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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

Auto Accident Injury Nets Paralyzed Man $2.1M

 Negligence  Comments Off on Auto Accident Injury Nets Paralyzed Man $2.1M
Nov 032019
 

 

On June 29, 2015, Donald Berger was driving his minivan east on Hulton Road, in Penn Hills Township. Unfortunately, he was involved in a head-on collision with Caleb Wilson, who was heading west. Caleb Wilson caused the accident, after he crossed the roadway’s center line.

Unfortunately, Berger suffered injuries, particularly on his back, head and one leg.

Berger sued Wilson. According to Berger, Wilson was driving negligently. Defense counsel conceded liability. The trial addressed damages.

Berger sued Wilson for negligent driving.

Berger was rushed to hospital by an ambulance. After his initial assessment, Berger was diagnosed with paraplegia due to various injuries including comminuted distal radial fracture of the left femur, a nasal fracture, nasal lacerations, dislocation of the left index and ring fingers, rib fractures, closed head injury, great toe fractures, and a fracture of the T5 vertebra.

Berger was admitted and an external fixator was placed on his left thigh. Later, Berger was taken in for open reduction and internal fixation with bone grafting, which involved fixing his left femur fracture with surgical plates and screws.

During his stay in the hospital, Berger experienced a heart attack and pulmonary embolism. Consequently, a blood-clot filter was implanted and removed in February 2017. After stabilizing, he was transferred to an inpatient rehabilitation facility where he underwent extensive physical therapy. Berger was also suffering from impaired word fluency due to a frontal lobe injury.

When Berger was discharged, he experienced various complications including vascular problems on his legs, chronic venous stasis on both legs, and edema and ulcers on his toes. Additionally, the broken skin on his toes needs to be wrapped and monitored on a daily basis. Other than that, Berger has developed muscle spasticity and neurogenic bowel and bladder dysfunction.

According to physical medicine and life care planning experts, Berger’s future medical needs include a total left-knee replacement, medication, neuropsychological testing and treatment, handicap modifications and medical monitoring.

Before his accident, Berger would sometimes use a wheelchair due to multiple sclerosis. According to his testimony, he was still able to live an independent lifestyle despite his condition. However, Berger is now confined to a wheelchair due to the various injuries caused by the accident. Consequently, he requires round-the-clock assistance for activities like dressing, bathing and using the washroom.

Berger sought to recover $2.3 million to $3.6 million in future medical costs, including damages for past and future pain. Additionally, Berger sought compensatory damages for suffering and disfigurement.

According to his wife’s testimony, she has become his caregiver due to his limitations. According to the wife’s testimony, wrapping and binding Berger’s swollen feet and broken skin is laborious and exhausting. Therefore, she sought damages for loss of consortium.

According to the testimony given by the defense’s expert orthopedist, Berger femur fracture healed well, and he does not need knee replacement. Additionally, the defense’s life care planning expert testifed that Berger’s future treatment for his auto accident injury would be minimal. According to the expert’s statement, if the accident had not occurred, Berger would have still required assistance with his day-to-day activities due to his multiple sclerosis.

According to the Jury, the sum total of Berger’s damages was $2.1 million.

This report is based on information from the plaintiff’s counsel. Defense counsel did not respond to calls for comment.

 

More info

Berger v. Wilson

Verdict: $2.1Million

Date of Verdict: May 22.

Court and Case No.: C.P. Allegheny No. GD-17-007297.

Judge: Patrick M. Connelly.

Type of Action: Motor vehicle.

Injuries: Back, head and leg injuries.

Plaintiffs Counsel: Joshua P. Geist, Goodrich & Geist, Pittsburgh and Gary L. Ciao, Ciao, Torisky and O’Connor, Pittsburgh.

Plaintiffs Experts: Edward R. Westrick, orthopedic surgery; Pittsburgh;  Varsha A. Desai, life care planning; Blue Bell;  Charles J. Burke III, orthopedic surgery; Pittsburgh;  Richard B. Kasdan, neurology, Pittsburgh; William M. DeMay, physical medicine; Johnstown.

Defense Counsel: Marc B. Zingarini and Elizabeth C. Grabey, McGivney, Kluger & Cook, Philadelphia.

Defense Experts: Kathleen Ryan Kuntz, life care planning, Jamison.

