Jury Awards $10.8M in a Brain Injury Case

 Medical Malpractice  Comments Off on Jury Awards $10.8M in a Brain Injury Case
Oct 112020
 

Brain Injury from Medical Malpractice

In a rather unfortunate incident in Pennsylvania, a 45-year old Tyrone man named Christopher Carey Miller encountered serious brain damage after getting an MRI done in 2016 from a Tyrone hospital. However, a Blair County jury came to his rescue and awarded him $10.83 million.

According to the verdict that was ruled unanimously in the favor of Miller, the majority of the sum, that is, $6.21 million, will be reserved for his future medical treatments and recurrent supervisions that are to take place over the next 30 years. The remaining amount was delegated to make up for all the expenses that Miller himself paid for owing to his loss and suffering.

Understandably, the victim’s family finally had something to be hopeful about after all these years of agony. Brendan Lupetin, a Pittsburgh attorney representing Miller admitted that Chris’s father was so overwhelmed with the decision that he could hardly say anything or express himself. Later, Timothy Miller admitted that this verdict was like an end to his son’s continuing trauma and concerns.

This monetary award and verdict, which also happens to be one of the most historical ones in Blair county to date, was a closure to a case that started with Chris Miller visiting Tyrone hospital on the 4th of October, 2016, complaining of back pain. He wanted to get an MRI done and during the procedure, he developed an allergic reaction to gadolinium. For the unversed, gadolinium is s substance used while conducting an MRI to produce better contrast in the images. As a consequence of the allergic reaction, Miller underwent a severe cardiac arrest leading to brain damage that reduced his mental acuity to that of a child.

Michael Sosnowski did his best to sway the decision for the benefit of Tyrone Hospital. He claimed that after learning about Miller’s allergic reaction, the hospital personnel immediately decided to provide medical care that would improve his condition. When numerous witnesses were summoned to describe how the hospital responded to this crisis, all of them admitted that the latter neither had an alarm or emergency box in the MRI room to ease Miller’s difficulties.

The MRI technologist, supervising radiologist, and the emergency room medical director accepted that all of them had to step in the MRI room to activate the alarm and get additional assistance with the case. One thing that was clear from the witnesses’ testimony was that the MRI room did not have the required resources like the emergency drug epinephrine, which is an anti-allergy medication given to the patient when he suffers from an allergic reaction.

Although Sosnowski tried to convince the jury during his closing that the doctors did not want to administer a drug like epinephrine without a second opinion, Lupetin made it clear that the medical personnel only wasted precious time. The jury declared that the Tyrone hospital was responsible for 75% of the negligence in this event of medical malpractice and the rest 25% was assigned to Dr. Kelly Biggs, the supervising radiologist.

 

Citation

https://www.altoonamirror.com/news/local-news/2020/08/jury-awards-10-83m-in-tyrone-hospital-case/

 

 Posted by at 9:35 am

Disney Cruise Line Worker Awarded $4 Million

 Medical Malpractice, Negligence  Comments Off on Disney Cruise Line Worker Awarded $4 Million
Jan 192020
 

Disney Cruise Ship

Recently, a Florida jury provided a $4 million payout to a Disney Cruise Line worker. The staff member was able to claim the money from the company based on her claim that she was not provided with the adequate medical care. She was hit by a car during a port of call, and it’s alleged that ship doctors did not provide the right standard of care after the incident.

The decision was made by the Brevard County jury present on the case. They agreed that Maria Ana Reis Martins should be given due compensation for the incident that had taken place. The total, according to the Miami Herald, is made up of $2m in lost earnings, $1m for pain and suffering, and $1m for punishment.

This is the first time that the Disney Cruise Line has been on the wrong end of a personal injury judgement. According to Julio Ayala, Martin’s attorney, the car hit her when she was ashore in the Bahamas. This took place in 2013. The claim is that the medical staff onboard had failed to spot three broken ribs and said that she was instead fit to continue her job as a dining room server.

A doctor back in Florida found that she had broken a trio of ribs and spent five months back in Portugal receiving medical care. Returning to work in 2014, she left after a month due to nerve damage. With a 70% negligence assigned by the jury to the company, and only 30% to Martins, it was a clear victory for her.

For all parties involved, though, the incident is now over. With a near 7-year case finally over with, it remains to be seen what precedent this particular case has laid out moving forward into the future.

