Medical Malpractice Cases
From medical malpractice victories in Columbus, Ohio, to the triumph of truth regarding personal injury and wrongful death cases around the country, we are fortunate to be able to play a part in the successful outcomes and resolutions presented in these cases below.
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$44.5 Million Jury Verdict | Franklin County
Bradley Metts v. Athens Medical Laboratory
Nine-year-old Bradley Metts was brought to his pediatrician’s office multiple times with complaints of ear pain, headache and numerous other concerning symptoms. Bradley had an infection, but it was not treated with antibiotics. As a result, his infection spread into his brain and ultimately caused a brain stem herniation, due to severe increased intracranial pressure. This injury caused catastrophic brain damage, leaving Bradley permanently “locked in”: He is completely paralyzed and only able to move his eyes, through which he has learned to communicate using assisted communication devices.
Athens Medical Laboratory was also named as a defendant because it lost critical abnormal blood test results indicating the presence of infection. This contributed to the failure of the pediatrician’s office to diagnose and treat the infection in a timely manner. The hospital where Bradley was eventually taken for surgery to treat his infection was also a party to the case for failing to properly monitor him following neurosurgery. The pediatrician’s office and hospital defendants settled the claims against them, and the case went to trial against Athens Medical Lab only.
$22.7 Million Settlement | Franklin County
Settlements obtained on behalf of 17 families whose loved ones received excessive and fatal dosages of pain medications while they were patients in the ICU. While many had terminal illness, their deaths were hastened by the inappropriate and woefully excessive dosages of pain medications. The hospital publicly acknowledged that at least five patients were not necessarily terminal, and additional treatment was required to see if the patient’s condition improved.
$6.5 Million Jury Verdict | Franklin County
Southard v. Whetstone Care Facility
A wrongful death and survivorship jury verdict was granted to Diana Southard and two adult daughters as a result of the death of her 62-year-old husband. He had been disabled since 1984 by an aneurysm that left him with severe cognitive deficits, including loss of short-term memory and an impaired thirst mechanism. Diana placed her husband in an assisted care facility for two weeks of respite care, with explicit instructions concerning his need for monitoring of adequate fluid intake to prevent hypernatremia and dehydration. Her instructions were disregarded, and her husband was hospitalized but died shortly after discharge from the facility due to severe dehydration and renal failure.
$6 Million Jury Verdict | Franklin County
Dick v. Hardin Memorial Hospital
This was a $6 million jury verdict against emergency room (ER) physicians for failure to timely diagnose bilateral blood clots in a patient’s legs. The patient presented to the ER three times one morning with signs and symptoms consistent with vascular occlusion before the diagnosis was recognized and the transfer for emergency surgery to restore blood supply was arranged. By the time the patient arrived at the second hospital, the window of opportunity to save the patient’s legs had been lost. ER physician-defendants contended that the diagnosis was not apparent and that her legs could not have been salvaged regardless of when the diagnosis was made.
$5 Million Jury Verdict | Franklin county
Lyons v. Clarkston
A $5 million verdict was obtained on September 3, 1999, on behalf of the family of Joyce Lyons. Mrs. Lyons was returning home from a professional conference when the car in which she was a passenger was involved in a high-speed collision. She sustained a seat belt injury from her lap belt and was transported to Mary Rutan Hospital (a local community hospital) where she was examined by an emergency physician and Dr. Mohammed Salem, a surgeon. She was admitted for observation but was not seen by Dr. Salem, or any other physician, until the next morning. When Dr. Salem examined her the following morning, he determined she was a surgical emergency. Mrs. Lyons was transferred to The Ohio State University Medical Center for emergency surgery to resect 4 feet of necrotic bowel, secondary to a torn and devascularized mesentery. Postoperatively, Mrs. Lyons developed respiratory failure, sepsis and acute respiratory distress syndrome (ARDS) and required ventilatory support and re-operation for continued infection, but she succumbed 18 days following the accident.
Mrs. Lyons was originally from Lesotho, South Africa, and had a son who was 17 years old at the time of her death. She met and married her husband while he was in the Peace Corps, and they returned to Columbus, Ohio, where she was pursuing a Ph.D. in childhood development at the time of her death. She was 37 years old.
