Settlements & Verdicts

$6.5 Million - 4-year-old – Paraplegia. Scoliosis surgery performed, spinal cord damage, paralysis.

4 year old male was evaluated at an orthopedic clinic where the Defendant physician decided during the very first visit that the child needed surgery to straighten his spine although numerous CTs, MRIs and plain x-ray films showed no progression of his scoliosis. The physician discussed this surgery with the parents on several occasions and documented the surgery that he intended to perform in his office notes. However, less than a week prior to surgery, the physician decided to perform a different procedure. Plaintiff’s experts testified that the technique used during the surgery was negligent and below the standard of care and that the pedicles were burst on both sides causing bone fragments to enter the spinal cord. Additionally, all experts for the plaintiff testified that the surgery was not even necessary and that the scoliosis had not progressed since birth and was unlikely to progress in the future.

$2.5 Million – Wrongful death of a single male with no dependents Failure to Treat by Family Practice. Heart Attack.

$2.225 Million - 6 year old – wrongful death – failed intubation A 6 year old male was taken to the emergency room with breathing difficulties. During an intubation attempt in the emergency room, the pediatric ER physician inserted the tube improperly, causing brain damage and eventual death of the 6 year old patient.

$1.575 Million - 71- Year-Old Accident Victim - Misread Spinal Films - Failure To Spot Fractures - Quadriplegia, Resulting Death The patient was involved in a motor vehicle accident and was taken to an emergency room via ambulance. Spinal films taken in the emergency department were interpreted as normal. Due to reports that the patient had suffered an episode of syncope and was found slumped over the wheel of the vehicle, he was admitted for a workup regarding the syncope. Two days after admission, the patient suffered a respiratory arrest and was intubated. He remained hospitalized for 31 days before his spinal fractures were discovered during a neurologic consultation. He had surgery to attempt to stabilize his spine. However, by this time, the fractures had become dislocated and bone fragments had torn the spinal cord. The patient lived the remaining 15 months of his life in a long term care

$800,000 – February 2006 – Wrongful Death – Nursing Care- Drug Overdose /Error Ativan/Lorazepam Overdose A 68 year old man was admitted to the hospital with pneumonia. He was put into a drug induced coma to allow him to be intubated while he recovered from the pneumonia. The nurses on duty administered 473 mgs of Ativan over a 24 hour time period. The patient became comatose and never regained consciousness. At the time of his death, he was retired but working part-time. He was survived by his wife and adult children.

$540,000 – Gentamicin Toxicity – Failure to monitor levels results in ototoxicity A 40 year old male was prescribed gentamicin for a foot infection. The orthopedic physician ordered that peak and trough levels be drawn by the home health agency. These were not done and the physician never realized he was not receiving weekly reports of his levels. The patient developed ototoxicity and now experiences balance impairment which has left him unable to work or drive.

$500,000 – Failure to diagnose neck fracture A 74 year old man who fell from his tractor was taken to the emergency room where his x-rays were read as normal. He had a fractured neck and later died from the injury.

$490,000 –January 2007-Wrongful Death – Patient Bled to death during Laparoscopic Surgery A 66 year old female underwent laparoscopic surgery for a hernia. Upon insertion of the trocar, the surgeon injured several vessels and arteries and the patient bled to death. She was a travel agent who was survived by her adult children.

$450,000 – December 2005 – Wrongful death – Emergency Room Auto Accident – Hematoma-Head Injury – Failure to order Brain CT A 69 year old man was involved in a rear end auto collision. He was taken to the emergency room via ambulance. He complained of head ache in the emergency room and had low blood pressure. He was on anticoagulants. No head studies were performed and he was discharged. While waiting for his daughter to pick him up, he was found unconscious in the emergency department waiting room. He later died as a result of an undiagnosed bleed in his brain. He was 69 years old and employed as a caddy at a country club. He was survived by his adult daughter.

$425,000 – September 2005 – Wrongful death – Nursing error Sleep Apnea, failure to insure post op patient was wearing CPAP machine while hospitalized post-operatively A 60 year old female was admitted to the hospital for neck surgery. She suffered from sleep apnea and brought her CPAP machine with her to the hospital. She informed the staff that she had to wear it at night. The surgery went fine. At 11:30 p.m. she was given an injection of Demerol. When the nurse checked on her at 5:30 a.m. she was unresponsive and was not wearing her CPAP machine. The staff at the hospital had not insured that she was wearing her machine and failed to perform proper neurological checks on her in the post operative period. She died as a result of the brain injury she suffered. She was employed in the medical records department of a local neurosurgery group. She was survived by her adult son and daughter.