 

Citation

https://www.usatoday.com/story/travel/news/2020/01/02/disney-cruise-line-worker-awarded-4-m-florida-personal-injury-case-florida/2793923001/

 

 Posted by at 8:25 am

Lawsuit Filed Against Doctors for Laser Skin Treatment

 Medical Malpractice  Comments Off on Lawsuit Filed Against Doctors for Laser Skin Treatment
Dec 012019
 

Face Scarring

A 6-year-old was left with permanent scars following a laser procedure, which was meant to get rid of a birthmark. The scars are circular open wounds that appear on the left side of her face from her face around her nose to her ear.

Consequently, the girl’s family is suing the University of Minnesota Physicians for allegedly inflicting the wounds on the girl.

The girl’s mother, Kasey Bernu of Minnesota, told the Star Tribune that she wants “accountability”. She wants Hook to take responsibility for disfiguring the girl’s face back in 2017 during a laser procedure.

According to the girl’s mother, the girl’s family is filing a lawsuit because they do not want to see the same thing happen to another child. Additionally, the girl’s mother says that she does not want to see another family suffer the way they have suffered with her daughter.

Hook and the University of Minnesota Physicians were named as defendants in the family’s lawsuit. The lawsuit was filed on Wednesday in Hennepin County District Court.

The family’s representative, attorney Jeff Storms, stated that Mrs. Bernu’s daughter still has visible scars two years after the alleged medical malpractice at the University of Minnesota Medical Center.

According to a statement given to New York Post, Jeff Storms said, “The girl still has very serious pocking and deep scarring on her face. And they’re going to be permanent.”

According to the family’s attorney …

According to the family’s attorney, the girl will have to wait before she can receive treatments to minimize or get rid of the scarring.  The attorney went further to state that the girl, who is a resident of Minnesota’s Crow Wing County, is seven or eight years old.

According to the lawsuit, the girl was born with a “port-wine stain”, which is a reddish birthmark. James Storms further stated that the girl’s family began treating the girl shortly after she was born back in the year 2011. According to Attorney James Storms, the girl was treated using a pulsed dye laser, which is certainly not the one that had been used to treat her in 2017. Additionally, storms stated that the Nd: YAG laser was recommended after 25 treatments, which had been done using the pulsed dye laser.

The lawsuit claims that Hook, who is pediatric dermatologist, did not disclose her inexperience as far as using such an “extremely powerful” laser was concerned.

Additionally, the lawsuit states that Hook offered the girl’s family “improper wound care” over the phone following her injuries in 2017. According to the lawsuit, Hook did not refer them for proper treatment.

On the other hand, University of Minnesota Physicians declined to comment stating that they never comment on pending litigations or matters touching on a patient’s privacy.

Hook could not be reached for comment. However, attorney Ryan Ellis, who was speaking on behalf of the family stated that, “We sympathize with this patient and her family”.

Through the lawsuit, the family wants to be compensated for damages. It wants $50,000 for various damages including emotional distress, suffering, pain, as well as loss of future earnings.

 

Citation

http://www.startribune.com/lawsuit-u-physician-s-misuse-of-laser-treatment-seriously-wounded-child-s-face/564945192/

 

 Posted by at 8:03 am

Former Virginia Inmate Awarded $1 Million in Medical Malpractice Lawsuit

 Medical Malpractice  Comments Off on Former Virginia Inmate Awarded $1 Million in Medical Malpractice Lawsuit
Aug 112019
 

When John Kinlaw was imprisoned, the hope was that he could use the rehabilitative nature of prison to come out a new person. Like all prisoners, though, that is reliant on the staff of the prison doing the job to their best ability. Mr. Kinlaw, though, suffered a broken finger whilst he was imprisoned. Unfortunately, the injury was not properly treated by medical staff. As such, this meant that his finger, fractured whilst playing sports, became worse.

Despite x-ray images showing that he needed immediate treatment on the and to prevent incorrect healing, he was merely given an ice pack and some Motrin. The complaint alleges that, even after weeks of telling Dr. Charles Nwaokocha and other medical staff that his hand still needed more care, that nothing was done. No stabilisation or surgical treatment was put in place, meaning that the hand would heal incorrectly.

Informing the staff every few days of the severity of the injury, Kiinlaw says that he attempted to tell staff that he could not close his hand – and was afraid that his fracture was healing incorrectly. He also alleges that he was either denied additional treatment, or treatment was heavily delayed. After one month and a half of time passing since the fracture, he was unable to bend his ring finger – but was told that he needed “more healing” instead.

