REPRESENTATIVE CASE VICTORIES
WRONGFUL DEATH ATTORNEY SECURES A 1.4 MILLION DOLLAR SETTLEMENT OF WRONGFUL DEATH AGAINST HMO AND PHYSICIAN
To find a lawyer to help you determine if you have a case is something you must do sooner rather than later. Our wrongful death attorney firm was successful in settling a wrongful death case brought by the surviving spouse and two adult children of a fifty year old man who was treated for several months by a physician employed by a local HMO. Our wrongful death lawyer found that despite continuous complaints of extreme abdominal pain which prevented him from working or even driving an automobile, the treating doctor failed to perform reasonably necessary diagnostic studies or admit him to the hospital for observation. Because of the failure on the part of the HMO to properly diagnose and treat the patient, he died because of a total lack of blood flow to his abdominal area.
Our firm filed a wrongful death suit alleging that, in addition to their negligent treatment, the physician’s and HMO’s failure to provide appropriate treatment was driven by the HMO putting profits before patients. Because the HMO was paid a fixed monthly premium for each patient, the more studies performed by the HMO and the more treatment it rendered to a given patient, the less profit it made.
$785,000 VERDICT AGAINST ORAL SURGEON
Our firm filed suit against an oral surgeon who performed several surgeries on a patient in an effort to correct a malocclusion and to improve her facial appearance. Because of the oral surgeon’s negligence, the required three additional surgeries by another oral surgeon in Dallas , Texas, and spent approximate $60,000 for additional medical expenses. In the lawsuit, our firm alleged the patient was not advised of other options to surgery and was not apprised of the risks of surgery. Also, we argued and proved that the defendant placed an unreasonably large bone plate in the patient’s jaw placing great stress on it and causing her to suffer temporomandibular joint dysfunction (TMJ). After hearing and seeing evidence for approximately a week, the jury needed less than an hour in deliberations to return a verdict in favor of the patient for $785,000.
LAW PERTAINING TO DUTY OF PHARMACISTS
The firm filed suit on behalf of the survivors of a patient whose death “resulted from the adverse effects of multiple medications (drugs like at Xarelto lawsuits), especially placidyl (ethchlorvynol), which was near the toxic range.” Our firm alleged the defendant pharmacy, through its pharmacist, was negligent by filling several prescriptions for the decedent when it knew, or should have known, that the decedent would be exposed to the risk of serious bodily harm or death. Specifically, we argued the prescriptions, as written by the physician, were for excessive dosages and for drugs which were incompatible. The trial court entered a summary judgment in favor of the pharmacy prior to the trial based on the fact that the pharmacy filled the prescriptions as written by the doctor and that it only had a duty to fill the prescriptions as written by the doctor. In what is now considered a landmark decision, the Missouri Court of Appeals reversed the trial court and ruled that pharmacists have a duty well beyond the mere filling of a prescription by the doctor as written. In making its ruling the Court stated:
“We reject the suggestion in Kampe that the only functions which a pharmacist must perform to fulfill his duty is to dispense drugs according to the physician’s prescription.” This decision has been cited in numerous cases and has clearly established the standard of care for pharmacists in the State of Missouri.
ONE MILLION DOLLAR SETTLEMENT FOR SURVIVORS OF 39 YEAR OLD PATIENT
A 39 year-old woman was admitted to the hospital after experiencing two seizures and severe headaches. Her admitting diagnoses were seizures and subarachnoid hemorrhage. There was an unknown history of a fall which had occurred while the patient was alone. After being placed in the intensive care unit, she continued to suffer headaches and nausea. Despite her ongoing symptoms, the treating neurosurgeon order her transferred from the ICU to a patient floor after little more than one day. The day after the transfer, her headaches got progressively worse and she became sleepy and sluggish. Because of the deteriorating condition of the patient, the nurse on duty contacted the doctor who visited the patient for a few minutes.
Rather than perform any further diagnostic studies, the doctor simply switched her pain medication. Within several hours, she lapsed into a coma and died the following day. Our firm filed suit on behalf of the patient’s husband of twenty years and two minor children alleging negligence on the part of the neurosurgeon and hospital by failing to properly monitor and treat the patient resulting in her untimely death. Prior to trial, the firm successfully negotiated a settlement on behalf of the survivors of the patient for a total of One Million Dollars.
$600,000 SETTLEMENT IN WRONGFUL DEATH OF MINOR CHILDREN
Our firm filed suit on behalf of the surviving mother against the company which operated the group home alleging negligence in the operation of the home by failing to comply with certain state regulations pertaining to the operation of foster homes including but not limited to the requirement that there be two employees present at the home. In this tragic case, two children died in a fire at the group home because of these violations. After numerous depositions, the firm negotiated a structured settlement for the benefit of the mother having a value in excess of $600,000.