2010 September | Lowenthal & Abrams

AR Court Overturns Verdict in Suit Over Sponge Left in Patient

Posted on September 30th, 2010 No Comments

The Arkansas Court of Appeals has overturned a jury verdict in a medical malpractice lawsuit filed against a doctor who left a sponge inside a man after an operation.

According to court documents, Alan Sargent sued Dr. Marc Rogers in Garland County after Rogers operated and found a sponge he left inside Sargent during a gall bladder operation two years before. A trial was held to determine damages, after Circuit Court Judge John S. Patterson partially ruled in favor of Sargent. The jury awarded Sargent $100,000.

The Arkansas Court of Appeals, upon reviewing the suit, found that the jury should answer the question of whether leaving a sponge inside a patient constitutes a “deviance in the standard of care.”

The Appeals Court sent the case back to Garland County, Arkansas for a new trial.

If you have been the victim of Pennsylvania medical malpractice, please contact a Pennsylvania medical malpractice attorney of Lowenthal & Abrams, P.C., by calling 610-667-7511 today.

$300K Verdict in 'Nose Doc' Lawsuit

Posted on September 22nd, 2010 No Comments

A jury in Indiana returned a $300,000 verdict in a medical malpractice lawsuit brought against a doctor.

According to court documents, a jury of six found Merrillville physician Mark Weinberger had mistreated, misdiagnosed, and needlessly operated on 58 year-old William Boyer, of Gary. It was the first civil case against Weinberger to go to trial since he was extradited from Italy last year. Attorney Barry Rooth, who represented Boyer, said his law firm has almost 300 more plaintiff cases lined up against Weinberger. “We have 287 more to go, you can do the math,” Rooth said.

The jury found that the 46 year-old doctor, known as the “nose doc”, persuaded Boyer to have unnecessary surgery by telling him photos of bloody sinuses were his, when in fact they were another patient’s. Weinberger also did not tell Boyer that he detected an irregular heart beat during pre-operative tests.

Weinberger is also facing 22 counts of health care fraud perpetuated against insurance companies.

If you have been injured due to medical malpractice or hospital negligence, please contact a Pennsylvania medical malpractice lawyer of Lowenthal & Abrams, P.C., by calling 610-667-7511 today.

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$1.8M Awarded in Philadelphia Medical Malpractice Lawsuit

Posted on September 15th, 2010 No Comments

A jury has awarded nearly $1.8 million in a Pennsylvania medical malpractice lawsuit Friday.

According to court documents, a Philadelphia jury awarded a verdict of $1.787 million in a medical malpractice lawsuit filed by Barbara Cox against Dr. Jess Lonner. The lawsuit contends that Cox had her hip replaced in October 2003 by Lonner and, after the operation, had a two-inch discrepancy in the length of her legs. Cox had corrective surgery in August 2004 to alleviate the problems stemming from the first operation.

The complaint said that Lonner had been negligent in the placement of a hip replacement component. The jury originally awarded $2.5 million in damages, but the defendants brought a post-trial motion pointing to problems in the underlying complaint.

If you have been the victim of Pennsylvania medical malpractice, please contact a Pennsylvania medical malpractice attorney of Lowenthal & Abrams, P.C., by calling 610-667-7511 today.

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$1.95M Verdict Awarded in VA Medical Malpractice Lawsuit

Posted on September 8th, 2010 No Comments

The family of a woman who died after undergoing plastic surgery was awarded a $1.95 million verdict Thursday in Virginia.

According to the lawsuit, 36 year-old Maritess Lopez received a “breast lift and augmentation, liposuction, and a tummy tuck” on July 30, 2008. The lawsuit alleges that Dr. Matthew Balumbeck allowed Lopez to leave the surgical center an hour after her operation despite the fact that she was having trouble breathing. Lopez soon began to experience “dizziness, fever, and problems moving,” according to the suit.

Lopez’s sister, Carmelita Hale, reportedly called Galumbeck’s office and spoke with a nurse about Lopez’s condition. The surgical center, however, allegedly made no attempt to follow up. Lopez died the following day.

The family was awarded the maximum compensation allowable under Virginia law. Defense attorneys indicated a motion to set aside the verdict would be filed.

If you or someone you love has been injured due to medical malpractice or hospital negligence, please contact a Pennsylvania medical malpractice lawyer of Lowenthal & Abrams, P.C., by calling 610-667-7511 today.

Couple Awarded $1.5 in Medical Malpractice, Wrongful Death Lawsuit

Posted on September 2nd, 2010 No Comments

A jury in Illinois has awarded a couple $1.5 million in a medical malpractice lawsuit.

According to court documents, a judge found in favor of Christina and Allen Tillerson for the wrongful death of their triplets in June 2001. The lawsuit claimed Dr. Thomas Hastetter negligently managed Christina’s pregnancy, resulting in the premature birth and subsequent death of the three children.

Attorney Richard Schultheis, representation for the Tillersons, argued that Hastetter was negligent by not acting on evidence from an ultrasound that indicated a problem with the pregnancy. Experts testified that, had Hastetter examined the ultrasound, it would have been possible to take corrective actions that would have delayed the births longer, allowing the children to develop more. The babies were less than 21 weeks old when they were born.

If you have been the victim of medical malpractice at the hands of a negligent doctor or hospital, please contact a Pennsylvania medical malpractice attorney of Lowenthal & Abrams, P.C., by calling 610-667-7511 today.