The complaint states that over 100 days passed before a specialist in orthopaedics took a look at his hand. The problem could potentially be unsolvable, or only fixable with surgical treatment. Speaking about the incident, Kinlaw said: “There are a lot of things I’ll never be able to do again,

“According to the testimony, I possibly have to get the amputation that my orthopaedists have said I may have a chance to get back all of my dexterity.”

His case was taken on by Nexus Services Inc, who are specialist in medical malpractice prison cases. In total, Kinlaw was awarded with a settlement of $1,058,761, with $700,000 of that fee in compensation and over $300,000 in punitive damages.

However, the lawyers with Sands Anderson, who represent Dr. Nwaokocha and Armor Correctional Health Services, say the verdict comes from a misunderstanding of the facts of the case. Edward McNelis III, attorney for Sands Andersons, said that the injury was not amenable to surgical intervention after the incident. He said that the case was ‘completely appropriate’ and ‘consistent with the care he would have received if he was not an inmate in the Virginia Department of Corrections.

Citation

https://www.nbc12.com/2019/07/19/former-va-inmate-wins-over-million-injury-lawsuit/

 Posted by at 10:12 am

60 Patients File Lawsuit Against Colorado Hospital

 Medical Malpractice  Comments Off on 60 Patients File Lawsuit Against Colorado Hospital
Jul 212019
 

Medical lawsuits are often a precarious process, as it can often come down to a singular incident that could have its own very particular and unique circumstances. However, it’s not always going to be quite so simple as this. For example, there is now a case ongoing against Porter Adventist Hospital, which is being sued by over 60 people.

This comes down to issues with their sterilization process. Apparently, the problem stems from how the company manages the cleaning and management of its equipment before and after treatment. One such example comes from the Wriston family, where Thomas Wriston, 78, had suffered a series of infections, including a cough and a fever, after going in for treatment.

Sadly, Thomas eventually died from the incident culminating in the mass lawsuit that is taking place. His death was a result of sepsis, pneumonia, anemia, kidney injuries, and respiratory failure.

The complaint is being brought forward by 20 spouses and 67 patients in total and comes after Porter had revealed significant issues with how surgical equipment was being cared for after treatment was administered.

Indeed, Bill Suarez, a patient, has had to go for seven knee surgeries due to the extent of his infection. He even suffered from necrotic tissue that developed after surgery in Porter back in 2017. With several forms of bacteria in his knee including a form often found in pregnant woman’s vaginal and rectal areas.

Several people, including Rebecca Brown, suffered from post-treatment conditions such as Sepsis after they have done for treatment. It has caused some people, including Brown, to avoid seeking hospital treatment until it is absolutely necessary, such is their loss of trust in the medical quality that is being given.

Speaking about it, Brown said: “I have severe PTSD with surgeries. I don’t even like getting my blood drawn anymore. I have no trust in any of the hospitals that are anywhere near us. And no amount of therapy can ever get that trust back,”

The case is likely to be one that goes on for some time, given the sheer number of people involved. The story, though, is still developing. We will bring you more about the incident and the progress of the case as it progresses.

Citation

 Posted by at 8:32 am

Colorado Jury Awards $3m in Damages to Paralyzed Man

 Medical Malpractice  Comments Off on Colorado Jury Awards $3m in Damages to Paralyzed Man
Jun 162019
 

Spinal damage is some of the worst that you can suffer from, and will almost immediately lessen the quality of life that you can enjoy moving forward. If you worry about such an injury in life, it’s likely because it could leave you without any opportunity to continue doing what you love. One man learned that his spinal injury caused paralysis, and it came after hospital staff were unable to determine that the man had suffered spinal damage.


The individual has been awarded $3 million in damages, which is at the time of writing among the largest jury verdicts ever handed out in Pueblo County, Colorado. Sixty-six-year-old Samuel Chifalo suffered a fall in February 2016, when he landed on his face when falling upon furniture and was in need of medical care. According to Denver attorneys David Woodruff and Henry Miniter, his spinal injury was not recognized by the staff who were working on him at Parkview Medical Center.


Apparently, neurosurgery in an immediate manner would have led to the complete resumption of normal life for Mr. Chifalo. His spinal injury, though, was not diagnosed, and thus he was released without anyone noticing the incredible damage that has been done. Woodruff said in a statement: “This case, like all medical malpractice cases, was incredibly sad because Mr. Chifalo will never fully recover what he lost.”


A nine-day trail took place over the 2016 treatment, and eventually there was a decision made. The evidence showed that Mr. Chifalo could have been prevented from paralyzation. When he fell and hit his face on the furniture, surgical treatment on his spine could have stopped the damage from becoming permanent.


