 Settlement with U.S. Govt. for Delayed Diagnosis of Ovarian Cancer
Injury: A winning result following death from delay in diagnosis of ovarian cancer
Age of Patient at Injury: 52 years old
Result: $850,000 Settlement
Court: U.S. District Court, Philadelphia, PA
Comment: Our client’s children brought suit for the death of their Mother from the delayed diagnosis of ovarian cancer. Ovarian cancer is a very treatable form of cancer when diagnosed early through simple laboratory tests, including Pap smears. Unfortunately the patient received her primary care and gynecologic care at a clinic funded by the U.S. Government which was not acting in accordance with appropriate standards of care. Despite continued bleeding and abnormal Pap smears, the patient was not referred to a surgeon or oncologist for further treatment. In fact, her primary care doctor and women’s doctor didn’t even discuss their examinations of her which would have led to a diagnosis. When she was finally diagnosed, it was too late for this patient to receive any treatment which would cure her of this very curable form of cancer. She died prior to the filing of our lawsuit. Suit was brought under the Federal Tort Claims Liability Act (FTCLA) on behalf of the patient and her surviving children. Our medical experts showed that the malpractice of the doctors was clear enough to force the government to settle this case instead of going to trial.
$800,000 Settlement for Failure to Diagnose Pediatric Problem
Injury: A winning result following permanent colostomy and cognitive impairment for baby
Age of Patient at Injury: 11 months
Result: $800,000 Settlement
Court: Atlantic County, NJ
Comments: Our client and his family brought suit for the failure of the hospital where he was delivered and the doctors attending to him to timely recognize and surgically treat a congenital bowel movement problem. We did not fault the doctors and hospital for not diagnosing the condition prior to birth, however, there were clear signs and symptoms of the problem supported by imaging studies taken during the hospitalization for his birth. By the time the problem was finally diagnosed, the infant had suffered from sepsis (infection) and shock resulting in brain injury and the need for a permanent colostomy. The potential for a complete reversal of colostomy was also lost during the extensive and numerous years of surgery required for this child who was 13 years old when the case was ready for trial.
$775,000 Settlement for Delayed Diagnosis of Advanced Abdominal Cancer
Injury: A winning result following the death of Patient from Stage IV abdominal cancer
Age of Patient at Injury: 55 years old
Result: $775,000 Settlement after Arbitration
Court: Philadelphia, PA
Comment: Our client was a 55 year old woman diagnosed with advanced (stage IV) abdominal cancer. It was known at the time of her fibroid surgery that she had an advanced cancerous tumor and that it was unlikely that she would ever be cured following her diagnosis. Most law firms would not take such a case, however, the Lewis Law Firm is different. We focused upon the fact that the Doctors and Cancer Hospital to which she was referred did not provide her with any specific treatment instead opting for a “wait and see” approach. The Defendants argued that she was going to die anyway so that any malpractice in her medical care did not matter. This is, sadly, a common defense in such cases and one with which we take issue. We were able to achieve this Settlement for the loss of 2 years of the patient’s life through persistence and through strong medical experts who argued that she could have survived an additional 2-3 years with surgery and proper cancer treatment with chemotherapy. While our client died during the course of this litigation her husband continued to honor her. Arbitration was successfully used to show the Defendants that the patient’s life had more value than they considered, resulting in this settlement.
$520,000 Settlement for Serious Injury from Dog Bite
Injury: A winning result for permanent nerve damage, disfigurement and serious injury
Age of Patient at time of Injury: 18 years old
Result: $520,000 Settlement at Mediation
Court: Philadelphia, PA
Comment: Demonstrating that the Lewis Law Firm will take cases which we feel strongly about on a personal level, our client was an 18 year old student working part-time at a veterinarian hospital and boarding kennel. The safety conditions for the kennel workers were so limited that it was inevitable that a serious dog bite would occur. There was no supervision on-site and no security cameras in the basement of the kennel where this brutal dog attack took place. Our client was attacked over a period of 20 minutes during which her bicep was torn from her arm and she received multiple bite wounds to her arms and legs. Our veterinary and animal behavior experts argued that the attack could have been shortened or prevented with proper training and safety equipment. Our client was left traumatized and with permanent nerve damage and disfigurement from this unprovoked attack. The Defendants argued that her medical care was paid for by workers compensation. We were able to secure a significant settlement for her pain and suffering and permanent injuries at Mediation to enable her to go on with her life.