$399,000 – December 2006 - Wrongful Death - Methotrexate toxicity – Nursing home, pharmacy negligence A 75 year old female suffered methotrexate toxicity while a resident in a nursing home. She had recently been discharged from the hospital and the physician’s discharge medication orders were misinterpreted by the nursing home. The pharmacy providing the drugs to the nursing was also negligent in that they should have recognized she was receiving too much methotrexate. She was hospitalized but did not survive. She was survived by her adult children.

$380,000 – Loss of Kidney – Blocked Ureter – Urology A 17 year old male underwent surgery for testicular cancer. Following the surgery in the post op period, the patient’s signs and symptoms of a ureter obstruction were not diagnosed by the treating urologist even though it was evident on a radiologic study. The patient ended up losing his kidney as a result of the blockage.

$375,000 - October 2008- Failure to Diagnose Lung Cancer – Death 47 year old single male had chest CT performed due to complaints of chest pain. Chest x-ray was read as negative, but it really showed a Stage 1 lung cancer that was respectable and curable. Patient returned for another chest CT two and a half years later and it was discovered that he had a lesion and that it had been present on the first CT Scan. Patient died less thank a month later.

$250,000 – January 2008 – Male patient treated for Lyme disease – did not have Lyme disease Patient was treated with IV antibiotics for almost two years for Lyme disease. Patient never had Lyme disease.

$250,000 – October 2006 - Perforated Uterus during Dilatation and Evacuation – Gynecologic Negligence A 28 year female underwent D&E at 16 weeks due to a lethal malformation of her fetus. During the procedure, the gynecologist perforated her uterus and removed parts of her colon causing such damage that she had to undergo a subtotal colectomy.

$250,000 - ER Physician Failed To Diagnose Stroke - Several Risk Factors - Discharged - Partial Paralysis Plaintiff presented to the ER with complaints of numbness in her arm, unsteady gait, headache and dizziness. She had several risk factors for stroke. The emergency room physician failed to perform an adequate examination of plaintiff. He did not even ask plaintiff to stand up or walk during the exam to assess her gait and unsteadiness. A neurology consult was not ordered and patient was discharged.

$250,000 – Failed Intubation of a gunshot victim – October 2008 – single male, no dependents Plaintiff was shot while waiting for a bus. He was taken to the emergency room. He had respiratory difficulties several days after his injuries from the gun shot wound were repaired. During the attempted intubation, the physician inserted the tube in to the abdomen. Patient sustained a brain injury and later died.

$250,000 – Patient in respiratory distress, taken to CT scan and died- October 2008 Plaintiff was in the hospital recovering from colon surgery. He began to have respiratory difficulties several days after his surgery. A resident ordered a chest CT. While in the CT Scanner the patient coded and died. Our experts say that the patient should have been stabilized prior to going to CT.

$200,000 Delayed Diagnosis Of Stroke Symptoms Carotid Blockage - Delayed Diagnosis Of Stroke Symptoms - Paralysis – Poorer 62 year old male who was already in hospital exhibited stroke symptoms and reported them to his nurse who did not contact doctor.

$160,000 - Orthopedics - Failure To Properly Treat Leg Fracture The plaintiff, a 17-year-old male, claimed the defendant failed to properly treat his tib/fib fracture resulting in a 35% permanent partial disability of his leg.

$150,000 Laparotomy - Marshall Marchette Krantz Procedure (Bladder Tack) Suture Through Ureter - Second Surgery Necessary - Colitis Plaintiff injured during laparotomy and Marshall Marchette Krantz Procedure (Bladder Tack). Suffered colitis and required second surgery.

$120,000 – Failure to diagnose lung cancer- 45 year old smoker Plaintiff had a chest x-ray in the emergency department due to complaints of chest pain. The x-ray showed a lung lesion. She was discharged without having been told the results of the x-ray. She died of lung cancer 42 months later.

$100,000 Verdict - Laparoscopic Tubal Ligation Procedure - Ureter To Bladder Severed - Failure To Discover And Repair Surgeon severed ureter to bladder while inserting trocar during attempted laparoscopic tubal ligation; failure to discover and repair injury.

$147,500 – September 2006 – Spinal Cord Injury – Failure to Diagnose -Motorcycle Accident – Emergency Room Negligence A 60 year old male was involved in a motorcycle accident. He loss consciousness and was taken by ambulance to the emergency room. He was treated and released. That night while at home he began to lose sensation in his extremities. He was taken to a different hospital where they diagnosed his spinal cord injury. He still has limited function in one arm and one leg.