Citation

 Posted by at 8:33 am

Texas County Files Opioid Lawsuit

 Fraud, Medical Malpractice, Negligence, Products Liability  Comments Off on Texas County Files Opioid Lawsuit
Oct 162017
 

America has an opioid problem. The epidemic has resulted in addictions, deaths caused by drug overdose, and economic burden that totals $78.5 billion. Although drug makers have been sued by cities, states, and other agencies, the lawsuit filed by Dallas-based litigation firm Simon Greenstone Panetier & Bartlett in behalf of Upshur County is the first in Texas to hold drug makers responsible for the epidemic.

The lawsuit claims that deceptive practices by drug makers have created a marketplace that is both lucrative and illicit where pharmacy record falsification, prescription forging, and doctor shopping is a common occurrence. It also claims that an increase in heroin use is linked to the widespread use of opioids as addicted users turn to the other due to the unavailability of prescription drugs. The epidemic has also driven resident’s healthcare costs up.

Many residents of Upshur County have also cited opioid addiction as one of the reasons they sought treatment for substance abuse.

Opioid use doesn’t just affect the lives of those who use it, but their family as well. In Upshur County, parental drug addiction has caused a rise in children being placed in child protection agencies.

Dean Fowler, an Upshur County judge, said that the lawsuit’s goal was “to recoup the cost of the opioid epidemic.” The money used to treat opioid addicts come out of taxpayers’ pockets, and that the “cost to the public is very high.”

Jeffrey B. Simon, a Dallas attorney, says in the lawsuit that the epidemic “did not occur by chance.”

The lawsuit names more than 20 defendants, including Abbot Laboratories, Johnson & Johnson, Pfizer, Inc., and Purdue Pharma Inc. These companies manufacture brand-name drugs, such as Avinza (no longer sold in the market), Opana, OxyContin, Percocet, Percodan, Roxicodone, and Vicodin. Generic varieties such as hydrocodone and oxymorphone are being made as well. Some of these defendants also manufacture, market, distribute, and sell prescription opioids, such as fentanyl, Duragesic, Fentora, Ultracet, and Ultram.

The more than 20 defendants named in the lawsuit are all accused of using altering the view of doctors on opioids in the late 1990s and early 2000s through a “well-funded deceptive marketing scheme.” Drug makers use sales representatives and physicians – their “key opinion leaders”– to promote highly addictive opioids through souvenirs and toys that include, among others, bags, coffee cups, notepads, pens, and stuffed plush toys – all these bearing the name of the opioid brand.

The lawsuit also states that drug makers utilized “front groups” to help key opinion leaders negatively tinge continuing medical education programs, medical conferences and seminars, scientific articles, and treatment guidelines – sources that doctors and patients turn to for guidance.

After individual and coordinated efforts, the defendants also convinced doctors that opioids were “required in the compassionate treatment of chronic pain” rather than inform them of it being addictive and unsafe for long-term use.

The lawsuit claims that drug makers even upped their advertising costs compared to the previous decade. One advertisement showed how a writer used opioids to cure osteoarthritis but neglected to mention its risks.

A co-counsel of Simon, Jack Walker of the Martin Walker law firm, plans to file a similar lawsuit in the counties they represent.

 

 Posted by at 3:39 pm

How A Change In New Mexico’s Malpractice Rights Might Have Been Determined By Texas Fears

 Medical Malpractice  Comments Off on How A Change In New Mexico’s Malpractice Rights Might Have Been Determined By Texas Fears
May 022017
 

A surgeon from Texas Tech University has been given a pass on a medical malpractice suit filed against him. The gastric bypass surgery performed on a New Mexico woman that ended in misery for the patient and a malpractice suit against the surgeon has been overturned – due to something other than the facts of the case itself. It has been reversed by the Court of Appeals because there is a fear that the underserved area of New Mexico might become even more so if Texas physicians are fearful of being sued.

The appeals court ruled that Montano’s suit will be dismissed without prejudice. The case is causing a stir in both Texas and New Mexico’s medical circles. Doctors from both states came in droves to express their concerns that if the case stands, it could lower the access of care to many New Mexico citizens who are already in need of help that isn’t readily available. Hospitals and doctors’ groups around the nation filed a brief to petition the court to overturn the judgment.

