10 Biggest Medical Malpractice Verdicts From Illinois in 2009
Ask any Chicago medical malpractice lawyer and they will tell you that even in a plaintiff friendly place like Cook County these lawsuits are a challenge. In fact 80% of the cases that go to trial in Cook County are won by the defense. That said, some cases are winners. The following is a list of the 10 biggest medical malpractice verdicts from Illinois in 2009 and a brief description of what happened. 1. Award for Plaintiff: $25.00 Million Case Cite: Payton White, etc. v. Eileen Murphy, M.D., Brief Description: Child now 8 is a quadriplegic as a result of doctor not properly interpreting results of a non-stress test and ultrasound which was performed during the day of his birth therefore child suffered oxygen loss at the time of his birth.
2. Award for Plaintiff: $15.71 Million Case Cite: Elda Heng, etc. vs Rush University, et al., Brief Description: A 51 year old woman was left in a vegetative state after a doctor performed a neuroendovascular coiling and stenting procedure which he used a device which was not FDA approved.
3. Award for Plaintiff: $12.50 Million Case Cite: Lourdes Perez, etc. vs St. Francis Hospital of Evanston Brief Description: Woman left with choreoathetoid cerebral palsy due to the nurse failing to properly monitor patient and leaving the patients side causing her heart rate to drop. Woman could not be resuscitated in utero so emergency cesarean was perform.
4. Award for Plaintiff: $12.50 Million Case Cite: Keith Quadros, et al. vs Undisclosed Medical Provider, Brief Description: Feeding tube was inserted into 3 week old premature infants lung space instead of his stomach. Baby went into respiratory arrest after being fed and suffered oxygen deprivation which in turn caused cerebral palsy.
5. Award for Plaintiff: $12.00 Million Case Cite: Michael Davis, etc. vs Rashidi Gani Loya, MD., et al Brief Description: 44 year old woman suffered anoxic encephalopathy and brain damage as a result of alarms failing to sound on the ventilator equipment during an elective biopsy for left ankle pain.
6. Award for Plaintiff: $12.00 Million Case Cite: Jeremy Law vs OSF Healthcare System Brief Description: Baby boy born with permanent disabilities and is required to be on a ventilator and 24 hour care. This is a result of the doctor failing to determine child was breech before inducing labor and the nurse’s failure to notify doctor of the baby becoming bradycardic.
7. Award for Plaintiff: $11.00 Million Case Cite: Mark Bentivenga, etc. vs. Pamela Good win, M.D., et al., Brief Description: Case brought by Chicago wrongful death attorney after patient had a brain hemorrhage and died after being induced due to doctors failure to monitor blood pressure knowing the patient had severe preeclampsia and HELLP syndrome.
8. Award for Plaintiff: $10.20 Million Case Cite: Shawn Luera, et al. vs. Northwestern Memorial Physicians Group, et al., Brief Description: 34 year old man left with physical, language and cognitive deficits from doctors failure to diagnose infective endocarditis. This caused the patient to have a embolic stroke.
9. Award for Plaintiff: $9.80 Million Case Cite: Robert Dickerson, etc vs. Cook County Brief Description:27 year old woman admitted for preterm labor. Emergency cesarean was performed and he anesthesia team was not informed that the woman was hypovolemic. The women died when the epidural was administered.
10. Award for Plaintiff: $9.75 Million Case Cite: Rosa Lopez, et al. vs Leeber Cohen, M.D., et al Brief Description: Pitocin was improperly managed by hospital staff after being administered. Which in turn caused abnormal fetal heart tones. Baby suffered hypoxic ischemic encephalopathy as well as numerous other problems.
Online Seat Belt Commercial Sends Strong Message
An online seat belt commercial produced by Sussex Safer Roads Partnership has been receiving a great deal of attention recently. On You Tube alone, it has spread its pro-seat belt message to more than 1.5 million viewers. The tagline for the 90 second commercial is "Embrace Life: Always wear your seat belt."