$120,000 - Nursing Home Negligence Wrongful Death Resident Fell From Bed Side Rail Left Down This claim arose from the death of a 60-year-old female nursing home resident. The resident had a history of seizures, was very weak and was undergoing dialysis. The resident's physician had ordered, and the resident's family had requested, that her side rails be kept up at all times for safety.

$75,000 – March 2007-retained surgical sponge – hospital negligence A 35 year old female underwent hernia repair. A surgical sponge was left behind causing her to suffer abdominal pain, nausea and vomiting. A second surgery was performed to remove the sponge.

$75,000 - Medical Malpractice - Nursing Home Negligence Employee Entered Room Door Struck Resident Fall, Broken Hip This claim arose from a hip fracture of an 81-year-old nursing home resident. An employee entered the resident's room, striking her with the door and causing her to fall, causing a hip fracture

$70,000 - Patient Had Congestive Heart Failure - Needed Lasik - Failure To Administer Alleged This claim was filed after the death of a 68-year-old female. The patient was taken to the defendant hospital complaining of nausea and vomiting. She also had a history of congestive heart failure. Lasik was not administered and the patient died of her congestive heart failure.

$60,000 - Liver Punctured - Discovered Next Day - Permanent Filter Needed The patient was hospitalized for a possible pulmonary embolism. During a diagnostic thoracentesis, the patient's liver was unknowingly punctured. The patient's condition declined following the procedure. The puncture was discovered the next day. The patient was transferred to the ICU where she stayed for several days. She now has a permanent filter placed as a result of this injury.

$50,000 - Radiology - Failure To Diagnose Tuberosity Fracture The plaintiff alleged the defendant failed to diagnose an ischial tuberosity fracture in a 15-year-old male. Principal Injuries (in order of severity): Ischial tuberosity fracture, resultant five percent permanent partial disability.

$47,500 –Gynecologic Malpractice – defective medical instrument A 31 year old had an HTA procedure performed and suffered severe burning of her vaginal area and buttocks. She suffered severe pain for several weeks following the injury and was left with noticeable scarring in the areas.

$25,000 – August 2006-retained surgical sponge – hospital negligence A 28 year old female had a hysterectomy. While still hospitalized following the birth, she was found to have a retained sponge. It was removed and she suffered no permanent affects.

$15,000 Pharmacy Negligence – Misfilled Prescription A 25 year old self employed male was prescribed prednisone for asthma. His prescription was misfilled. He called the pharmacy for clarification and was still advised to take the wrong amount, a much higher dose than his physician intended for him to receive. He took the dosage as directed and begin to experience tachycardia for which he was treated in the emergency room. He suffered no permanent damage.

$10 Million - 31 year old male left Quadriplegic By Falling Tree Branch In 2003, plaintiff was a 31-year-old with a wife and young child. He was a senior in college and worked full time to help support his family. On his way to work, plaintiff was driving down a street when a storm with high winds hit. A large branch which overhung the street broke off of a tree and landed on plaintiff's car. The trunk of the tree was located on private property. Plaintiff was rendered a C-5 quadriplegic as a result of the incident.

$1.87 Million - Defective Residential Condo Complex Construction Moisture Rotten Wood, Structural Failure The plaintiff, a condominium complex, filed suit for defective construction, including moisture intrusion.

$1.1 Million - Defective Residential Condo Complex The plaintiff, a condominium complex, filed suit for defective construction.

$550,000 - Trucker's Eye Injured On Loading Dock - Loss Of Use
A 59-year-old male truck driver was struck in the eye by a dock board pin while on a loading dock. He is permanently disabled due to his injury.

$540,000 Property Damage and $250,000.00 – Bad Faith-Insurance Case

Engineer and his wife suffered a fire loss. Matter was arbitrated and award for home against insurance company was $540,000.00. It was discovered through the process that the insurance company was acting in BAD FAITH and in violation of Chapter 58 of the North Carolina General Statutes. A second cause of action in tort was begun and later settled for an additional payment of $250,000.00.

$224,000 – Rear-End Collision – Neck And Back Injuries – History Of Disk Disease – Binding Arbitration This claim arose from a rear-end collision while the plaintiffs' vehicle was stopped. The plaintiffs were a 64-year-old female driver and her 63-year-old husband. They suffered back and neck injuries.

$150,000 – Auto Accident – Rear End Collision A 66 year old male was rear ended and struck his head on the back windshield of his pick up truck causing bilateral subdural hematomas for which he underwent brain surgery. He was left with memory loss.

$50,000 – Ambulance gets lost on the way to Heart Attack Victim A 70-year-old married male suffered a heart attack. An ambulance was dispatched. They failed to use the on board navigation system. They could not locate the residence. A second ambulance was dispatched. Plaintiff’s argued that the delay made a difference in the patient’s outcome.