Kimberly Montano, the woman who initiated the lawsuit, insists that if she isn’t allowed to file a malpractice suit, she will not have any recourse to recover for her damages and pain and suffering related to her injuries. The main issue surrounding this case is that Montano had her gastric bypass surgery at a facility in Texas, but was a resident of New Mexico. She wanted to sue in New Mexico, however, because the malpractice laws in Texas are very different. In Texas, you aren’t able to sue any state employee, and the surgeon who performed the gastric bypass was a state employee.

Montano maintains that she had to have the surgery in Texas instead of New Mexico because her insurance would not cover it otherwise. She filed her malpractice suit in Albuquerque because that is where she lives. She alleges that she returned after the surgery to complain about severe abdominal pain. Dr. Freeza, the surgeon, told her that the discomfort was completely normal. However, the pain did not subside and she had to be seen at several different facilities as it began to increase.

Finally, Montano had to have another surgery to figure out what was causing the pain. At that time a different surgeon informed her that the initial surgery had been botched and her sutures were a tangled mess that had become infected. She not only suffered extensive pain, but her long-term prognosis and quality of life have been severely altered. She has a significant amount of medical bills, has lost considerable time from work, and she wanted to recover for her pain and suffering.

Freeza’s attorney argued that since Freeza was operating out of Texas and was a state employee, the Texas laws should apply. That would disallow Montano the ability to sue. A New Mexico district judge, however, ruled in favor of Montano, stating that the case should continue forward. It went to the Supreme Court, where it was determined that Montano should not be allowed to sue in New Mexico since the procedure was in Texas, and the Texas courts should have jurisdiction.

The problem is that it has left Montano and many like her no options to sue when they are the victim of malpractice, especially when they are being forced by their insurer to receive care in the adjacent state. Without any options, Montano did not want to have her surgery across state lines but was forced to. When it didn’t go as planned, she was left with no recourse for her pain and suffering or the health consequences of medical malpractice.

According to the ruling, it is in New Mexico’s best interest to not be allowed to file the malpractice suit. If people can file in New Mexican courts for malpractice perpetrated in Texas, then it may limit access options for a very underserved area and do everyone a disservice, leaving many without necessary medical care. The problem is that either way the court ruled, someone would have been underserved. If physicians are not sued for the mistakes that they make and are protected, then who is protecting the victim? It’s a sticky situation all the way around, but for now the ruling stands.

 

 Posted by at 10:20 am

Could Bariatric Surgery Be The Cause Of Personal Injury Suits Due To Child Birth Complications?

 Medical Malpractice, Products Liability  Comments Off on Could Bariatric Surgery Be The Cause Of Personal Injury Suits Due To Child Birth Complications?
Apr 282017
 

Bariatric surgery seemed like the perfect solution for those who are obese and have seemingly tried everything else to lose weight. What seemed like the perfect scenario, however, is beginning to show signs that it doesn’t come without substantial risk. Patients who were considering undergoing the procedure have always understood that the surgery itself, like any other, comes with specific risks. But there is a new complication just being discovered, which may make women of childbearing age think twice about having the surgery to lose weight.

New studies from a team of santa ana personal injury lawyers are coming to light that might put bariatric surgery complications at the forefront of personal injury claims. Scientists have discovered that there might be an increased risk for children born to mothers who’ve had bariatric surgery. A study recently published in the Journal of the American Medical Association shows that children who are born to women who have had bariatric surgery within the previous two years (before giving birth) are at risk for perinatal complications.

Bariatric surgery is a medical procedure used to decrease the size of a person’s stomach so that they can’t overeat. A surgeon uses either a gastric band or actually removes part of the stomach to create less space in order to signal to the brain that the stomach is full. There are times when the procedure also reroutes the small intestines so that it flows into the stomach pouch. So, although there are various ways to achieve the same goal, bariatric surgery refers to multiple types of procedures within the same class. It is typically a surgery that is used to reduce a person’s weight when obesity is leading to serious health consequences.

When a woman undergoes bariatric surgery, it isn’t just her stomach and appetite that are affected. Her body undergoes changes in nutrition as well as metabolic and physiological changes, which can result in danger not only to her health, but also to the health of a child born in the immediate future. There is evidence to suggest that a woman who has gone through the surgery may suffer from nutritional deficiencies, and that those deficiencies can negatively affect a growing fetus from getting the necessary nutrients for proper development.

Lack of nutrition can lead to birth complications, which were not an expected outcome, and women who underwent the surgery were not warned about it. Not only are there links to birth complications, but there is also a risk of small gestational age, low Apgar scores and premature delivery. An Apgar score is a test that is performed immediately following birth that measures a baby’s reaction to their atmosphere.