Confidential Settlement | Franklin County
Haxton v. Riverside Hospital
In 2009, Blake Haxton – a high school senior and co-captain of his high school crew team with scholarship offers to several universities – had both legs amputated due to his doctors’ alleged failures to timely diagnose and treat necrotizing fasciitis (commonly referred to as “flesh-eating bacteria”). Blake presented to the emergency room with an extremely painful, red, swollen area on his calf. His medical care providers diagnosed him with a superficial skin infection and did not consider necrotizing fasciitis until the following day, when it was nearly too late to save Blake’s life. Blake ultimately underwent multiple surgeries resulting in the amputation of both of his legs. A lawsuit filed against Riverside Hospital and several medical care providers was settled shortly prior to trial.
$4.8 Million Settlement | Franklin County
Baby Doe v. Hospital
This was a $4.8 million settlement on behalf of a minor child severely injured during birth. The child suffered a profound, acute hypoxic-ischemic injury resulting in cerebral palsy and mental retardation. Nurses at the hospital failed to recognize and appropriately interpret nonreassuring patterns on an electronic fetal monitor and, in turn, did not timely report the overwhelming indications of lack of fetal well-being to the defendant OB-GYN.
$4.5 Million Settlement | Franklin County
Golamb v. XYZ Hospital
Leeseberg Tuttle obtained a settlement of $4.5 million during the second week of trial on behalf of the family of a man who died from improperly treated pancreatitis. Mr. Golamb was admitted to a regular hospital floor under the care of nurses who were not properly trained to manage patients with pancreatitis. The attending surgeon examined the patient, left the hospital and failed to return to reevaluate him the following morning. Lab values indicating the patient’s condition was worsening were faxed by the nurse to the doctor’s office but were not brought to the attention of the attending physician. Despite clear evidence of deterioration in the patient’s condition, no intervention was obtained until Mr. Golamb coded and was unable to be successfully revived.
$3.9 Million Settlement | Ross County
A 48 year old married woman with two children, suffered a delayed diagnosed of cervical cancer, which was finally diagnosed when the disease was stage IV and not curable. She had been experiencing symptoms of cervical cancer for years, and had been following up closely with her OB-GYN, who was examining her and obtaining Pap smears. Following the diagnosis, her OB-GYN was notified by the hospital lab that the Pap smear from 19 months earlier was misread and showed cancerous cells, which would have led to earlier diagnosis and successful treatment. In addition to the Pap smear being misread, her OB-GYN had failed to follow cervical cancer screening guidelines, which also would have resulted in an earlier diagnosis of the cancer at a time when it was treatable. As a result of her cancer diagnosis, the woman had to stop working as a nurse to focus on her extensive treatment, and was expected to suffer a wrongful death as a result of the poor prognosis.
$3.8 Million Jury Verdict | Franklin County
Lavender v. Gaines
A $3.8 million jury verdict went to a nine-year-old girl who suffered a compartment syndrome following the application of a fiberglass cast to treat a supracondylar fracture. The case successfully challenged the routine use of circular casts for such injuries because of the unnecessary danger of compromised blood supply.
$3.25 Million Jury Verdict | Richland County
Riggenbach v. The Ashland Hospital Association
On February 2, 2007, a jury in Mansfield, Ohio, awarded Joanne Riggenbach and her husband $3.25 million in compensation for injuries to Joanne caused by her attending physician’s failure to diagnose and treat a spinal epidural abscess during her hospitalization. A radiologist identified the mass on a chest X-ray, called the attending physician to alert her about it and noted it in the radiology report, but the attending physician failed to follow up on the finding. The attending physician denied that the radiologist verbally reported the mass to her and claimed she was under no obligation to review the formal radiology report that noted the mass once the radiologist reported the results of the study to her verbally. Because of the delay in diagnosis and treatment, the abscess continued to expand and compress the spinal cord until Joanne suffered permanent paralysis from her chest down. The verdict is believed to be the first in excess of $1 million in the history of Richland County.
$2.8 Million Settlement
After experiencing severe back pain and nausea for a few days, Dr. Jane Doe presented to the emergency room of ABC Hospital. Blood tests were positive for a bacterial infection but were misinterpreted and ignored. Dr. Doe was told by her doctors that she had a possible urinary tract infection and was discharged. Dr. Doe’s symptoms persisted and worsened over time, and she eventually sought further care. Her doctors eventually diagnosed a spinal infection after a two-month delay, resulting in permanent damage to her spine. Injuries included motor deficits, the need for additional surgeries and daily pain, as well as restrictions in Dr. Doe’s ability to practice medicine, which she now can only do on a part-time basis.
