Loading
Below are some of our settlements and verdicts for 2010.
Prior Results Do Not Guarantee a Similar Outcome. Each case or claim must be evaluated on its own merits.
Doctor's Mistake that Paralyzed Teenage Results in $10 Million Medical Negligence Verdict
The procedure proposed by Dr. Lindell was an anterior and posterior spinal procedure which was to be performed in two stages. The first stage was done on May 5, 1999 and was without complications. The second stage of the surgery was a posterior fusion of the bones in his back. Dr. Lindell performed the second part of the surgery on May 20, 1999. During the second stage surgery, a surgical instrument known as a pedicel finder plunged into the spinal cord, resulting in paralysis of Joshua’s lower body.
Attorney Jay Kelley and Stephen Crandall, of the Elk & Elk Medical Malpractice Team were successful demonstrating to the jury the negligence which occurred.
Brain-damaged girl awarded $9.8 million
J. M. Kelley III
$9.8 Million Medical Malpractice Settlement
A jury awarded $9.8 million to a 3-year-old girl who suffered brain damage at birth. Jurors concluded that Robinson Memorial Hospital was negligent.
Medication Error Results in $6 Million Medical Malpractice Settlement
J. M. Kelley III
Medication Errors Cause 7,000 Deaths Each Year $6 Million Settlement with Hospital
Medication errors have been estimated to kill approximately 7,000 patients each year. After intensive investigation, including more than 40 depositions, Elk & Elk obtained a $6 million settlement for the death of a client which was the result of a medication error. Only through aggressive discovery were we able to establish a punitive claim for the hospital’s repeated negligent conduct. Common medication errors resulting in the deaths of patients include administering the wrong dose of medication administering the wrong drug to the patient or administering the drug through the wrong route.
Medication errors may result when drugs are improperly labeled or packaged so that drugs with similar names and packaging get mixed up, and errors may result from overworked, under trained hospital staff. The deaths and injuries that result from these medication errors are usually preventable and should not occur.
According to Attorney Don Kral, the $6 million settlement not only provided compensation to the family members suffering through the wrongful death of their loved one, but it will also act as a deterrent preventing hospitals from allowing medication errors to occur and resulting in the creation of adequate safety measures to protect patients.
Acute Hypoxic Injury Caused by Medical Personnal Results in $5.3 Million Medical Malpractice Verdict
J.M. Kelley III
John Doe V. Unnamed Hospital et al
5.3 million dollar confidential result for a neurologically impaired twin. The first of two twins born suffered an acute hypoxic injury following a failure by medical personnel to appreciate the persistent fetal tachycardia (rapid heart rate) and a non-reassuring fetal tracing indicative of oxygen deprivation for an hour and forty-five minutes prior to delivery. The evidence bore out an acute insult either from the umbilical cord or a twin to twin transfusion caused an emergent situation at 7:15 pm, and went unattended, resulting in delivery at 9:06.
Utilizing of experts in obstetrics, neonatology, pediatric neuroradiology, placental pathology and pediatric neurology we established the medical need for intervention, and established with appropriate care this catastrophic outcome would have been avoided.
Additionally, through a certified lifecare planner and a PhD. in economics we demonstrated the exact cost of each item needed now and through the Childs lifetime. Following the resolution through annuities and a Special Needs Trust we ensured the child would have the benefits of the money and retain government benefits through his lifetime. This results in added funds and security for the child and his parents.
Undiagnosed Infection Results in Mother's Death During Labor Results in $4.8 Million Medical Malpractice Settlement
J. M. Kelley III
Woman dies during labor and delivery secondary to undiagnosed strep infection
The Plaintiff was a 33-year-old woman who was pregnant with her second child. She presented to the hospital during the course of the evening with signs and symptoms consistent with an ongoing infection. Furthermore, she disclosed both to her private physician and the staff that she had been exposed to strep throat during the course of the previous ten days.
Within the hospital the patient presented with signs in her vital signs consistent with infection. Through the course of the evening these findings included increased heart rate and decreased blood pressure progressed.
At admission a laboratory order was made for routine blood work. This was to include a “differential” which would demonstrate whether or not there was a new or seeding infection. Through discovery Plaintiffs were able to demonstrate that at 11:00 in the evening the laboratory reported an abnormal “left shift” which signified a significant ongoing new infection in the mother. The physician in charge denied the test was ever ordered nor that she was made aware of the same. She alleged this must have sat on a printer through the course of the evening as the patient’s symptoms progressed.
Conversely, the nursing staff described in detail that they received this differential and made the physician aware of the same. Unfortunately, no medical treatment was provided to the Plaintiff. At this point in time, Plaintiff’s experts demonstrated that not only should aggressive intravenous antibiotics had been utilized, but that with the same both the mother and child would have been healthy.
