Verdicts & Settlements
Verdicts & Settlements
$7.7 million Verdict Dr. Xiao Di and Nan Qiao v. Cleveland Clinic Foundation and Dr. Andrew Esposito Cleveland, Ohio
This case involved negligent actions during a medical procedure that left Dr. Di, a neurosurgeon formerly employed by the Cleveland Clinic Foundation, no longer able to operate. Back on Feb. 12, 2010, Dr. Di was performing surgery when he injured his left eye. Subsequent to that work-related injury, he underwent surgery to have his eye repaired. During that procedure, a hole was torn in Dr. Di’s iris and his left pupil was destroyed due to the negligent actions of Dr. Esposito and the Cleveland Clinic Foundation medical team. After a 2 ½ week trial, the jury awarded $7.7 million for the doctor’s pain and suffering, loss of consortium and to replace prior and future lost wages.
$1.2 million Verdict Victoria and Steve Stamper v. Michael Draznik, M.D. Hamilton County, Ohio
Mrs. Stamper had her bowel perforated by Dr. Draznik during open abdominal surgery to remove scar tissue and a portion of her fallopian tube that was inadvertently left in during a previous surgery performed by Dr. Draznik. By the time the perforation was diagnosed after a four day delay, Mrs. Stamper was septic and had developed acute respiratory distress syndrome (ARDS) and permanent lung damage. After a two week trial and three days of deliberations, a Hamilton County jury found in favor of the Stampers and awarded them $1.2 million, including $425,000 for Steve Stamper's loss of consortium.
$1.6 Million Settlement: Jane Doe vs ABC Hospital Anonymous City, Ohio
This client was the victim of a medication error. The nurses failed to monitor her after the medication was prescribed, and as a result she suffered a significant brain injury. While no amount of money can ever make up for the time and quality of life our client lost, the settlement will help pay for her life-long care, and offer the family some security in the future.
$8.5 million Settlement Jane Doe v. ABC Hospital Anonymous Ohio City
A 10 year old girl was diagnosed with a stomach virus when she really had an appendicitis. She was hospitalized for 4 days where no radiology studies or lab work was done to identify the problem. Her parents kept complaining of her declining health until she arrested from her infection spreading throughout her body. This arrest left her brain damaged and unable to speak, feed herself or take care of herself in any way. The settlement enabled her family to take her home, equip a special house for her needs and provide her with nursing care and future medical care. The family has also invested in unique medical therapy including hyperbaric oxygen chamber therapy and potentially stem cell therapy.
$10 million Verdict Josh Terry v. Dr. Ernest Lindell Toledo, Ohio
Josh was only a teenager when he was paralyzed by a surgeon who negligently plunged an instrument he was using into Josh’s spinal cord, causing permanent damage. Despite the obvious negligence Dr. Lindell’s insurance company, ProAssurance, denied his claim and fought the case for many years by delaying the case and hiring lawyers to take the case to trial. Thankfully a Jury found in favor of Josh, and his mom and dad, providing the family the largest verdict in Lucas County history. Josh has used this compensation for education, equipment and housing better equipped for his paralysis and future medical care, including research and care into curing his paralysis.
$910,000 Verdict Kelly Maron et al. v. Lake Health Systems and Dr. Timothy Pritchard Lake County, Ohio
A surgical towel was left in Kelly’s abdomen after a June 2009 surgery to remove colon cancer and was not discovered until November 2009. It caused the removal of 2/3 of Kelly’s small bowel and massive digestive issues which will last her entire life. Tried in Lake County Court of Common Pleas, the verdict reached on August 30, 2012 for this case has been informally reported as the largest medical negligence verdict in that county’s history.
2.25 Million Verdict Estate of Jane Doe v. ABC Hospital Anonymous City, OH
A 34 year old married mother of two boys recently delivered her third child. During surgery for the delivery, a C-section, a portion of intestines were injured. This lead to an infection that went undiagnosed for several days. Unfortunately she died as a result. A confidential settlement was reached before trial.