$2.5 Million Settlement | Cuyahoga County
A 47 year old married father of two minor children, presented to his primary care doctor with complaints of shortness of breath, and pain in his calf. The doctor felt that it was unlikely the man had a blood clot, but sent him for an ultrasound of the leg. The ultrasound showed blood clot, but was interpreted by the radiologist as “normal” showing no clot, and the man was sent home. Three days later, the man suddenly collapsed in his kitchen, where EMS was called to treat him. The man was transferred to the hospital, but ultimately died that day, as a result of blood clots that had gone to his lungs, called pulmonary embolism. Evidence showed the doctor should have ordered further testing to look for presence of blood clots in the lungs, and the radiologist misread the ultrasound.
$2.35 Million Settlement | Richland County
A 58 year old woman presented to the Hospital with complaints of neck pain and fever, following a recent procedure to dilate her esophagus. A CT scan of the neck was obtained, which showed gas pockets consistent with infection, however the scan was interpreted as normal. Another CT scan was performed 4 days later, which again showed gas indicative of infection, but it was called normal yet again. About a week later, the woman returned to the hospital with incapacitating neck pain, and weakness and numbness in her legs. An MRI was performed, which showed an epidural infection had developed in the area of her surgery, where the gas was previously seen on the CT scan. She promptly underwent surgery, but it was too late – she had suffered profound spinal cord injury from the infection, and was now quadriplegic with no ability to speak. The woman was forced to remain in a nursing home facility, and could only communicate with the use of a computer device that interpreted her eye movements.
$2.1 Million Settlement |U.S. District Court, Southern District of Ohio
Jessica Doe was 46 years old when she was diagnosed with cervical cancer. Despite treatment, her cancer quickly recurred, and she died within a year of diagnosis. Upon investigation, attorneys at Leeseberg Tuttle were able to determine that Jessica’s Pap smear slides from years earlier were misread and, in fact, showed developing cancer at very early stages. ZYX Laboratory had misread the Pap smear slides, causing a significant delay in the diagnosis of Jessica’s cancer. There were issues in the case regarding Jessica’s failure to obtain more frequent Pap smears, but those issues were overcome. Ultimately, Jessica’s husband and three daughters (one of whom was a minor child at the time) agreed to a settlement for the loss of their beloved wife and mother, who passed at the age of only 47.
$2 Million Settlement | Logan County
Jane Doe experienced severe headaches and high blood pressures throughout the final month of her pregnancy. Laboratory testing revealed that she was suffering from a condition known as pre-eclampsia, which can be dangerous to the life of the mother and the baby. Jane’s medical providers failed to order induction of delivery, despite Jane being considered “full term” and delivery at that stage being appropriate. Jane presented to XYZ Hospital for emergent delivery after experiencing extreme headaches, dizziness and vision problems. Delivery was induced, and the baby was successfully delivered. Unfortunately, during this process Jane suffered a stroke as a result of her severe pre-eclampsia. She was transferred to another facility for treatment, but ultimately could not be saved. Jane died of the complications from the pre-eclampsia and stroke.
$2 Million Jury Verdict | Union County
Legge v. Leess
Twin three-year-old boys died at home the evening following an outpatient tonsillectomy/adenoidectomy from respiratory depression. The coroner and defendant contended that the boys’ respiratory depression and deaths were the results of a lethal accumulation of codeine due to a “genetic defect” in the metabolism of codeine to morphine. The plaintiff’s experts testified that the boys had severe obstructive sleep apnea and developed respiratory depression secondary to physiologic airway collapse, a well-known complication following such surgery in young patients and those with obstructive sleep apnea. The plaintiff’s experts testified that the boys should have been admitted and monitored overnight, which would have revealed the developing respiratory depression and resulted in simple lifesaving resuscitative measures. The plaintiff successfully challenged the testimony of the defendant’s toxicology/pharmacology expert and coroner on the “gene defect” theory, which the jury rejected.
$2 Million Confidential Settlement | Franklin County
A $2 million settlement on behalf of the family of an obstetrician-gynecologist who died as a result of an alleged seven-month delay in diagnosis of colon cancer. The physician-patient was operated on for acute appendicitis with a preoperative CT scan abnormality of the large bowel. Continued abdominal pain postoperatively prompted a repeat CT scan that did not show resolution of the abnormality, as would be expected following a successful appendectomy. Radiologists and the surgeon failed to appreciate and adequately communicate the potential significance of the CT scan abnormality.