$488,000 Settlement from Bed Sore resulting from Hospital Malpractice and Nursing Care
Injury: A winning result for a sacral (lower back) bed sore aquired in hospital and requiring colostomy for a 25 year old paraplegic patient from Hospital malpractice
Age of Patient at Injury: 25 years of age
Result: $488,000 Settlement
Court: Camden County, NJ
Comments: Stage 4 bed sore (Hospitals like to call them “decubitus ulcers” because it sounds nicer) aquired by a patient who, a life-long paraplegic, was unable to turn himself in his own bed every 2 hours to prevent this “never event”. Completely absent from the patient’s chart was any nursing documentation that our client received proper care. As a result of the location of this injury and our client’s condition, he was required to have a colostomy, which he will have for life and which has impinged significantly upon his dignity. Part of the actual defense in this case was that our client was not harmed because he could not feel the bed sore. We hope that by bringing this matter, better documentation and more significantly, better care will be provided to patients in the future.
$450,000 Settlement with U.S. Govt. for Delayed Diagnosis of Prostate Cancer
Injury: A winning result for a radical prostatectomy (Prostate removal), radiation treatment with resulting sexual dysfunction and frequent urinary urge from doctor malpractice
Age of Patient at Injury: 46 years old
Result: $450,000 Settlement
Court: U.S. District Court for Lehigh County, PA
Comment: Our client was a veteran treated at the VA clinic by his family physician and his wife. Despite rising PSA levels (one potential indicator of cancer) and the higher rate of prostate cancer for African-American men, the VA doctor did not recommend additional testing or refer this patient to a Urologist. Doctors who see too many patients in the course of their practice are not always capable of providing the same level of care to each patient. Even a simple referral or ordering of a test may be neglected resulting in injury to a patient. Our experts were broadly critical of the care our client received by the doctor acting on behalf of the U.S. Government. The credibility of the VA Doctor was in dispute. The lawsuit was filed under the Federal Tort Claims Liability Act (FTCLA). Fortunately for our client he is currently alive 4 years after being diagnosed and treated with prostate cancer and will, hopefully, survive his prostate cancer.
$350,000 Settlement for Ureteral Injury Following C-Section
Injury: A winning result for an injured ureter during obstetric surgery resulting in multiple surgeries to repair, chronic urinary difficulty and urinary tract infection and pain and discomfort
Age of Patient at Injury: 37 years old
Result: $350,000 Settlement
Court: Lancaster, PA
Comment: Our client was a young mother who had a c-section with her second child. During the course of the surgery, her ureter was cut or stiched resulting in injury recognized during the surgery but not fully repaired at that time. She underwent multiple attempts at repair including robotic surgery and was left with all too common injuries of chronic urinary difficulty, multiple urinary tract infections and pain and discomfort. Ureteral injury is one of the most serious complications of gynecologic surgery. Less common than injuries to the bladder or rectum, ureteral injuries are far more serious and troublesome and are often associated with significant morbidity, the formation of ureterovaginal fistulas, and the potential loss of kidney function, especially when recognized postoperatively which is the case approximately 70% of the time. We were pleased that we were able to obtain a relatively quick settlement of this matter to offer our client who fortunately did not lose her kidney function, some relief from her suffering.
* Above are some of our many Winning Medical Malpractice results for our clients. This should not create an unjustified expectation that similar results can be obtained for you without regard to the specific factual and legal circumstances of your case.