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Medical Malpractice & Negligence Case Results

$12 Million Settlement - Anesthesia Errors

A 55-year-old Vietnam veteran underwent oral surgery at Hines V.A. Hospital. While he had a pre-existing cardiac condition, he did not receive a cardiology evaluation prior to the procedure to determine whether a general anesthetic should be used. In addition, he did not receive proper monitoring of his blood pressure during the surgical procedure. He suffered a cardiac event during surgery that was not detected within a timely fashion. As a result, he suffered severe hypoxic brain damage, and he now requires 24-hour nursing care.

$6.25 Million Settlement - Failure to Diagnose Breast Cancer

After a woman received a mammogram at a Chicagoland hospital, irregularities were noted. However, follow-up diagnostic tests were performed incorrectly and failed to uncover a tumor that had formed in the patient's breast. A year later, the patient developed severe symptoms and was diagnosed with Stage IV breast cancer that had spread to multiple parts of her body. She underwent a hysterectomy and other procedures, including chemotherapy, but even with treatment, her cancer is expected to result in her death in the near future. If the mammogram had been performed correctly, cancer may have been diagnosed at Stage III, and she could have received treatment that would have prevented her condition from becoming terminal.

$5.46 Million Verdict - Spinal Procedure

A 38-year-old male truck driver underwent a spinal surgery at Silver Cross Hospital in Joliet. However, the surgeon improperly operated to the wrong intervertebral disk level and failed to properly disclose the mistake to the patient for a period of time, which required the plaintiff to then undergo another spine procedure. This was the highest verdict reported for an incorrect disc excision.

$4.52 Million Verdict - Misdiagnosed Stomach Cancer

Upper gastrointestinal histopathological slides for a 38-year-old woman were misinterpreted at Adventist Hinsdale Hospital, resulting in the plaintiff’s stomach cancer not being properly diagnosed until 16 months later. The original slides showed Stage I adenocarcinoma (stomach cancer), and when the slides were properly diagnosed, the plaintiff was at stage III. As a result, the plaintiff was at a 56% chance of recurrence, although at trial, the plaintiff still had not had a recurrence.

$3.1 Million Settlement - Brain Aneurysm Misdiagnosed

The defendant, a neurosurgeon, misdiagnosed the 36-year-old plaintiff’s complaints of headache and spinal pain as the flu and failed to order a CT scan and lumbar puncture. As a result, the plaintiff suffered a ruptured cerebral aneurysm with brain damage injuries three weeks later.

$2.5 Million Settlement - Failure to Diagnose Cancer

This medical malpractice settlement was obtained after physicians failed to properly identify and treat liver abnormalities which eventually developed into cancer. The plaintiff went to the hospital with chest pain, and radiographic tests were performed to determine its source. However, the physician ordering the exams and the radiologist failed to communicate when abnormalities were seen in the patient's liver. Accordingly, the plaintiff was never informed of his condition and was not diagnosed with liver cancer until almost three years later. Attorney Daniel E. O'Brien fought on behalf of the plaintiff and his family.

$2.44 Million Verdict - Spinal Procedure

A 47-year-old female postal worker underwent a spinal surgery at Michael Reese Hospital. However, the doctor operated at two incorrect intervertebral disk levels. The plaintiff was required to undergo another spinal surgery which resulted in four disk spaces being fused. At the time, this was the highest verdict for an incorrect disc excision.

$2.40 Million Verdict - Medical Settlement

Attorneys, Timothy Richardson and Daniel O’Brien, secured a $2,400,000 settlement against a suburban hospital for the death of a 52-year-old unmarried retired man. Plaintiff claimed the emergency room failed to properly work up his repeated headache complaints above and beyond a CT scan of the brain that was negative for bleeding. Unfortunately, the man was suffering from a rare undiagnosed bone marrow condition that caused brain bleeding. After he was discharged from the hospital, the brain bleeding progressed over the next three days, which caused his death. Plaintiff alleged that if the emergency room had ordered a routine blood test, the results would have shown abnormal platelet levels, which would have led to further hematological workup, including a bone marrow biopsy and an eventual diagnosis of his bone marrow disorder.