$2 Million Settlement | Franklin County
This was a confidential settlement on behalf of the parents of a 16-year-old boy, both physicians, who brought suit against a local hospital that provided cardiac care and treatment for their son’s abnormal heart condition. The son was cleared to play in competitive athletics and collapsed and died while playing basketball at a summer camp. It was determined that the previous attempts at cardiac ablation to correct the irregular electrical activity in the heart had failed, and he was still at high risk for sudden cardiac failure. The defendants unsuccessfully claimed that the boy died from the “sickling” of red blood cells because of a sickle cell trait.
$1.9 Million Confidential Settlement | Franklin County
John Doe died at the age of 43 from liver cancer that went undiagnosed for almost two years. Mr. Doe underwent a CT scan in 2013, which showed a suspicious mass in his liver. Cancer could not be ruled out by the radiologist, and an MRI was recommended. Mr. Doe’s family doctor, Dr. Jane, received this result and recommendation but never took any action to follow up with Mr. Doe. As a result of Dr. Jane’s negligence, Mr. Doe’s cancer grew and was not diagnosed until late 2014, at which point his illness was terminal.
$1,150,505.60 Jury Verdict | Lucas County
Smillie v. Schwartz, M.D.
A jury verdict in Toledo, Ohio, on behalf of the adult children of Sherrie Smillie, who died as a result of her primary care physician’s failure to diagnose and obtain treatment for a chronic pulmonary embolism of approximately four months duration. Her doctor had misdiagnosed her condition as being asthma and anemia.
$1.5 Million Settlement | Wayne County
A 60 year old married father of three children, was scheduled to undergo hip replacement surgery. Following prior orthopedic surgery, 5 years earlier, the man suffered significant pulmonary embolisms, and was therefore at increased risk of suffering blood clots or pulmonary embolism again with the hip surgery. The orthopedic doctor was aware of the prior history and risk, and failed to prescribe blood thinner medications, to prevent blood clots from forming. As a result, two days after surgery, the man collapsed and became unresponsive. EMS was unable to revive him, and he died at his home. The cause of death was presumed to be from pulmonary embolism, resulting from the recent surgery and lack of anticoagulant medication.
$1.485 Million Settlement | Franklin County
Case involved the death of a 44 year old married man with four children, following the failure to diagnose findings of a brain aneurysm on CT scan. The man suffered seizure-like activity and went to the hospital, where a CT scan was completed. While the CT scan indicated abnormality consistent with an aneurysm, the radiologist did not call out the abnormality. Had it been identified, the man would have been scheduled for surgery to fix the aneurysm. Instead, he was sent home, where he continued to have issues and symptoms, ultimately resulting in a rupture of the aneurysm, leading to his death.
$1.125 Settlement | Franklin County
Estate of Sonia Bray v. City of Columbus
Paramedics employed by the city were reckless in their failures to appropriately diagnose and treat Sonia Bray, who was suffering from respiratory arrest and congestive heart failure. The paramedics essentially delayed performing an evaluation of or treatment for Sonia Bray for nearly 25 minutes. This led her to suffer cardiac arrest, anoxic brain injury and, ultimately, death. In this case, the paramedics’ reckless actions took away any statutory immunity the paramedics would have had as municipal employees.
$1 Million Settlement | U.S. District Court
Cook v. The United States
A 29-year-old woman suffered an above-the-knee amputation due to the defendant’s failure to timely recognize the signs and symptoms of a blood clot in the leg. The failure to recognize the signs of the clot resulted in a delay in diagnosis and treatment and an inability to salvage the leg.
$950,000 Settlement | Franklin County
Garcia v. ABC Hospital And Jane Doe, M.D.
The plaintiff suffered an injury to his calf while playing soccer. He presented to his family physician and was eventually referred to the emergency room of a local hospital. The physician’s request for diagnostic tests was inaccurately communicated to the attending radiologist, resulting in a failure to have proper tests performed to rule out compartment syndrome. The plaintiff went on to develop compartment syndrome, and the leg was amputated. The defense contended that the plaintiff did not develop compartment syndrome, but rather bacterial necrotizing fasciitis, which would have resulted in the amputation of the leg in any event to save the plaintiff’s life.
