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Couple Awarded $1.6M, Settlement Reached in Medical Malpractice Lawsuit

Posted on November 16th, 2009 3 Comments

A confidential settlement agreement has been reached inmedical malpractice lawsuit in South Carolina.

The agreement came after the plaintiff and his wife were awarded$1.6 million, but prior to the jury determining whether punitive damages shouldbe awarded.

The malpractice suit was filed by Bruce and Linda White againstDr. Michael Kissenberth and Dr. Richard J. Hawkins. The complaint alleged thatmedical negligence during shoulder surgery by Dr. Kissenbaum causeddebilitating shoulder damages to Bruce White. White accused Dr. Hawkins offailure to obtain informed consent, saying that he was under the impressionthat Dr. Hawkins, a renowned shoulder surgeon, would be performing theoperation, not Kissenberth.

The jury awarded Bruce White $1.1 million in compensatorydamages for the nerve injury suffered during the shoulder surgery, and his wifewas awarded $500,000 for loss of consortium. The parties reached a confidentialsettlement agreement before the trial was set to enter the punitive damagesstage.

If you or a loved one has been the victim of medicalmalpractice, please contact the Philadelphia Medical Malpractice Attorneys ofLowenthal & Abrams, P.C. by calling 215-329-3511.

Texas Family Awarded $210K in Medical Negligence Verdict

Posted on November 16th, 2009 No Comments

A family in Fort Worth, Texas, has been awarded $210,530.73by a Dallas County jury in a medical negligence case.

The lawsuit was filed by Tiffany Martinez and alleged thatDr. Monica Omey and Dallas Fort Worth Orthopedic Associates, P.A. failed todiagnose hip dysplasia and provide proper care for Martinez’s newborn child.

Martinez’s daughter was born on April 7, 2005. Herpediatrician referred her to Dr. Omey for evaluation and treatment of apossible hip dislocation. The jury found that Dr. Omey was negligent in thecare provided for the child.

As a result of Dr. Omey’s failure to diagnose the hipdysplasia the child required surgery to repair her hip. She spent three monthsin a cast, several months in a brace, and may require future surgery.

Attorney for the Martinez family, John David Hart, said hewas “pleased that the jury found the physician responsible for failing toprovide the appropriate care to the baby.”

If you or a loved one has been the victim of medicalmalpractice, please contact the Philadelphia Medical Malpractice Attorneys ofLowenthal & Abrams, P.C. by calling 215-329-3511.

Actor James Woods Sues Hospital Over Brother’s Death

Posted on November 10th, 2009 3 Comments

More than three years after Michael J. Woods died in an emergencyroom, his brother, actor James Woods has filed a medical negligence lawsuitagainst his brother’s treating physician.

The Oscar-nominated actor is suing on behalf of Michael’s son Peyton. Thelawsuit charges Dr. Kelli A. Naylor with medical negligence, when she failed tonotice obvious warning signs that the 49 year-old former mayoral candidate wasin danger of a fatal heart attack.

Opening statements were delivered in a Kent County Superior Court onMonday. Mark B. Cecof, attorney for James Woods as executor of his brother’sestate, told the jury that they were responsible for finding the truth of whathappened in Kent Hospital between 4:25 p.m, when Michael Woods went in, and7:30 p.m., when he was pronounced dead.

Lawyers for the hospital claimed that when Woods showed up in theemergency room, his symptoms were ambiguous, and even if hospital staff haddiagnosed it sooner and followed proper procedures, Woods still would havedied.

Woods reported to the emergency room shortly before 4:30 p.m.complaining of a sore throat and vomiting. He was sweating profusely and Naylorordered a series of tests. One of them was an electrocardiogram which indicatedan abnormal heartbeat.

Following the test results, all the treatment rooms were full andWoods’ gurney was stationed in the hallway. Cecof said that at the very least,Woods should have been put on a heart monitor.


If you have been the victim of medical malpractice, please contact the Philadelphia Medical Malpractice Attorneys of Lowenthal & Abrams, P.C. bycalling 215-329-3511.

Judge Awards $4.34M in Medical Malpractice Suit

Posted on November 10th, 2009 No Comments

A California man was awarded $4.34 million in a medical malpracticelawsuit brought against the Veterans Administration Medical Center in West LosAngeles.

U.S.  District Court JudgeGary Allen Feess ruled in favor of 66 year-old Alvin Johnson, in a complaintbrought against the government over the actions of two Veterans Administrationsurgeons who performed Johnson’s October 2005 spinal surgery.

According to court documents, Johnson went to the medical center tohave surgery on a ruptured disc in his back. During the surgery Desalle andShields injected him with Surgifoam, a substance used to absorb excess fluidsin the area of the surgery. Some of the foam, which should have been removed,was left in Johnson’s back and expanded, pressing against his spinal cord. As aresult of the expanded foam, Johnson is now confined to a wheelchair.

Judge Feess said the doctors were told by an associate who took an MRIof Johnson’s back that his spine was compressed, however DeSalle and Shieldstook no action to correct the problem.