It is an acronym for Appearance, Pulse, Grimace, Activity, and Respiration and is linked to several conditions early on in life. In studies, it isn’t until almost four years post-bariatric surgery that the Apgar scores appear not to be affected in children born to women who have undergone the surgical procedure.

The biggest problem is that obesity is one of the barriers that women of childbearing age have, to conception. Many women in the past have undergone the surgery specifically to help them conceive, which is in direct contrast to the risks that the surgery can increase in childbirth. Up until recently, those risks were not identified and certainly were not told to women who were electing to have bariatric surgery, especially for the purpose of conceiving.

Therefore, the American Congress of Obstetricians and Gynecologists have made recommendations that women who are going to undergo bariatric surgery delay conception until a minimum of two years post-surgery to ensure that there are no risk factors carried over.

Although it’s a great recommendation going forward, that doesn’t address the past complications that have resulted from misinformation of the consequences of bariatric surgery on childbirth. Bariatric surgery has traditionally been an elective surgery undertaken more by women than men, which is why it is so problematic to find that risk factors for childbirth are linked to the surgery.

There are likely to be many women with complications during childbirth who bring forward personal injury cases. Many babies born with complications need extensive therapy, extended stays in the hospital, and can have a host of conditions that follow them throughout their developmental years and beyond. Without the proper warning, many women have found out the hard way that bariatric treatment for conception might not have been as healthy or safe as they were led to believe.

 

 Posted by at 3:14 pm

Toddler Dies Caught up in Medicaid Billing Fraud

 Medical Malpractice, Wrongful Death  Comments Off on Toddler Dies Caught up in Medicaid Billing Fraud
Apr 112017
 

Medicaid billing schemes are not new; in fact, many have been convicted of committing this crime over the years. However, a recent personal injury lawsuit has caught the attention of a lot of people since a toddler was involved — and even died in the process.

The wrongful death lawsuit claims that unnecessary dental procedures were performed on fourteen-month-old Daisy Lynn Torres as part of a corporate scheme that aims to make money from Medicaid. The toddler’s family is suing dentist Dr. Michael Melanson and mobile anesthesiologist Dr. David Williams, along with Austin Children’s Dentistry and Texan Anesthesiology Association.

Daisy Lynn died on March 29, 2016, while she was going through a dental procedure at Austin Children’s Dentistry. The procedure was performed by Dr. Melanson while anesthesia was provided by Dr. Williams, who works for Texan Anesthesiology Association and was present while the child received the dental treatment.

Daisy Lynn’s mother, Betty Squier, had brought the toddler to Austin Children’s Dentistry to have two of her cavities filled. Squier noted that she was present when her daughter was put under anesthesia but was asked to leave the room afterwards. According to her, Dr. Melanson came out of the room after several minutes and told her they were going to place six crowns on Daisy Lynn’s teeth — four more than what had been originally planned. A short while after that, Squier was informed that her daughter had gone into cardiac arrest.

Forensic dental examiner Dr. Robert Williams worked on the case and reported that “no indication of dental disease or pathology was seen” in Daisy Lynn’s dental X-rays on the day she died. He points out that the child may possibly have had “congenital enamel defects” in her partially erupted teeth, but stated that they did not necessarily require treatments especially considering her age. Dr. Williams noted that there was no evidence that Daisy Lynn was in “any type of pain” due to any dental diseases.

This report was included in the autopsy report filed by the Travis County Medical Examiner’s Office, which was released in July 2016 and ruled that anesthesia was the cause of death of the child. A few months later, in September 2016, Austin Children’s Dentistry filed a libel, defamation, and business disparagement lawsuit against Dr. Robert Williams. The company sponsored national dental experts to independently review the case, and the reviews concluded that the treatments that Daisy Lynn Torres received before her death were “dentally necessary”.

Despite this, the toddler’s parents believe that their daughter wrongfully died and that her death was caused by a scheme that aims to bill Medicaid for unnecessary dental procedures. Betty Squier states that her child’s life “was cut short due to someone’s greed and negligence”, while Daisy Lynn’s father Elizandro Torres wants the case to be heard so it won’t happen to other people. He reminds parents that “they can ask questions” and “get second opinions, third opinions”.

The family’s attorney Sean Breen points out that Daisy Lynn’s case will hopefully highlight the fact that dentists and dental clinics all over the country are committing Medicaid fraud by doing unnecessary procedures and collecting money from them. Breen states that other parents have come out and revealed that their children also received unnecessary dental treatments from Austin Children’s Dentistry.

 

 Posted by at 2:52 pm