$3.4 million dollars on behalf of a
young boy, who suffers from cerebral palsy and hydrocephalus, resulting
from negligence on the part of obstetricians and resident obstetricians
prior to his birth. The child suffered from profound lack of oxygen prior
to his birth, prematurely, 28 weeks into the pregnancy. The attending obstetrician
delayed getting to the hospital once notified that his patient was in labor,
believing that the baby would not be born alive. It was also established
that the attending neonatologist was negligent in failing to timely diagnose
and treat the baby's hydrocephalus.
$3 million settlement, on behalf of
a 47 year-old female, who experienced a delay in diagnosing her brain tumor.
Two different primary care physicians, in the same medical group, diagnosed
the patient as having anxiety and depression for three years, despite the
patient's worsening neurological condition. By the time the tumor was finally
diagnosed, the patient was unable to walk or speak. Had the tumor been diagnosed
earlier, there would most likely have been a complete recovery due to the
benign nature of the tumor. As a result of the delay in diagnosis, and the
size of the tumor when finally removed, the patient cannot speak and requires
around-the-clock nursing care.
$1.75 million settlement, on behalf
of a young boy who sustained neurological injuries at birth from an obstetrician's
negligence in treating his mother's premature rupture of membranes in the
35th week of pregnancy. Instead of determining whether the baby's lungs
were sufficiently mature once the membranes ruptured, and then delivering
the baby early, the obstetrician deferred delivery. As a result of the delay,
the mother developed an amniotic infection, which was passed on to the baby.
The child has spastic diplegic cerebral palsy, but normal intelligence.
$1.5 million settlement, on behalf of
the widow of a 45 year-old male who died as a result of a delay in treating
his aortic valve disease. The decedent's primary care physician chose to
monitor the heart valve condition without the consultative input of a cardiologist,
and as a result, the condition worsened to the point where an emergency
repair was required. Had valve replacement surgery been done on an elective
basis, the patient would, in all likelihood, have had a normal life expectancy.
$1.325 million settlement, on behalf
of the surviving spouse and child of a 21 year-old female, who developed
flu-like symptoms and back pain while 8 months pregnant. She was taken to
the hospital after having become unresponsive following an episode of vomiting.
The doctors considered eclampsia and sepsis, but waited several hours before
doing a lumbar puncture, causing a delay in diagnosis of meningitis, which
led to her death.
$1.2 million settlement, on behalf of
the parents and siblings of a 2 ½ year-old child with a congenital facial
nerve paralysis, who died from improper treatment of pneumonia and an overdose
of anti-seizure medications. Prior to her hospitalization, the child was
otherwise healthy, and her parents were investigating the possibility of
surgical treatment of the nerve paralysis. A resident physician gave the
medication overdose during a resuscitation, which was necessitated by a
period of low oxygenation.
$1.2 million settlement on behalf of
a young girl who developed cerebral palsy because the obstetrician did not
perform delivery until two weeks after the expected due date. The child
has normal intellectual ability and is in her regular class at school, but
she can only communicate through the use of a computer.
$1.05 million settlement, death of a
57 year-old male medical technician with known sickle cell disease, who
received a blood transfusion with autologous blood, which subsequently hemolyzed.
$1 million settlement, on behalf of
the surviving spouse of a 69 year-old female, who died as a result of negligence
by her internist, who failed to investigate the cause of a persistent anemia,
accompanied by weight loss and fatigue. When the doctor finally sent the
woman for a lower GI series, the x-rays were misread, resulting in a delay
in diagnosing her colon cancer. By the time the cancer was detected, it
had spread to her lungs and liver. Had the cancer been detected earlier,
the woman would have had more than a 90% chance of a cure, due to the location
of the cancer.
$850,000 settlement on behalf of a
40 year-old father of five, construction worker, who was injured while a
passenger in a van leaving a work site. The accident occurred when the van,
driven by a co-worker, crossed the median, was struck by another vehicle
and flipped over. The passenger, one of two workers injured in the accident,
sustained multiple fractures and suffered a stroke from an arterial rupture.
As a result of the brain injury, he is blind and is severely compromised
in his ability to speak and communicate.
$725,000 settlement, on behalf of a
50 year-old male who experienced a delay in diagnosis and treatment of prostate
cancer through negligence on the part of his primary care physician, and
a consulting urologist. As a result of the delay, the patient's chance for
cure was significantly reduced.
$700,000 settlement, on behalf of the
surviving husband and five adult children of a 69 year-old owner and operator
of a private pre-school, resulting from negligence by her primary care physician
in failing to refer her for cardiological evaluation despite her long-standing
history of hypertension and chest pain.
$600,000 settlement, following the death
of a 59 year-old mother of seven, from a delayed diagnosis of breast cancer.
The woman had two abnormal mammograms that were misread by two radiologists,
resulting in a 14-month delay in diagnosing the cancer. By the time of diagnosis,
the cancer had spread and was incurable.
$400,000 settlement obtained on behalf
of a 63 year-old scientist, for injuries sustained in a motor vehicle accident.
After being cut off by a "phantom" driver on the Eisenhower Expressway in
Chicago, the driver crashed into guardrail and sustained serious leg injuries.
There was no contact between the Plaintiff driver's car and the "phantom"
driver, although the unidentified driver was the cause of the subsequent
collision with the guardrail. The settlement was paid by the Plaintiff's
uninsured motorist policy, which allowed for payment of the claim, even
though there was no impact between the "phantom" and the plaintiff. It was
established, through careful reading and interpretation of the insurance
policy, that if the facts of the accident could be established, even if
through testimony of the Plaintiff, coverage would apply.
© Robert W. Karr & Associates
The Rookery Building
209 South LaSalle Street
Suite 501
Chicago, Illinois 60604
T 312.236.1860
F 312.853.2557
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