The government was found liable for Johnson’s botched spine surgeryand he was awarded $4.34 million in damages.


If you have been the victim of medical malpractice, please contact the Philadelphia Medical Malpractice Attorneys of Lowenthal & Abrams, P.C. bycalling 215-329-3511.

Pittsburgh Jury Awards $2.3M in Medical Malpractice Verdict

Posted on November 10th, 2009 2 Comments

A jury in Pittsburgh awarded a woman $2,300,000 in a medicalmalpractice verdict.

The Plaintiff, Vita Monestersky sued Uniontown Hospital for medical malpracticeafter the hospital failed to provide her treating physician with blood testresults resulting in a serious infection that would require a completeabdominal hysterectomy on November 11, 2004.

Monestersky went into the hospital on October 28, 2004 for inductionof labor for her second child. She successfully delivered the child and aroutine H&H blood test was administered by her treating OB/GYN. Thelaboratory at Uniontown received a panic white blood count from the test. Theresults were never given to Monestersky’s physician and she was discharged onthe 29th.

Monestersky’s attorney, Thomas Crenny, argued that the panic whiteblood count was a sign of a Strep A infection. He claimed that the defendant wasnegligent because the hospital lacked proper policies and procedures to providethe test results to the treating physician.

The verdict did not include any special damages for medical bills orlost wages. The entire verdict was for pain & suffering caused by the totalabdominal hysterectomy.

If you have been the victim of medical malpractice, please contact the Philadelphia Medical Malpractice Attorneys of Lowenthal & Abrams, P.C. bycalling 215-329-3511.

Medical Malpractice Statute of Limitations

Posted on November 5th, 2009 No Comments

There is only a limited time during which a medicalmalpractice lawsuit may be filed. This is called the statute of limitations.

The statute of limitations is a maximum period of time,after an event, that legal proceedings based on those events may be initiated.  If the statute of limitations in amedical malpractice case runs out, and a party raises this fact as a defense,and that defense is accepted, any further litigation is foreclosed.

Different than criminal offenses, the statute of limitationsfor medical malpractice claims begins, not when the mistake is committed, butwhen the harm is discovered. This means if you have been the victim of medicalmalpractice, and have only recently discovered the damage done to you, thestatute of limitations may not have expired.

If you or a loved one has been the victim of medicalmalpractice, please contact the Philadelphia Medical Malpractice Attorneys ofLowenthal & Abrams, P.C. by calling 215-329-3511. 

The Medical Malpractice Case of Kathleen Johnson-Dinsmore

Posted on November 5th, 2009 No Comments

In November 2006 an arbitration panel in Las Vegas awardedClark County resident Kathleen Johnson-Dinsmore close to $5.75 million.

When Dinsmore went in for surger at the Southwest MedicalAssociates, an anesthesiologist, Vincent Scott Collins, administered a generalanesthetic before performing the operation. That same day Collins was founddead in the facility’s men’s restroom. His body was discovered with a syringein his arm. The coroner ruled his death was the result of acute drugintoxication. Collins had died after injecting himself with a lethal dose offentanyl, the same drug he administered to Dinsmore earlier that day.

Dinsmore alleged in a lawsuit, that Collins was under theinfluence of the drug when he administered the fentanyl before surgery.

“He basically savaged her” a lawyer for Dinsmore said in thehearing.

According to court documents, Collins repeatedly prickedDinsmore with the syringe before he was able to locate a suitable vein.Dinsmore was subsequently diagnosed with reflex sympathetic dystrophy syndrome,a condition characterized by damaged nerves, burning pain, tenderness andswelling.

Dinsmore was awarded a $5.75 million verdict.

If you or a loved one has been the victim of medicalmalpractice, please contact the Philadelphia Medical Malpractice Attorneys ofLowenthal & Abrams, P.C. by calling 215-329-3511. 

Grand Rapids Sues Paraplegic Man Who Won Medical Malpractice Claim

Posted on November 5th, 2009 No Comments

A paraplegic man who settled a medical malpractice claim fornearly $2 million owes the city of Grand Rapids several hundred thousanddollars for coverage provided by the taxpayer-funded employee health plan.

50-year-old Michael Magniant suffered a spinal cord injurywhile driving into shallow water in August 2005. City Attorney Catherine Mishsaid Grand Rapids is suing Magniant for the repayment of medical bills sincehis accident four years ago as well as for future expenses for the coming year.Mish claims that the city has a right to recover its costs under thetaxpayer-funded plan that covers employees and their dependents. Magniant didnot work for the city but was enrolled through his former wife Jane Magniant, asecretary to the Mayor.

The lawsuit contends that the city’s health plan contains aclear provision to recover medical charges due to injuries caused by an act oromission of a third party.

If you or a loved one has been the victim of medicalmalpractice, please contact the Philadelphia Medical Malpractice Attorneys ofLowenthal & Abrams, P.C. by calling 215-329-3511. 

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