Through the course of the evening her symptoms progressed without intervention ultimately leading to fetal distress as the infection moved from the maternal system across the placenta towards the baby. An emergency cesarean section was performed and was able to save the baby without any ongoing harm. Unfortunately, the mother went into DIC, which is a blood clotting disorder secondary to the systemic infection. She was transferred to a tertiary care facility where she died shortly thereafter, leaving a husband and two young daughters.
Hospital Mistake that Caused Cerebral Palsy Ends with $3.9 Million Medical Malpractice Resolution
J.M. Kelley III
Jane Doe V. Unnamed Hospital
3.9 million dollar confidential resolution on behalf of a child with Cerebral Palsy from the birth process. This young girl suffers from Cerebral Palsy as a result of in-utero oxygen deprivation. The mother presented and was placed on fetal monitors that reflect the contraction pattern and the Childs heart rate in response to the forces of labor.
The monitors revealed a sinusoidal (wavelike) pattern was present for several hours. Sinusoidal patterns are a non reassuring manifestation of fetal stress from oxygen deprivation. Unfortunately, the hospital's personnel failed to respond. This delay created permanent injury in the Child’s brain, resulting in the need for a lifetime of care.
The goal of any settlement for a child requiring assistance in their activities of daily living is to ensure the necessary quality of medical care is available throughout their life and providing the equipment and staff to maximize their independent functioning in their home and/or community. This resolution will provide all of those needs for this young girl throughout her life.
Obstetrician Makes Mistake Resulting In Cerebral Palsy Of An Infant Resulting In A Jury Verdict of $3.3 million
J. M. Kelley III
Marcus Butler is now 15 years old. His mother, Wanda Butler, for 15 years had been suspicious that something went wrong during his delivery. Marcus was a twin and his brother was born perfectly normal. The obstetrician, Adolph Harper, had always reassured her that cerebral palsy is sometimes a complication of any delivery.
It was during a meeting with a medical malpractice attorney from Elk & Elk that Wanda Butler learned that cerebral palsy is not normal and often times caused by the negligence of the obstetrician.
According to an Elk & Elk Attorney, “Once we looked into it, Butler’s case was a very strong case.” Butler had delivered three other children before the twins without complications. An ultrasound showed the twins could be delivered without complications, and a C-section that was scheduled was cancelled. The first twin, Maurice, was delivered, and then it was discovered that Marcus was breech. Harper was not successful in repositioning Marcus, and a C-section was ordered.
According to testimony, the unborn infant suffered brain damage due to the lack of oxygen which was a direct result of the doctor’s delay and a crossed umbilical cord. The jury voted 7-1 that the brain injury was due to Harper’s negligence.
Today, Marcus functions at the level of a three year old and attends special education classes at North High School.
Gastric-bypass bariatric surgery results in permanent injuries and jury verdict of $3 million
Elk & Elk
This case revolves around a gastric-bypass bariatric surgery performed on Leslie Hall, a 46 year old male, in January of 2000. Defendant, Dr. Helmut Schreiber, General Surgery, performed a gastric-bypass procedure on Mr. Hall on January 5, 2000. Immediately post operatively, Mr. Hall developed a small-bowel obstruction which required an additional re-exploration on January 11, 2000. During this time frame, Dr. Schreiber caused a staple line from the original bariatric surgery to open allowing the spillage of bowel contents into the peritoneum. There was no negligence alleged by the plaintiffs based upon this bowel spillage, however, the spillage of bowel contents was extremely important since it had a high degree of probability of causing an infection in the peritoneum.
Negligent Delivery Results In Birth Injury ends in $2.99 Million Dollar Settlement
J. M. Kelley III
$2 Million Birth Injury Settlement
J. M. Kelley III
Fetal Distress During Labor, Child Suffers and Dies. $2.2 Million Settlement
$1.95 Million Medical Negligence Settlement
J. M. Kelly III
Failure To Diagnose Dehydration Case Settles For $1,950,000.00
Client, age 1, was taken to hospital, doctor failed to diagnose dehydration. As a result, the client became totally dehydrated and suffered cardiac arrest, ending in death.
$1.8 Million Medical Malpractice Settlement
J. M. Kelley III
Botched sinus surgery results in cognitive delays and chronic headaches for patient
A 16 year-old Plaintiff was suffering from pansinusitis. The Defendant physician undertook surgical correction of this problem. Plaintiff’s experts and the defense acknowledged that with appropriate surgery this chronic and diffuse sinus problem could be corrected.