The commercial features a family of three sitting in their living room. The mother has her arm around her daughter as they sit on the couch, smiling at the father, who is sitting on the other side of the room. His arms are positioned in a manner that indicates he is pretending to drive a car. He smiles back at the mother and daughter lovingly.
Suddenly, the father develops a panicked expression and begins to violently turn the "air steering wheel," as if he is trying to swerve to avoid an auto accident. An expression of dread replaces the loving smiles on the mother's and daughter's faces.
The mother and daughter spring into action to save the father. The daughter clasps her arms around his waist, forming the lap belt, while the mother clasps her arms around his torso, forming the shoulder harness. Just as the father is securely fastened by this "human seat belt," his air vehicle is struck, resulting in the "auto accident." The father tries to jerk forward, but he is restrained by the mother and daughter. However, he kicks the small table by his feet, scattering tiny particles of food in a way that resembles shattering glass.
Due to the seat belt restraint, the father's life is saved (or so we are led to believe), and the loving family remains intact. The imagery in this commercial sends a powerful message about the importance of wearing your seat belt. In a serious auto accident, your seat belt may save your life.
If you have been injured in an auto accident caused by the negligence of another driver, an experienced auto accident lawyer can help you receive the compensation you deserve.
If you have an auto accident claim in the Chicago, Illinois area, please contact the law offices of Harvey L. Walner & Associates today to schedule your free initial consultation.
Government Research Finds Avandia Increases Heart Attacks
New government reports released this week indicate that pharmaceutical manufacturer GlaxoSmithKline has known about the increased risk of heart attacks posed by their drug Avandia. The reports also accuse the company of failing to adequately warn consumers of these risks.
According to the government reports, 304 deaths were attributed to Avandia in the third quarter of 2009. Furthermore, these reports present evidence that if patients were to take an alternative diabetes medication call Actos, 500 heart attacks and 300 cases of heart failure would be avoided each month.
For years, the FDA has been engaged in a debate over what to do with Avandia. Many officials believe the defective drug should be recalled due to a substantial body of evidence that the Type 2 diabetes drug needlessly risks the lives of consumers, especially when a safer alternative exists. Others believe the evidence is inconclusive and that further testing is needed. However, there are serious ethical questions associated with the continued testing of a medication that has been linked to so many fatal heart problems.
The Senate investigation strongly criticizes GlaxoSmithKline, claiming they had a responsibility to warn patients that the drug carries fatal risks. Instead, the drug company has bullied independent physicians and tried to misrepresent data linking Avandia to cardiovascular complications. GlaxoSmithKline strongly denies these claims.
It is important to consult an experienced defective drug attorney if you have suffered a heart attack or heart failure after taking Avandia. You may be entitled to receive compensation for your damages. GlaxoSmithKline's actions associated with the marketing of Avandia are yet another example of a major pharmaceutical company choosing to ignore the signs of a defective product in favor of reaping large profits at the expense if injured consumers.
If you live in New York or New Jersey and have suffered a heart attack or heart failure due to Avandia, please contact the defective drug lawyers at Trief & Olk today to schedule your free initial consultation.
$25 Million Accutane Verdict
Roche Holding AG, the drug manufacturer that produces Accutane, has been ordered to pay $25.16 million in damages to Andrew McCarrell for injuries caused by taking the drug. McCarrell took the acne medication in 1995 and suffered inflammatory bowel disease as a result. His injuries required five surgeries, including one to remove his colon.
The verdict was the largest awarded in an Accutane trial. Five other Accutane users won damage awards as well. Including McCarrell, Roche must pay $56 million to the victims. The company is currently facing more than 1,000 other defective drug claims regarding Accutane.
The medication, which was released in 1982, has been linked with an increased risk of inflammatory bowel disease, birth defects, and depression. An estimated 13 million people have used the drug over the past 28 years.
In June 2009, Roche decided to remove Accutane from the market, citing the prohibitive cost of defending defective drug lawsuits and an abundance of generic competitors as the reason for the move.
