Medical Malpractice Successes
MEDICAL MALPRACTICE CASE SETTLES FOR OVER $1 MILLION
Gary Burger settled a medical malpractice case for over $1 million last week (Feb 2012). Our client, Kelly Sinn was diagnosed with, but not properly treated for, a brain aneurysm. Kelly went to a Southern Illinois emergency room and the ER doctor diagnosed a recent brain aneurysm Kelly had a “thunderclap” headache or the worst headache of your life and had problems for a few days before she was brought into the emergency room. The doctor there did brain tests and found an aneurysm, but did not do a spinal tap to assess whether it was still bleeding or keep her for observation or refer her to a neurosurgeon (which is the standard of care). Two days later the aneurysm ruptured again causing brain damage. When an aneurysm happens, immediate treatment is needed to prevent further bleeding and brain damage. Fortunately, Kelly has made a good recovery and lives at home with her father. We were able to file suit and aggressively pursue this case and obtain the full insurance policy limits for Kelly. In addition, we worked with the family to put the money in a trust so that Kelly can continue to get benefits to help her for medical care for the rest of her life. This is called a Supplemental Needs Trust and puts the money in a trust for needs that are supplemental, or in addition to, the needs provided by Medicaid. Gary could not be more proud and has a lot of gratitude for being able to help Kelly and her family-they’re very good, honest and kind people who deserved good aggressive and honest representation. Thank you to the Sinn family.
Failure to diagnose dislocated lunate in wrist Our client broke his wrist. The wrist is a complicated structure. When treating a broken wrist, special care must be taken to determine the type of break and its effect on the surrounding nerves and tissue. Our client had a dislocate lunate – his bone impinged on a nerve and there was a small window of time to correct this. Obviously, this window was missed. Gary Burger fought opposing counsel aggressively for this tough man, and got him the settlement he deserved in a court ordered mediation prior to trial.
Brachial Plexus Injury. Gary Burger settled Rebecca and Joshua Aubuchon v. Arthur Casey, a medical malpractice case in the City of St. Louis, Missouri. We pursued this case because Dr. Casey violently yanked and pulled on Joshua during delivery. The nurses immediately noted Joshua’s left arm was not moving properly. The family learned later that Joshua had suffered a brachial plexus injury at birth. This occurs when a delivering obstetrician pulls too hard and too long on a baby after the child’s head is delivered. The sholder is lodged against the pelvic bone and cannot easily clear it. If a doctor pulls too hard and doesn’t patiently use proper birthing techniques, the child’s shoulders pull away from the baby’s neck and an injury to the nerves occur. Joshua had great medical attention after the birth. But, he will never have real use of his left arm. Gary caught Dr. Casey playing games with his medical records, not putting in entries and some other issues. We were able to work out a complicated settlement, and got Joshua all the money available to him on the doctor’s insurance policy. We cannot divulge the amount of the settlement because of confidentially provisions in the settlement agreement.
$175,000 VERDICT in Saint Louis County. After a cesarean section birth, the plaintiff’s surgeon left a sponge in her abdomen. This was not diagnosed for seven days after her surgery, despite x-rays that were incorrectly read by the radiologist who misidentified the surgical sponge left in her. After a painful week of system blockage and stomach swelling, the sponge was noted on x-ray films and in a second surgery the Defendant doctor removed the sponge and went home with her child. Monica suffered painful adhesion disease and needed medical treatment and procedures to ease her ongoing abdominal pain and discomfort because of the sponge. Prior to the trial, Gary settled Monica’s claims against the Radiologist and the St. John’s nurses. We had successfully proven the x-ray films were reported wrong and that the nurses had incorrectly done the sponge count. The trial was interesting in that the jury knew we had settled out with the most culpable Defendants. The Defendant doctor wanted his day in court – to try to tap into the natural good will we all feel towards doctors. We presented a good case with genuine, believable experts, and our client did great. The jury returned a verdict for Plaintiff in the amount of $175,000.00. Gary Burger was able to get the defendant to admit leaving the sponge was his fault in cross examination. The case was the subject of an article in the St. Louis Post Dispatch.
Cerebral Palsey Cases Cantor & Burger represents families of children affected by cerebral palsey, when caused by the negligence of the doctor during delivery. Sometimes during delivery, a doctor will not adequately and properly monitor whether a child is in distress and/or is getting sufficient oxygen and blood supply. That is why doctors use fetal heart monitors to assess a fetus’ wellbeing. Failure to timely deliver a child vaginally or decide to do a cesarean section of the child can cause injury to the child because of lack of sufficient oxygen. This injury results in what is commonly and medically known as cerebral palsey. Cantor & Burger has represented numerous families against obstetricians, physicians, nurses and hospitals to recover money to help take care of these afflicted children. We have settled these cases and obained good results for the children.
Infection after surgery In the summer of 2011 Mark Cantor settled a hotly contested liability case for a person with a serious infection following a surgery. Because of the confidentiality provisions, details cannot be provided here. However, we were happy to reach a resolution. Infection cases can be very difficult because they can occur even with the best of care.