$900,000 Settlement | Washington County
The wrongful death of a 64-year-old retired woman who was survived by her spouse and three adult children. She went to the hospital for vascular bypass surgery, but the surgeon neglected to notice that Ms. Doe’s blood thinner medication had not been stopped at least five days prior to surgery. He proceeded to operate on Ms. Doe, and she suffered significant and uncontrollable bleeding after the surgery. She ultimately died as a result of the blood loss.
$880,680 Jury Verdict | Franklin County
Estate of Ronald Nielson v. Riverside Radiology & Interventional Associates, et al.76-year-old Ronald Nielson fractured his neck after a fall. He presented to Knox Community Hospital, and a CT scan was obtained. The CT scan was read by Dr. Nicholas Peponis, a radiologist with Riverside Radiology, as showing no sign of fracture. As a result, Ron was sent home, without immobilization. Overnight, Ron developed an epidural hematoma in the area of the fracture, and began to experience neurologic deficits. He was rushed to OSU for emergent surgery to remove the hematoma and repair the fracture. Unfortunately, Ron suffered quadriplegia as a result of the hematoma, and was unable to leave the hospital or rehab facilities. He ultimately died within three months, which the jury found to be unrelated to the injury or quadriplegia.
$875,000 settlement | Franklin County
This was a wrongful death case against the hospital on behalf of a physician-husband and adult children, arising out of the death of Dr. Jane Doe, a retired physician, age 70, following a cardiac ablation procedure that resulted in the perforation of a cardiac artery. Alleged delay in recognition, diagnosis and treatment of the perforation led to death from hypovolemia and shock. The case remains pending in Tampa, Florida, against the remaining defendant physicians.
$860,000 Settlement | Ohio Court of Claims
A confidential settlement of $860,000 to a patient who underwent a knee surgery performed by orthopedic surgeons. The patient suffered permanent and debilitating injuries as a result of the procedure.
$850,000 settlement | Franklin County
Doe v. EFG Hospital
After experiencing severe back pain for a few days, Jane Doe developed altered mental status and was transported to EFG Hospital’s emergency room in very serious condition. After admission to the hospital, Ms. Doe was experiencing neurologic dysfunction in her arms and legs, but those findings were not evaluated properly. Ultimately, an MRI showed that Ms. Doe had developed a large spinal infection or abscess that was causing permanent damage to her spinal cord. She was treated with surgery and antibiotics but was unable to regain the use of her extremities. She remains partially paralyzed and will never work again.
$850,000 Settlement | Hamilton County
Cook v. Bethesda Hospital
An $850,000 partial settlement for a minor injured during resuscitation for neonatal distress. The evidence established that attempts to oxygenate had been inadequate, that a UAC catheter had been misplaced and that improper medications had been administered through the catheter.
$850,000 Settlement | Franklin County
Cutshall v. Children’s Hospital
An $850,000 partial settlement for a minor injured during resuscitation for neonatal distress. The evidence established that attempts to oxygenate had been inadequate, that a UAC catheter had been misplaced and that improper medications had been administered through the catheter.
$875,000 Settlement | Hardin County
Jane Doe, 72 years old, was admitted to the hospital for a fractured pelvis. After a few days in the hospital, she became dehydrated, her abdomen was painful and she began to suffer from a systemic infection. Dr. Doe failed to properly respond to the dehydration or abdominal pain and failed to diagnose a loss of blood flow to the bowels. Jane ultimately suffered cardiac arrest and could not be successfully revived. Upon the onset of the abdominal pain, Dr. Doe should have performed X-rays or other imaging to evaluate the new and severe pain. Had this been done, it would have revealed mesenteric ischemia and/or bowel obstruction. Jane then would have been transferred to a higher-level facility for surgery and recovery.
$800,000 Settlement | Marion County
Cornell v. Drew
Settled for $800,000. Gary Cornell went to a dermatologist for treatment of a spot on his forehead that seeped fluid and would not heal. The physician took a biopsy, and the sample was sent to the defendant pathologist to interpret. The defendant misread the slide as containing no cancerous cells. Mr. Cornell was not diagnosed with cancer until almost seven months later.
Experts retained on behalf of Mr. Cornell testified that he had a greater than 50 percent chance of survival of the cancer had the pathology slides been properly read and the cancer timely treated. Mr. Cornell’s chance of survival has been greatly decreased as a result of the delay in diagnosis.