Despite the large verdicts awarded to plaintiffs in these Accutane lawsuits, Roche insists it has provided fair and adequate warning of the risks associated with their product. They plan to appeal the verdict.
If you have been injured as a result of using Accutane, you may be entitled to receive compensation for your damages. It is important to work with a defective drug lawyer who possesses the skills, experience, and resources to take on the high-powered attorneys employed by the pharmaceutical company.
If you have an Accutane claim in the Baltimore, Maryland area, please contact the defective drug lawyers at The Yost Legal Group today.
Jury Awards Woman $12 Million in Medical Malpractice Claim
Jessica Ramirez was awarded $12 million in a medical malpractice lawsuit against Greater El Monte Community Hospital. Ramirez is currently in a vegetative state after waiting at the emergency room for hours without being treated for a brain injury.
The incident occurred in 2007. Ramirez was shot in the head with an air gun. Immediately following the injury, she was fully conscious and able to walk herself to the emergency room at Greater El Monte Community Hospital. She waited at the emergency room for five hours without being treated. Ramirez was finally air lifted via helicopter to another hospital, where surgery was performed to remove the air-rifle pellet from her brain.
By the time she arrived at the second hospital, Ramirez was minimally conscious and suffered severe, permanent brain damage. As a result of the traumatic brain injury, she needs 24 hour care.
At the trial, the neurosurgeon who operated on her testified that the damage, caused by bleeding and pressure build-up in her brain, would have been substantially less severe had Ramirez received prompt medical treatment.
Greater El Monte Community Hospital supports the actions of their staff, claiming that they were not negligent in failing to treat Ramirez. They plan to appeal the verdict.
If you have suffered an injury do to an emergency room error, you may be entitled to receive compensation through a medical malpractice claim. It is important to consult an experienced medical malpractice attorney to ensure you receive a fair and proper settlement.
If you have a medical malpractice claim in the Tulsa, Oklahoma area, please contact the law offices of Stipe, Harper, Laizure, Uselton, Belote, Maxcey & Thetford today to schedule your free initial consultation.
Hospital Faces Medical Malpractice Charges for Operating on Wrong Side of Brain
Oakwood Hospital faces a hefty medical malpractice and wrongful death lawsuit after doctors operated on the wrong side of a woman's brain. The family of Deborah Blankenship seeks to recover damages for the loss of their loved one. Blankenship died in December 2008 at the age of 48.
The incident occurred on August 7, 2007, when Blankenship was admitted to Oakwood Hospital while suffering from severe headaches. The doctors diagnosed her with an acute leak from an artery in the brain. After doctors were unable to block the leak, they decided to perform an emergency craniotomy, which involves cutting open the skull to treat the condition.
Doctors mistakenly performed the surgery on the right side of her brain first, before determining that the problem was located on the left side of the brain. Blankenship's family claims that due to the surgical error, enough time elapsed before treatment to cause severe brain damage, which ultimately resulted in her death.
The doctors never received any disciplinary action as a result of their medical errors. Blankenship's family hopes that their lawsuit can help prevent other families from going through a similar experience due to preventable medical errors.
If you have lost a loved one due to medical malpractice, an experienced wrongful death attorney can help you receive the compensation you deserve. It is important to consult an attorney as soon as possible, since there are often important filing deadlines which must be met.
If you have a medical malpractice wrongful death claim in the Orlando, Florida area, please contact the law offices of Michael Barszcz, M.D., J.D. today to schedule your free initial consultation.
Illinois Supreme Court Removes Limitations on Medical Malpractice Awards
Last Thursday, the Illinois Supreme Court issued a ruling that may have far-reaching implications on the national medical malpractice reform debate. The court overturned a 2005 medical malpractice statute limiting compensation for non-economic damages in Illinois medical malpractice claims.
The law had set limits of $500,000 for malpractice claims against doctors and $1 million for claims against hospitals. These limits applied to non-economic damages only.