$2.9 million Settlement John Doe v. Anonymous Defendant Dayton, Ohio
A man was in the hospital for injuries received at his home when an accident on his farm occured. This accident would not have resulted in permanent injury but was serious enough to require a breathing tube until he improved. His breathing tube was blocked by secretions and his vital signs worsened, however the nursing staff failed to appreciate the decrease in his condition. Eventually he suffered a respiratory arrest which led to severe and permanent brain damage rendering him unable to care for himself. The settlement will enable his care to be increased and may allow his family to purchase the equipment necessary to bring him home and to travel for additional therapies.
$2.45 million Settlement Jane Doe v. ABC Hospital Cincinnati, Ohio
A young woman was not properly diagnosed in the Emergency Room as well as on the floor of a hospital leading to continued seizure activity. Unfortunately this caused permanent brain injury and led to the necessity of physical therapy and other home based care. This case was resolved after various experts were hired and a settlement demand was made prior to filing a lawsuit. The settlement was able to provide much needed medical care and even a trust to help treat the condition for the remainder of the client’s lifetime.
$2 million Verdict Woodruff v. Lima Memorial Hospital Lima, Ohio
Mr. Woodruff, a married man with numerous children, was admitted to LMH to have a procedure. While there he was placed on a ventilator after the procedure was completed. He began to show signs of a decrease in oxygen which was ignored by the nursing staff. In fact, they attempted to blame a physician for not responding to their alleged complaints. Eventually, because he was being deprived of oxygen, Mr. Woodruff became disorientated and he dislodged his breathing tube which caused him to go into arrest. This was also mismanaged and led to his eventual death. An Allen County Jury provided this award, which at the time was the largest verdict in the County’s history.
$2 million Settlement Jane Doe and family v. ABC Hospital Anonymous Ohio City
A 59 year old woman just completed successful heart transplant surgery and was set to be discharged home. She developed shortness of breath and an x-ray confirmed fluid had collected around one of her lungs. A simple procedure needed to be done to drain the fluid and allow her to breath easier. The x-ray was ordered in the early morning hours by a Resident and then not properly communicated to various Attending physicians who saw her later that same day. Both Attending physicians failed to appreciate the x-ray findings and her condition began to deteriorate. Unfortunately she suffered a respiratory arrest when the fluid was not drained which left her with brain damage. She was unable to care for herself independently and required attention by her children at all times. This matter was settled a few weeks before trial and allowed for a Trust to be set up to pay for home nursing care, medical equipment and home modifications for her to live safely.
$4.5 million Settlement John Doe v. ABC Hospital Columbus, Ohio
A young boy was in the hospital for pain in his stomach. A radiology study was being done to determine the cause and possible surgery for it. Because of the pain his breathing was difficult and had to be continually monitored. During the study his family was with him and became concerned that he was not breathing correctly. Despite their protests the staff ignored them and proceeded with the study. He ultimately stopped breathing completely and suffered brain injury when they were not able to perform CPR in a timely manner because of the delay. Because of the workup and time spent investigating the case, we were able to settle this matter before filing the case. The settlement was used to set up a Trust for the child, enabling him to purchase special equipment and care to take care of his many needs due to his brain injury.
$1.7 million Settlement John Doe v. ABC Hospital Lima, Ohio
This remains one of the most disturbing cases we've ever handled. The client’s were a happy and close knit family whose father had heart surgery. After surgery his wound became infected and was being treated with another operation. During the evening his wound began bleeding slowly but obvious signs were there. The nurse on staff that night was new and ignored the signs of bleeding. In addition, she later changed her records in an attempt to avoid liability. An expert in chart alterations was hired who caught her in this attempt. Despite the chart alteration and the obvious and gross negligence, the Defendant’s fought and the case was not settled until years later and the week before trial.
$5.5 million Settlement Jane Doe v. ABC Trucking Company Cleveland, Ohio
An energetic and sweet married woman was on her way to a fitness center during her lunch hour from work when she was broadsided by a 18 wheel truck which had run a red light. While she broke many bones in her body the impact caused a traumatic and force fueled injury to her brain. This injury was particularly disturbing as she was able to talk and, at times, seemed normal. However, the brain injury made it so she was unable to remember conversations or be able to independently function to take care of herself or others. The settlement allowed her to obtain brain injury therapy that was cutting edge at the time and resulted in some improvement. Unfortunately she is still unable to take care of herself, however a Trust set up to care for her has provided equipment and housing modifications.