$2.387 Million Verdict - Medical Malpractice

Winters Salzetta O'Brien & Richardson, LLC obtained a jury verdict on behalf of a young woman who suffered infertility as a result of medical negligence. During the course of her pregnancy, the young lady tragically suffered a miscarriage. The defendant doctor failed to remove the products of conception following the miscarriage, and as a result, one of the plaintiff's fallopian tubes needed to be partially removed, rendering her unable to have children in the future.

$1.6 Million Settlement - Spinal Procedure

A 43-year-old female maintenance worker underwent an anterior cervical discectomy/fusion with hardware at Edward Hospital. The surgeon negligently inserted the screws through the vertebra into the lower disc space, causing disc disruption and collapse, radiculopathy, and chronic pain.

$1.5 Million Settlement - Hospital Fall

Cook County - Attorney Timothy Richardson - The defendent’s nursing staff allegedly failed to assess an 80-year-old woman as a significant fall risk after she underwent cardiac catheterization in November of 2008. As a result, she suffered an unwitnessed bathroom fall that caused an occipital skull fracture with intracerebral brain bleed—which was not immediately diagnosed—and resulted in disabling brain damage. She died in 2012. The defendant contended the patient was alert and oriented before the fall and had been told not to get out of bed without help. The settlement was paid by CHRPP for Swedish Covenant Hospital.

$1.325 Million Settlement - Failure to Diagnose Breast Cancer

A 43-year old woman received treatment from her gynecologist and reported a mass in her breast that was around two centimeters in size. The gynecologist failed to include cancer in his differential diagnosis, and he did not refer the patient to a specialist for a biopsy. While a mammogram was ordered, a screening mammogram was performed rather than a diagnostic mammogram. In addition, the radiologist misinterpreted the mammogram and failed to report the mass in the breast. As a result, the cancer went untreated and progressed from Stage I to Stage II or III when it was diagnosed by another physician over a year later.

$1.25 Million Verdict - Failure to Diagnose Infection

Paul L. Salzetta achieved a verdict in a Cook County medical malpractice case on behalf of the family of a man who passed away following a doctor's failure to diagnose a spinal infection.

$900,000 Verdict - Death at VA Hospital

Our firm received a verdict in the United States District Court for the family of a military veteran who was refused treatment by the VA Hospital after the veteran informed the hospital that he suffered from suicidal thoughts. The veteran was a patient at the VA Hospital receiving treatment for substance abuse, major depression, and psychoses with thoughts of suicide. The treatment began after the veteran was honorably discharged from his service in the United States military, including active combat service. The hospital discharged the veteran with a supply of pills despite his insistence that he remained suicidal. The veteran tragically committed suicide in the lobby of the VA Hospital by consuming the pills provided to him by the hospital. The case was tried on behalf of the family in federal court by John F. Winters, Jr. and Bart J. Galvin.

$900,000 - Medical Negligence

This recovery was for a woman who suffered damage to her esophagus due to medical negligence caused by physicians performing sclerotherapy. Long-term endotracheal intubation caused scarring and a hoarse voice.

$400,000 - Anesthesiologist Error

This medical negligence injury occurred when a retired gentleman was admitted to Northwestern Memorial Hospital for lumbar surgery. The anesthesiologist carelessly performed placement of the endotracheal tube, causing partial damage to one of the plaintiff's cords and temporarily induced coma, necessitating several months of rehabilitation.

Hospital Negligence

A hemiparetic 73-year-old man who was recovering from a stroke aspirated a AA battery into his right lung when he placed it between his lips while changing the batteries in his transistor radio. Despite an X-ray showing the battery in his lung, the treating physician believed it was outside plaintiff’s body. The plaintiff was not diagnosed until he underwent a CT scan a day later, and the battery was removed via bronchoscopy on the third day. After this incident, the plaintiff’s preexisting pulmonary problems worsened, and he died two months later.

American Association of Justice American Board of Trial Advocates Illinois State Bar Association Illinois Trial Lawyers Association
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