The Illinois Supreme Court ruled that the state Constitution clearly established a division of powers, and that the judicial branch alone was entitled to determine the monetary value of non-economic damages in medical malpractice claims. As a result, any limitations imposed by the legislature would be considered unconstitutional.
This decision comes just as the medical malpractice reform debate is heating up in Washington, D.C. Republican lawmakers are strongly in favor of limitations on medical malpractice lawsuits, and such limitations may enter the debate for a bipartisan health care reform bill. It will be interesting to see if the Illinois Supreme Court ruling impacts the debate on a national level.
Currently, each state has the right to decide whether to impose limitations on non-economic damages. Out of the 27 states which have passed similar statutes, 11 have overturned these laws.
The impact of this decision should be felt immediately in the state of Illinois, where injured medical malpractice victims will now have an opportunity to receive the non-economic damages they rightfully deserve in cases of egregious medical negligence. Victims of medical negligence are encouraged to consult an experienced medical malpractice lawyer as soon as possible following a negligent medical error, since there are often statutes of limitations affecting these highly complex cases.
If you have a medical malpractice claim in the Chicago, Illinois area, please contact the experienced malpractice attorneys at Harvey L. Walner & Associates today to schedule your free initial consultation.
Another Toyota Recall on the Horizon?
Toyota has certainly taken its lumps in recent months, but it appears they are not done yet. The auto manufacturer faces another potential defective auto problem, this time involving the widely popular 2010 Prius. The Prius is their third best-selling vehicle in the United States behind the Camry and Corolla.
More than 100 complaints have been filed with the National Highway Traffic Safety Administration involving potential defective brake issues with the Prius. These reports allege that when the vehicle is driven on a bumpy or frozen road, the brakes have a tendency to cause the car to jerk forward or accelerate for a brief instance.
The past six months have seen a variety of defective auto allegations against Toyota vehicles, spurring two separate recalls. The first Toyota recall involved more than 4.2 million vehicles with defective floor mats which would catch on the gas pedal, resulting in unwanted acceleration. The second recall involved a defective gas pedal which would stick, resulting in excessive acceleration. More than 2.3 million vehicles were recalled for this problem. If Toyota decides to recall the Prius, it will be their third major recall since last fall.
If you have been injured in an auto accident caused by a defective Toyota, you may be able to receive compensation for your damages. An experienced defective auto attorney can help ensure you recover what you rightfully deserve.
If you have a defective auto claim in the Denver, Colorado area, please contact the experienced product liability lawyers at Burg, Simpson, Eldredge, Hersh & Jardine, P.C. today to schedule your free initial consultation.
Transportation Secretary Recommends Not Driving Defective Toyotas
Department of Transportation Secretary Ray LaHood issued a statement earlier this week advising owners of defective Toyotas to stop driving the vehicles altogether due to safety concerns. The auto manufacturer has recently recalled millions of defective autos containing gas pedals which tend to stick, causing the vehicle to accelerate to dangerous speeds.
Several days ago, Toyota informed the general public that they have determined how to fix the defective product. All recalled vehicles will need to get the pedal assembly reinforced. This will correct the friction problem which has caused many gas pedals to stick.
Replacement parts are currently en route to dealers around the country. Once they arrive, dealers will be working around the clock to repair the problem. Owners of the defective vehicles will be contacted by the auto manufacturer shortly with information about how to proceed with the recall.
Recalled vehicles include:
- 2009-2010 RAV4, Corolla, Matrix
- 2005-2010 Avalon
- 2007-2010 Camry, Tundra
- 2010 Highlander
- 2008-2010 Sequoia
This is the second major recall of Toyotas in recent months. Earlier last fall, Toyota initiated a different recall due to defective floor mats which were getting caught on the gas pedal. If you have been injured in a serious auto accident caused by either of these two product defects, you may be entitled to receive compensation for your damages. An experienced defective auto attorney can help ensure you get what you rightfully deserve.
If you have a defective auto claim in the Dallas, Texas area, please contact the experienced personal injury lawyers at Polewski & Associates today to schedule your free initial consultation.
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