$800,000 Settlement | Ohio Court Of Claims
Milum v. Ohio Department of Rehabilitation and Correction (ODRC)
An inmate in Pickaway Correctional Institute who suffered a forequarter amputation (the shoulder, arm, shoulder blade and part of the chest wall disarticulated from the body) due to a delay in the diagnosis and treatment of an infected hair follicle. There was a delay in the recognition of the severity and nature of the infection, which developed into necrotizing fasciitis and resulted in the radical surgery.
$750,000 Settlement | Miami, Florida
The patient was a 49-year-old married father with young children who had a cardiac condition since childhood. As an adult, it was determined that he needed to have valve replacement surgery when his valve began to fail, and he started to experience cardiac symptoms. The surgery was scheduled as an elective surgery, and, prior to the date of surgery, the patient suffered a severe myocardial infarction (heart attack). He was hospitalized but not monitored in a cardiac intensive care unit (ICU). Mr. Doe’s condition deteriorated, and he died. Mr. Doe’s experts, a cardiologist and cardiothoracic surgeon, both opined that the surgery should have been scheduled emergently and that the care following his cardiac arrest contributed to his death.
$750,000 Settlement | Allen County
Penn v. Malaya
A $750,000 settlement on the second day of trial. Medical negligence and wrongful death of a 74-year-old retired man, the surviving spouse of a 10-year marriage with no children. Failure to timely diagnose and treat a postoperative bleed following laparoscopic gallbladder surgery, which resulted in death.
$750,000 Settlement | Franklin County
A $750,000 confidential settlement. A defendant surgeon encountered complications during a routine laminectomy and requested neurosurgical assistance. Surgeons who had privileges at the hospital refused to come to the physician’s aid. The plaintiff later developed permanent sequela from the procedure. Despite peer review statutory immunity, the plaintiff established that the defendant hospital had questioned the surgeon’s competence two months before the procedure but took no action. The settlement included a contribution by the hospital.
$675,000 Settlement | Franklin County
A $675,000 settlement on behalf of a 45-year-old patient against defendant physicians who failed to timely diagnose a spinal epidural abscess. The unchecked abscess developed into meningitis, resulting in permanent neurologic damage. The patient suffers from short-term memory loss, cannot walk without the assistance of a walker and undergoes rigorous physical therapy to maintain mobility.
$665,000 Settlement | Franklin County
Rehn v. Baytion
A $665,000 settlement for a malpractice action on behalf of a 39-year-old man diagnosed in 1989 with testicular seminoma. The patient was improperly diagnosed as stage I rather than stage II based on a CT scan abnormality. An inadequate radiation dosage and a field employee resulted in the eventual recurrence of seminoma as a pelvic mass. The mass was improperly resected rather than treated with radiation and chemotherapy, leaving the patient with an orthopedic disability in the left leg.
$650,000 Settlement | Galia County
A 59 year old woman was diagnosed with stage IV cervical cancer after nearly two years of symptoms. She had been obtaining regular screening with Pap smears ordered by her OB-GYN, which continually came back as “normal.” In actuality, a Pap smear 14 months prior to the cancer diagnosis was misinterpreted, and did actually show abnormal cells indicative of cancer. Hospital records indicated that a subsequent review of the Pap smear agreed that the Pap smear was abnormal, and should have been called out that way. The woman ultimately died of her cancer three years after it was diagnosed, once it had spread to her lungs, kidneys, and brain.
$625,000 Confidential Settlement | Franklin County
The physician-patient was required to undergo surgery for the removal of a benign tumor on his adrenal gland. Preoperative testing revealed the tumor was a rare pheochromocytoma, which can cause volatile effects on the production of hormones and necessitates preoperative precautions. The preoperative testing was overlooked, and the physician-patient suffered a severe hypertensive crisis as anesthesia was being administered. Surgery was aborted, but the physician-patient had suffered a neurologic injury and cognitive deficits affecting his ability to continue practicing medicine. The defendants unsuccessfully argued that the standard of care did not require preoperative precautions, but physicians on the staff of that hospital had published about the necessity of such precautions. There was a confidential settlement.
$600,000 Partial Settlement | Knox County
Primary care physician failed to appropriately provide prostate cancer screening to the patient, which resulted in the patient developing prostate cancer that was Stage IV when finally diagnosed. Patient had requested screening with PSA testing, but the doctor decided not to test the PSA more than one time, and therefore, failed to engage in proper screening.