 

Citation

https://www.law.com/thelegalintelligencer/2019/10/24/jury-awards-plaintiff-2-1m-in-paralyzing-auto-accident-injury/?slreturn=20190924182307

 

 Posted by at 7:25 am

Lime Scooters Sued After Accident

 Products Liability  Comments Off on Lime Scooters Sued After Accident
Oct 132019
 

 

A woman in San Antonio is suing Lime, the popular scooter company. The case comes from an injury that she sustained when riding her scooter and hitting a hole that was in the street. The individual, Tina Galvin, 47, was riding her scooter on June 15th when she came to contact a small pothole in the street. It sent her careering from the scooter, throwing her off the vehicle.

Limited lighting was the reason given as to why Galvin was unable to avoid the incident. The lawsuit laid out said: “The failure of the Lime scooter caused Plaintiff to be suddenly and unexpectedly ejected from the scooter and thrown to the ground, resulting in serious injuries to her head, face, neck, knee, forearm and wrist,”

The claim also states that the design of the scooter meant that it was not able to traverse potholes safely – a noted failure, according to the legal team representing Galvan.

During the incident, her knee became so swollen that she was unable to walk. She also suffered bleeding from her knee, forehead, and her front teeth are now loose as a result of the impact – which meant her teeth went through her bottom lip. On top of this, Galvan suffered a broken arm in the incident.

Slipped discs in her back are also a common. Post-incident, she was able to contact 911 and get help via the Baptist Hospital downtown. The lawsuit believes that a lack of road markings around the area was negligent, with recent repaving in the area where the incident had taken place. The hole itself was less than 4” long, according to provided imagery.

A dangerous condition

As part of the lawsuit, her legal team said: “San Antonio knowingly left the condition of the roadway in a dangerous condition as it relates to lawful e-Scooter users,”

From August 2018-June 2019, around 200 EMS calls have been made regarding scooter-related injuries. Incidents involving scooter riders being injured have reduced in number since scooters were banned from being operated overnight. This came in on July 1st, with Rey Saldana, a former councilman for District 4 saying: “San Antonio has been allergic to investing in ways to share the roads with anyone but cars.”

With a significant rise in the number of scooter-related lawsuits coming up across the USA, this might not be the last case that we see like this. Indeed, deaths have becoming more common for scooter riders, with 24-year-old Jakoby Stoneking a high-profile fatality in recent years.

 

Citation

https://cbs4indy.com/2019/09/20/north-side-woman-files-lawsuit-against-lime-after-being-injured-in-scooter-accident/

 Posted by at 9:37 am

St. Louis Lawsuit Settles at $385,000 for Tilles Park Injury

 Negligence  Comments Off on St. Louis Lawsuit Settles at $385,000 for Tilles Park Injury
Sep 262019
 

 

When someone goes to a location like Tilles Park in St. Louis, Missouri, or any kind of fun-filled location, the aim is to have fun and to cut loose from the challenges of the normal day. However, when those trips become a challenge in themselves, it can be easy to see why people react with negativity.

A personal injury claim that was recently put against the city of St. Louis has now been settled. A young girl who was alleged to be smashed with a 200lb racquetball door that was left off of its hinges at Tilles Park has now been provided with a settlement.

The settlement, provided by St. Louis Circuit Court Judge Michael Mullen, awarded a settlement of $385,000. This included $128,333 in attorney fees, paid to the Zedan Davidson Roman law firm. Around $208,000 was set aside in annuity and trust for the girl, who is aged 7 at the time of writing. The remainder of the fees will pay for medical and miscellaneous costs.

With a cap of $430,000 on damages per person in a personal injury lawsuit against public entities like a city, this was pretty close to reaching the limit. The individual who was harmed was placed in a medically induced coma in 2016 for a period of close to one month. It’s believed that she could suffer from long-term harm due to the injuries that she has suffered.

It’s a major win for the family, as well as for anyone who has witnessed the kind of pain that can take place when a minor is injured. Speaking about the reason for the incident was the grandmother of the injured party, Tammy Poirrier. She said: “They need to take more responsibility and actually do their work orders in a more timely manner.”

 

A reward in kind

She also stated that if the city does not have time to correct broken and damaged equipment then it should be removed from the premises.

The door has previously been reported to park facility maintenance staff, but nothing was done about the repair in time. However, the city of St. Louis still claims that it has done nothing wrong. In settling the matter, the city “…intends merely to avoid further litigation and buy its peace,” according to the records now stored at the court.

The main thing is that the injured party has survived, and that some form of compensation has been provided for the individual who has been harmed. Hopefully, it will lead to an improvement of on-park standards and ensure that, in future, people will be cared for when they happen to be on the premises.