$1.1 million Settlement Jane Doe v. ABC Hospital Cleveland, Ohio
A woman in her 50′s was in her local hospital recovering from surgery when she began to develop pneumonia. Her oxygen saturation rates dropped several times during a days and she had signs of chest pain and infection in her lungs. These signs were ignored by the nurses and doctors and she eventually arrested and died in the early morning. Litigation ensued and we deployed numerous experts to prove this case. After many depositions, and before trial, we were able to resolve this matter. The decedent and her husband had adopted their grandchild, who was very young at the time of her death. The settlement enabled him to be better taken care of and look forward to a college degree.
$2.2 million Settlement Jane Doe v. ABC Hospital Newark, Ohio
This case was a tragedy but was fortunately settled before a lawsuit had to be filed. A young woman died after a short stay in the hospital due to an undiagnosed infection. She left behind a husband and two children they had together. Due to the settlement we were able to provide college and retirement funds for the boys and the surviving spouse, respectively. While the compensation doesn’t begin to make up for the loss, it was put to good use to advance the family and provide them security for education and allow child care help as well.
$4.65 million Settlement Baby Doe v. ABC Hospital Cincinnati, Ohio
This case involved nurses attempting to blame an OB for not attending to warning signs during a delivery. The OB indicated he was in the on call sleeping room the entire night and was never called in a timely manner. Lost in this senseless fight was the family of a little girl who was born brain damages for the failure of the nurses and the OB to act and deliver the child appropriately. After researching the records it was apparent the nurses had falsified the records to reflect calls to the OB they never made. Despite all this both Defendants pushed this case to the eve of trial before resolving the matter. The family has utilized the award to provide education, equipment, housing and nursing care to provide for their daughter who is now nearing her teenage years.
$4.6 million Settlement Jane Doe v. ABC Hospital Cleveland, Ohio
This was a tragic case of a young, happily married woman who was nearing the end of her second pregnancy when she became ill with strep throat. She went to a local hospital and was admitted with a fever and other abnormalities in her vital signs. Lab work came back which confirmed she was infected however both the nurses and her physician allowed the results to sit on the hospital’s fax machine unchecked. She eventually became even more sick and additional signs of this progression were ignored by the staff and her physician. Her infection forced her into labor where she died as she gave birth to her second child. While remaining one of our most tragic cases, the settlement allowed her two young children and husband to secure college education funds and attempt to rebuild their lives.
$1.25 million Settlement Jane Doe v. ABC Company Dayton, Ohio
A woman who was in her 20′s and recently married died after a product she was using was found to be defective. There was a class action suit throughout the country however I elected to contact the company directly and discussed resolving her case without having to join the class. Thankfully this case was resolved before a lawsuit or the necessity of joining the class action was required.
$3.15 million Settlement Jane Doe v. ABC Hospital Cincinnati, Ohio
A young teenage developed a genetic spinal malformation and was eventually operated on at a local hospital. During the surgery her spinal cord was being monitored by staff to ensure it was not put under undue stress by the procedure. Unfortunately, the obvious signs on the monitor were overlooked by an inexperienced and negligent staff member allowing the surgery to proceed when it should have been stopped. Upon waking up she was found to be permanently paralyzed from the waist level down confining her to a wheelchair. After this settlement she was able to attend an outstanding University which was well known for being handicapped accessible, and now lives in a specially designed home to accommodate and help with her paralysis. She remains and inspirational client with an eye toward some day curing her condition. She is also now contemplating law school to help others.
$3.5 million Settlement Jane Doe v. ABC Hospital Columbus, Ohio
A young married woman who had two young boys was admitted to her local hospital for an infection of her wound site after a resent spine surgery. She needed and IV line established so she could receive fluids and her needed antibiotics to cure her infection. Had this happened she would have been fine, the infection cured by these medications. Unfortunately, the nursing staff delayed placing the IV line during the day and the entire evening. By morning her condition had worsened and she never recovered, eventually dying of her infection which had then shut down her important organs.