$1.7 Million Birth Injury Settlement
J. M. Kelley III
Mismanaged Delivery Results In Neurologic Deficits
A child suffered permanent limitations on his motor functions and minor cognitive deficits.
$1.1 Million Late Cancer Diagnosis Settlement
J. M. Kelley III
Delay in Diagnosis and Treatment of Tongue Cancer Case Settles For $1,100,000.00
Client, age 54, was complaining of pain in the tongue on several occasions with a peritonitis. The peritonitis. simply poked around a hard surface on clients tongue, and failed to perform any biopsy on the lesion. Client then consulted an oncologist who did a biopsy and found client had stage 4 tongue cancer. As a result, client completed radiation therapy to fight the cancer. Unfortunately, client is in fear of relapse.
$975,000.00 Emergency Room Negligence
J. M. Kelley III
$975,000 Settlement Emergency Room Falls to Diagnose Blood Clot
A jury returned a verdict against an emergency room physician for failure to appropriately workup an diagnose a pulmonary embolism resulting in the death of a 67 year old female.
$700,000.00 Late Cancer Diagnosis Settlement
J. M. Kelley III
Missed Diagnosis in Renal Cancer Case Settles For $700,000.00
Client, age 61, had an ultrasound performed on the right kidney. The attending radiologist concluded that the kidney was benign and no further investigation was performed. It was later discovered that client had, in fact, a cancerous cyst in the kidney. By the time of discovery, the cancer had spread. As a result, the client died approximately a year and a half later.
$450,000.00 Late Melanoma Diagnosis Settlement
Elk & Elk
Late Diagnosis of Melanoma Leading to Death Case Settles For $450,000.00
Client, age 60, had a suspicious mole checked out and was advised by his doctor that the mole was of no concern. Client was later diagnosed with metastasized melanoma.
$400,000 Nursing Home Neglect settlement.
R. Craig McLaughlin
Our client’s 82-year-old wife had been a resident of a nursing home (name withheld), where she was totally dependent upon the staff for all of her needs. While on a portable toilet, she fell and hit her head and was taken to a hospital where doctors diagnosed her with having bilateral subdural hematomas and her family was advised she would not survive surgery. She died two days later.
The woman’s widower alleged the nursing home was negligent because its staff knew his wife was dependent on it for her each and every need, yet she was left unattended by a nurse’s aide. The defendant denied the plaintiff’s allegations and maintained that action or inaction by nursing home staff did not contribute to the woman’s death.
The plaintiff claimed more than $3,000 in past medical bills and nearly $8,000 in funeral and burial expenses. The deceased was survived by her husband, two adult children and one grandchild. The case settled for $400,000 shortly after a lawsuit was filed.
$400,000.00 Misdiagnosis Settlement of Blood Clot in Leg
Elk & Elk
Client, age 61, had severe pain and swelling in left leg and foot. Had x-rays done and was told that it was a pinched nerve. Five days later, leg turned blue and it was found to have a blood clot, resulting in amputation.
$350,000 - Medical Mistake Settlement
R. Craig McLaughlin
Optometrist failed to diagnose open angle glaucoma that resulted in permanent partial vision loss in both of client’s eyes. Client incurred over $11,000 in medical bills, could not drive at night, and needed a magnifying glass to read.
$300,000.00 Medical Mistake Settlement
Medical Mistake Case Settles For $300,000.00
Client, age 60, underwent a routine endoscopy. The practicing physician lost the guide wire in the client during the procedure. As a result, the client had to undergo further corrective surgeries.
Elk & Elk Main Office: 6105 Parkland Boulevard, Mayfield Heights, OH 44124
Toll Free: 1-800-ELK-OHIO (1-800-355-6446) Phone: 440-442-6677
© 2012 Elk & Elk Co., Ltd. | Privacy Policy
DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel by calling us at 1-800-ELK-OHIO (1-800-355-6446) for advice and counsel on your individual situation. Thank You.
Elk & Elk has successfully helped injury victims of medical malpractice and automobile accidents in all 88 counties. These include the cities of:
Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Canton, Youngstown, Lorain, Hamilton, Elyria, Mentor, Middletown, Cuyahoga Falls, Mansfield, Newark, Warren, Strongsville, Beavercreek, Lima, Findley, Lancaster, Westerville, Marion, Brunswick, Medina, Wooster, Sandusky, Zanesville, Xenia, Centerville, Alliance, Chillicothe, Troy, Athens, Ashland, Piqua, Portsmouth, Norwood, Sydney, Miamisburg, Ashtabula, Sylvania, Steubenville, Marysville, Tiffin, Springboro, Pickerington, Perrysburg, Fremont, Norwalk, Defiance and Mount Vernon