 

Citation

https://www.stltoday.com/news/local/metro/st-louis-settles-lawsuit-for-involving-girl-injured-at-tilles/article_90379e32-93f6-5e62-b104-05d154f4e15b.html

 Posted by at 4:41 pm

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

Trampoline Injures 4-year-old Boy, Lawsuit Begins

 Uncategorized  Comments Off on Trampoline Injures 4-year-old Boy, Lawsuit Begins
May 262019
 

As a youngster, being able to enjoy messing around on items like bouncy castles and trampolines is huge fun. We allow ourselves to just let loose and go free, enjoying everything about our bouncy entertainment for the afternoon. However, sometimes, things can go wrong when we let ourselves get a little too carried away.

Other times, though, the problem is entirely of the making of the equipment. A current lawsuit filed at Tarrant County District Court, though, will look to determine what took place with a young boy.

The 4-year-old was injured at a trampoline park in Fort Worth and will now have to see an orthopaedic specialist once every six months until the age of 18 due to the injuries suffered. With only one person permitted to be on a trampoline at any one time, the young boy was put at risk when other, larger, children joined him on the same trampoline. At this point, a professional is supposed to blow the whistle and stop the trampoline when that rule is broken.

According to the lawsuit, though, this did not happen. The young boy was then put through a recoil impact, propelling him into the air and losing control. He slammed down on the trampoline, causing major injury to his right leg. The growth plate areas of his tibia and fibula were increasingly damaged and forced him to undergo several surgical treatments as well as six-monthly orthopaedic treatment.

It will also prohibit the youngster from playing sports. The company who is being accused, Flight Deck, are accused of negligence by not providing the required supervision to the child. The family is suing for a fee of $1m. One interesting part of the case, though, is the waiver that parents sign online. If signed by an adult for a minor, they acknowledge that the park could mean “known and unknown risks that are inherently dangerous and that can result in personal injury, including physical and emotional injury, paralysis, death or damage.”  – at least according to the waiver.

It also means that the person who participates has medical insurance, and that Flight Deck cannot be held responsible for the injuries. The waiver further states that any personal injuries suffered cannot be taken back to Flight Deck. What happens with this case, then, is anyone’s guess. What is for sure, though, is that this case will press forward.

Citation

https://www.star-telegram.com/news/local/article228777644.html

 Posted by at 12:23 pm

U.S. Olympic Committee Sued for Larry Nassar Sexual Abuse

 Child Abuse  Comments Off on U.S. Olympic Committee Sued for Larry Nassar Sexual Abuse
Apr 142019
 

As one of the biggest scandals in present US sporting news, fifty-one women are presently suing the US Olympic Committee, as well as board members and former officials. This lawsuit follows the accusation that committee did not do enough to prevent abuse at the hands of Larry Nassar, the sports doctor. The lawsuit was filed in Denver federal court, and details that abuse up until the late 1990s took place – including to one victim as young as 8-years-old.


Many of the women involved in the suit say that, due to their young age and sexual inexperience, they were not aware that the abuse was taking place. When victims began to tell stories of their own abuse at the hands of Nassar in his 2018 sentencing for child pornography and sexual abuse, though, many more began to come forward. A December 2018 report also noted that the USOC was slow to react to cases of sexual abuse.


Many of the women involved in the suit say that, due to their young age and sexual inexperience, they were not aware that the abuse was taking place. When victims began to tell stories of their own abuse at the hands of Nassar in his 2018 sentencing for child pornography and sexual abuse, though, many more began to come forward. A December 2018 report also noted that the USOC was slow to react to cases of sexual abuse.


The new lawsuit, then, alleges that the USOC has broken Title IX, and the constitution, by failing to act quickly. At present, the USOC said it has no comment to make on any pending litigation. It contends in other cases, though, that it should not be held responsible for the crimes of Nassar. The lawsuit also outlines sexual abuse that was carried out by six other coaches, again making note of the slow response from the USOC. However, the majority of plaintiffs say that Nassar was their abuser.


The majority also state that, despite their parents being present during the examinations, Nassar would position the child in a way that obscured parental viewing. One plaintiff says that they openly gasped when being touched by Nassar, who responded “Sorry, cold hands.”


The plaintiffs involved are asking for compensation, but also asking for major reform within the USOC. Almost all top executives at USOC have either left or been remoed after the sentencing of Nassar took place in 2018.


Source

http://time.com/5552786/women-sue-us-olympic-committee-larry-nassar/

 Posted by at 9:35 am