$600,000 Settlement | Franklin County
Babamova v. John Doe Defendant
A settlement on behalf of Victor Babamova, a surviving adult brother, arising out of the death of his 66-year-old sister due to an alleged delay in radiologic identification and treatment of a retroperitoneal sarcoma, which is an extremely rare tumor with a poor prognosis that is typically asymptomatic and not diagnosed until unresectable.
$525,000 Settlement | U.S. District Court, Northern District of Ohio
Estate Of Jack Doe v. County Jail And Nurses
A settlement on behalf of Jack Doe’s surviving parents and siblings, arising out of his death at the jail. After being incarcerated for possession of heroin, Mr. Doe, age 28, complained to jail and nursing staff that he was suffering heroin withdrawal. The medical staff failed to provide appropriate treatment for Mr. Doe’s condition. After four days in the jail, Mr. Doe suffered severe dehydration and seizures and ultimately died as a result of his severe heroin withdrawal. He never received appropriate monitoring, evaluation or treatment for his condition.
$500,000 Settlement | Franklin County
A wrongful death settlement for a 63-year-old woman who suffered a delayed diagnosis of colorectal cancer after her family physician failed to recommend a routine screening colonoscopy. Ms. Doe was experiencing digestive issues but had never received a colonoscopy, which is recommended in patients over age 50, especially those patients who are experiencing symptoms. Her family physician deemed her symptoms to be related to irritable bowel syndrome. After presenting to another physician over a year later with her symptoms unresolved, Ms. Doe was given a colonoscopy that ultimately diagnosed her with cancer. As a result of the delayed diagnosis, Ms. Doe’s cancer had progressed to stage IV at the time it was diagnosed, making treatment impossible.
$500,000 Settlement | Licking County
Nursing staff and physicians at the hospital failed to properly recognize signs and symptoms of a bowel obstruction in a patient recovering from a stroke. The bowel obstruction continued to worsen over the course of two weeks, yet the staff failed to diagnose a problem until it was too late. Once medical providers tried to treat the bowel obstruction, the patient was already suffering from sepsis. She proceeded into septic shock and multiorgan failure, ultimately passing away.
$500,000 Settlement | Franklin County
At age 14, Joey Doe went to a podiatrist to evaluate a leg length discrepancy since birth. The podiatrist performed an extensive surgery on Joey’s foot, including a fusion. This surgery led to numerous complications, including fractures. Joey was scheduled to have further surgery on his foot with the podiatrist, but it was canceled because the podiatrist lost the right to operate at the hospital. After a second opinion, Joey was informed that he was too young for these issues and was not a good candidate for further surgery at that time. However, after attempts at conservative treatment, Joey ultimately required a below-the-knee amputation of his leg at the age of 17. Joey’s settlement was one of many involving the podiatrist for improper surgeries on numerous patients.
$478,000 Settlement | Franklin County
The mother of Baby Doe presented to a Columbus hospital in labor with her first child. Labor progressed without issue. The OB-GYN decided, prematurely, to attempt to deliver the baby using a vacuum and forceps. These were unsuccessful but caused great distress and injury to the baby, who was ultimately delivered by C-section. As a result of the vacuum, the baby suffered a massive subgaleal hemorrhage (bleeding in the head) and had to be transferred to a children’s hospital for care. Unfortunately, after about a week, it was clear Baby Doe was not going to survive, and life support was withdrawn. The doctor claimed Baby Doe was having trouble and needed to be delivered, but all signs were reassuring at that point, and a vacuum should not have been used, especially without proper consent from the parents.
$475,000 Settlement | Franklin County
Bookshar v. Kay
A $475,000 settlement on behalf of a 50-year-old laborer against the defendant surgeon who permanently damaged the plaintiff’s radial nerve during surgery to repair a right elbow fracture. The defendant surgeon admitted that the technique he employed during the surgery was not a proper means of fixation and, in fact, had left a 10-centimeter segment of nerve missing. The plaintiff was not able to return to work for 15 months, has had to undergo six surgeries and endures extensive physical therapy and rehabilitation.
$450,000 Settlement | Lawrence County
A 10 year old boy suffered a knee injury during karate class and presented to an orthopedic surgeon for surgical repair. The surgeon performed a procedure he had never performed before, that was not appropriate to treat the boy’s injury. As a result, the surgery quickly failed, and caused more injury to the boy. His knee was ultimately repaired by a pediatric orthopedic surgeon, however the damage to the knee was so significant the boy had activity restrictions for the rest of his life. He will also require numerous surgeries on his knee, and eventually knee replacements throughout his lifetime.