$3 million Verdict Leslie Hall v. Dr. Helmut Schrieber Cleveland, Ohio
Les Hall elected to have bariatric surgery after having failed at losing weight for many decades. He went to Dr. Schrieber who had advertised his services and program for this type of surgery as one of the best in Ohio. After surgery, Les developed a leak in his intestinal tract at the area where the surgery was performed. Many signs and symptoms developed which were consistent with this leak however Dr. Schrieber did not follow up on these. Les eventually become infected throughout his body and, although he survived his ordeal, he suffered permanent and painful nerve damage which effects his ability to walk and take care of himself. At trial, Dr. Schrieber attempted to blame other physicians for his failure to follow up. A Cuyahoga County Jury returned a verdict in Les Hall’s favor. Les’ client testimonial regarding my representation of him can be found on AVVO.com and this website. He remains a close friend and has referred me cases frequently throughout the years.
7 Million Dollar Settlement with Anonymous Central KY Hospital
A single, 30 year old man underwent a colon resection for Crohn's disease. Post-operatively, he developed complications that were not recognized by the hospital staff until he suffered a cardiac arrest. He was successfully resuscitated, but suffered hypoxic brain damage during the arrest. As a result of the brain damage, he is a quadriplegic and will require 24 hour care for the remainder of his life.
$8.5 million Settlement Jane Doe v. ABC Hospital Anonymous City, Kentucky
This case involved a medical procedure performed in a hospital during which an inproperly placed catheter caused a child to suffer bleeding around her heart. Unfortunately this caused the child to suffer an arrest which resulted in severe brain injury. The settlement enabled her family to provide medical care, as well as purchase much needed medical equipment, in order to care for their child properly.
$7.5 million Settlement John Doe v. ABC Hospital Anonymous City, Central Kentucky
This case involved the negligent administration of anesthesia that caused a middle aged man from central Kentucky to suffer a cardiac arrest. As a result of the arrest, the gentleman, who previously worked as a welder, suffered severe brain damage. The settlement provided the money necessary to provide for his care since he was no longer able to care for himself.
$2.8 Million Settlement: Jane Doe vs. ABC Hospital Anonymous city, Eastern KY
This case involved a failure to timely recognize the signs and symptoms of hydrocephalus in a 39 year old married woman. As a result, the condition went untreated until the patient suffered severe brain damage. She died a year and half later. The deceased left behind minor children. The settlement compensated the children and husband for their loss of consortium claims as well as the decedent’s estate for her year and a half of pain and suffering.
$2.5 million Settlement Jane Doe v. ABC Hospital Anonymous City, Cental Kentucky
A teenage woman who was not appropriately monitored following gastric bypass surgery become septic and arrested. She suffered brain damage, can no longer walk and lost the use of her hand. She is not capable of gainful employment. The settlement money compensated her for her inability to work and helped provide her assistance with her activities of daily living.
$900,000 Settlement John Doe v. ABC Hospital Anonymous City, Western Kentucky
A 54 year old man had blood chemistry inappropriately corrected resulting in brain stroke and significant brain damage requiring extensive rehabilitation and resulting in the loss of use of an extremity. The gentleman was working in the logging industry at the time and was unable to return to any gainful employment as a result of his disability. The settlement monies compensated him for his loss of income and for the pain and suffering he had to endure as a result of the doctor’s negligence.
$800,000 Settlement John Doe vs. Anonymous KY Pharmacy and John Doe M.D
A 73 year old man suffered a sub-arachnoid hemorrhage in his brain as a result of Coumadin interaction with inappropriately prescribed antibiotics, and as a result of the pharmacy not identifying the physician error before filling the prescription. He passed away a few days later. The monies were used to compensate his surviving spouse of 50 years for her loss.
$1.3 million dollar settlement – Jane Doe vs. Anonymous Central Kentucky Doctor
Active 75 year old teacher, residing in central Kentucky, was left paralyzed from waist down after epidural injection for management of back pain. The monies were to compensate her for her pain and suffering and necessary expenditures to accommodate her disability.
$800,000 Settlement – Jane Doe vs. Anonymous Eastern West Virginia Nursing home and Anonymous Defendant Doctor
Wrongful death of 84 year old woman admitted in an Eastern West Virginia Nursing Home for rehabilitation. She developed a severe infection of her leg that went undiagnosed until it was gangrenous. Ultimately, the leg had to be amputated after which she succumbed to overwhelming sepsis/infection.