$8,000,000 medical malpractice settlement involving failure to manage peripartum cardiomyopathy following pregnancy resulting in cardiac arrest and brain damage (fall 2019)
$3,000,000 medical malpractice settlement involving emergency room physician’s failure to treat severe sinus infection resulting in venous sinus thrombosis and brain damage.
$4,500,000 medical malpractice settlement involving anesthesia induced respiratory arrest during EGD (upper GI) resulting in brain damage (summer 2019)
A forty-eight-year-old man suffered blindness after his glaucoma was mismanaged by his eye doctor. The lawsuit alleged that the physician diagnosed the wrong form of glaucoma, open-angle glaucoma, and missed the signs and symptoms that showed the patient was actually suffering from the more severe and more dangerous form: angle closure glaucoma. Because of the error, the doctor never ordered the appropriate treatment and the patient lost a significant portion of his vision before seeking help from another ophthalmologist.
A forty-four-year-old husband and father of two died as a result of allergic reaction to drug used to treat a heart condition. The FDA had warned of life-threatening allergic reactions to the drug, Coreg, as early as 2009. The patient presented to an Emergency Room on two occasions during the thirty-day period prior to his death, suffering from severe allergic reactions. On the second occasion, six days before his death, a severe allergic reaction known as anaphylaxis was present. Even following the second Emergency Room visit, the patient’s cardiologist failed to stop the Coreg and actually doubled the dose. The patient was not provided with an EpiPen and was not provided with a referral to an allergist. The Defendants argued that the patient’s death was not caused by an allergic reaction, but rather, his underlying heart condition.
A fifty-seven-year-old man presented to a hospital for a hernia repair. Following the operation, laboratory studies, failure to urinate, dropping blood pressure and pain indicated the patient was probably bleeding internally.
The laboratory findings and the dropping blood pressure were not acted upon and approximately 36 hours following the surgery, the patient died as a result of the internal bleeding. At the time of autopsy, over a liter of blood was found in the patient’s abdomen.
The case was particularly tragic in that the dropping blood pressure and absence of urination was not acted upon by a number of nurses, residents, or attending physicians.
Following the patient’s death, a top hospital administrator informed the patient’s wife that her husband had probably died of blood clots to the lung, even though he knew laboratory studies confirmed the patient had bled to death.
Patient injured her back at work. She was directed by her employer to present to a workers’ compensation medical clinic for treatment. She treated at clinic over six-weeks and ultimately was assigned to a neurosurgeon. Immediately after the surgery, she could not move her legs. The neurosurgeon failed to order appropriate post-operative imaging studies, which would have revealed a large collection of blood (an epidural hematoma) pressing against the patient’s spinal cord. If an MRI or CAT scan had been obtained, they would have revealed the collection of blood, it would have been evacuated and the patient would not have suffered her permanent spinal cord injury.
The case was settled the day prior to trial, and involved several significant legal issues, including whether the operating neurosurgeon was an agent of the clinic.
Tim Takala obtained a $225,000 jury verdict in a medical malpractice action alleging negligence of a hospital nursing staff treating a post-operative knee replacement patient with a Continuous Passive Motion (CPM) device. The CPM was improperly applied which resulted in recurrent scar tissue formation and limitation of daily activities. Although the patient tolerated the original surgery well and had an expected range of motion intra-operatively with his new knee joint, his recover was derailed two days after the operation when the nursing staff over-extended and improperly set the CPM machine. A case evaluation award of $30,000 and no settlement offer preceded a $225,000 jury verdict after about 50 minutes of deliberation.
A sixty nine year-old woman underwent a right salpingo-oophorectomy and was discharged three days later with an undiagnosed bowel perforation. When the patient was re-admitted to the hospital two days later, radiological studies revealed a perforation and severe contamination of her peritoneum. As a result of the delayed diagnosis, the patient suffered peritonitis, sepsis, multi-system organ failure and ultimately died from her injuries.
Jeff Meyers and Tim Takala obtained a $350,000 settlement for an eighty two year-old woman suffered a fall at home and required an open reduction internal fixation to stabilize her hip fracture. After the operation, the internal medicine service failed to identify and treat an infection, which eventually led to Systemic Inflammatory Response Syndrome, septic shock and ultimately death. Settlement was driven by a nuanced and scientifically supported legal argument which qualified the patient for the higher cap exception for non-economic damages pursuant to MCL 600.1483(1)(b).