$400,000 Settlement | Belmont County
Weigand v. Barnesville Hospital
A $400,000 settlement for medical negligence and wrongful death. Failure to timely diagnose and treat infective endocarditis in a 40-year-old single woman with no dependents and no economic loss.
$390,000 Settlement | Franklin County
Shardell v. Grant/Riverside Methodist Hospitals, Et Al.
A stillbirth of a healthy full-term baby due to a failure by the OB-GYN to respond to fetal distress and deliver the baby in a timely manner.
$375,000 Settlement | Union County
John Doe, a 42 year-old male, was referred to an orthopedic surgeon at ABC Health System to evaluate a rotator cuff tear. He underwent surgery but experienced postoperative infection and complications. John was a diabetic, and his lab values were not well controlled at the time of the surgery. Per hospital policy, elective surgery should be delayed until the diabetes is under control. This is because a greater risk of infection exists with diabetes uncontrolled. Despite the apparent infection, the orthopedic surgeon also failed to timely diagnose the complication, which led to the further destruction of tissue in John’s shoulder. John required additional surgery to his shoulder, and his ability to work is now restricted due to his shoulder injuries.
$350,000 Settlement | Franklin County
A podiatrist performed an improper surgical repair of the foot and ankle, resulting in the need for extensive additional surgeries. These surgeries resulted in the foot and ankle being fused, and created significant difficulty in the man being able to walk normally.
$325,000 Settlement | Franklin County
Dr. Jones, a family physician, prescribed Reglan to Mr. Doe for gastroparesis (a gastrointestinal dysfunction). However, Dr. Jones prescribed Reglan in an inappropriate dosage for an inappropriate length of time, directly contrary to the manufacturer’s recommendations and FDA-approved warnings. Mr. Doe developed tardive dyskinesia (a severe movement disorder similar to Parkinson’s) as a result of the three years of Reglan usage. There is no cure for tardive dyskinesia, and there are very little treatment options to control the involuntary movements caused by the condition.
$300,000 Settlement | Montgomery Account
Jim Doe, a single male with adult children, was admitted to the hospital for management of severe chest pain. He was prescribed multiple opiate pain medications, in very large doses, by the hospital doctor. The doctor continued increasing the opiate pain medications, including the addition of a Fentanyl patch. The Fentanyl dose was increased after one day and caused Mr. Doe to die from an overdose of opiate medication. The doctor did not properly prescribe the opiates, nor did he properly monitor the patient for signs of overdose.
$220,000 Settlement | Court of Claims of Ohio
Ron Lee was admitted to OSU for elective prostate surgery, utilizing robotic assistance. Following the surgery, Ron complained of extreme pain in the abdomen, that persisted in spite of pain medications. Ron was sent home in this condition, as doctors concluded it was merely “gas pain.” Ron returned the following day, in much worse shape. However, it took days for doctors to figure out that he had a perforation of the bowel, which was causing infection to develop in his body. This required surgery and a prolonged hospital stay, while Ron recovered from the infection, and resulted in about two years of additional treatment relating to the bowel issue.
$200,000 Settlement | Franklin County
Diederich v. PHC, INC.
A $200,000 settlement demand paid on the morning of trial for the death of a newborn, despite the testimony of eight local obstetricians that the care of the defendants complied with acceptable medical practice. The plaintiffs established that the refusal of obstetricians to criticize local colleagues was a “conspiracy of silence,” and that plaintiff had not been informed of a safer way to manage her pregnancy, which would have avoided the death of her child.
$200,000 Settlement | Franklin County
Ms. Doe routinely obtained Pap smears with her gynecologist, Dr. Doe, and had a history of being HPV positive. Despite Jane developing concerning symptoms of abnormal bleeding or spotting and her history of abnormal Pap smears, Dr. Doe failed to conduct further evaluation of Jane’s symptoms. After four years of symptoms, Jane switched gynecologists and was promptly diagnosed with cervical cancer.
$185,000 Settlement | Franklin County
An orthopedic surgeon mis-interpreted MRI findings of the shoulder of a young man who was experiencing pain in the joint. The surgeon recommended surgery based on the incorrect findings of a torn labrum. This negligence resulted in an unnecessary surgery, and delayed diagnosis of the actual problem causing the man’s shoulder pain, which was lymphoma.