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Appeals Court OKs HIV Misdiagnosis Medical Malpractice Lawsuit

Posted on Wednesday, July 20th, 2011 at 5:18 pm    

A Washington, D.C. appeals court ruled that a medical malpractice misdiagnosis lawsuit filed by a man who alleges he suffered emotional damage after he was incorrectly led to believe he had HIV.

According to court documents, 42 year-old Terry Hedgepeth believed he was HIV positive for five years because of an incorrect diagnosis made in 2000 at the Whitman-Walker Clinic. Hedgepeth has been attempting to sue the clinic for causing emotional injury, but his original medical malpractice lawsuit was dismissed because there was no physical injury. That ruling was overturned by the D.C. Appeals Court, which changed the laws in the District and ruled that emotional injury could be grounds for such a lawsuit.

According to the medical malpractice lawsuit, Hedgepeth originally went to get tested because he discovered that a former girlfriend was HIV-positive. When his tests came back positive, he alleges that he had a mental breakdown and spent time in a psychiatric ward. Hedgepeth claims he lost his homes, cut ties to his family, and moved into a facility for homeless patients.

Hedgepeth thought he had HIV until 2005, when a friend suggested alternative healing therapy. When a new test was conducted, it indicated that he did not have HIV. A third test confirmed he was HIV-negative.

The lawsuit is seeking $20 million in damages as the result of severe emotional distress, anxiety, loss of contact with family, commitment to psychiatric facilities, persistent depression, suicide ideation, damage to reputation, and the loss of years of normal life.

If you need assistance with a medical malpractice lawsuit stemming from a misdiagnosis, please contact a Pennsylvania wrong diagnosis lawyer of Lowenthal & Abrams, P.C., by calling 610-667-7511.

$30M Medical Malpractice Lawsuit Filed Against Miami VA

Posted on Tuesday, July 12th, 2011 at 8:33 pm    

A Florida man has filed a $30 million medical malpractice lawsuit against the Miami Veterans’ Administration.

According to court documents, more than 11,000 U.S. veterans received colonoscopies with improperly cleaned equipment at VA hospitals in Miami, Murfreesboro, Tenn., and Augsusta, Ga., between 2004 and 2009. In what could be the first of many similar trials, 69 year-old U.S. Air Force veteran Robert Metzler’s medical malpractice lawsuit heads to Miami Federal Court on Monday.

According to the lawsuit, Metzler received a colonoscopy at the Miami VA hospital in 2007 and two years later was told he has hepatitis C. Of the 11,000 veterans to receive colonoscopies with the tainted equipment, five have tested positive for HIV, 25 for hepatitis C, and eight for hepatitis B.

Metzler’s medical malpractice lawsuit is seeking $20 million for him and $10 million for his wife, Lucy Ann, for loss of consortium.

Miami Assistant U.S. Attorney Lawrence Rosen, who is defending the Veterans’ Administration, acknowledged the VA “breached” a “duty of reasonable care” by using improperly cleaned equipment, but deny the equipment caused the health problems.

If you need assistance with a similar medical malpractice lawsuit, please contact the Pennsylvania Hospital Negligence Lawyers of Lowenthal & Abrams, P.C., by calling 610-667-7511.

$2.25M Verdict in California Anesthesia Error Lawsuit

Posted on Tuesday, July 5th, 2011 at 7:36 pm    

A jury in California has returned a $2.25 million verdict in a medical malpractice lawsuit filed against an anesthesiologist.

According to Los Angeles Superior Court documents, the lawsuit was filed by a California man who suffered an anoxic brain injury during a botched surgery at Mazzocco Ambulatory Surgical Center. The lawsuit claims both the anesthesiologist and medical cener were negligent by failing to meet medical standards of care.

The plaintiff went to the medical center to have the lens on his eye replaced with an artificial one. According to the lawsuit, the anesthesiologist had a history of walking out of the operating room while patients were under the effects of anesthesia. The complaint alleges the plaintiff had a reaction to the anesthesia, went into a deeper level of sedation than intended, and stopped breathing, during which time the anesthesiologist either left the room or left the plaintiff unattended.

The lack of oxygen caused the plaintiff to suffer an anoxic brain injury known as cerebral hypoxia or hypoxic-anoxic injury.

The anesthesiologist settled with the plaintiff before the trial, according to court documents. The jury found Mazzocco Ambulatory Surgical Center to be negligent, awarding the plaintiff $2.25 million in damages.

If you need assistance with a similar medical malpractice lawsuit, please contact a Pennsylvania Anesthesia Error Lawyer of Lowenthal & Abrams, P.C., by calling 610-667-7511.

$6.7 Million Verdict in Improper Treatment, Medical Malpractice Lawsuit

Posted on Wednesday, June 22nd, 2011 at 5:01 pm    

A jury in Main on Monday awarded a widow more than $6.7 million in a medical malpractice lawsuit filed against Eastern Maine Medical Center.

According to Penobscot County court documents, the medical malpractice lawsuit was filed by 49 year-old Paula Braley over the death of her husband, Thomas Braley Sr, who died on May 8 2005 at Eastern Maine Medical Center after an ATV accident. The jury found that Eastern Maine Medical Center, its doctors, nurses, and Dr. Lawrence Nelson were negligent in Braley’s death.

Accoridng to the lawsuit, a CT scan showed signs of internal bleeding, but doctors caring for Braley Sr. failed to follow up on those indications and did not order a follow-up X-ray. Over his 36 hour stay at Eastern Maine Medical Center, the extent of Braley’s internal bleeding caused one of his lungs to collapse. The lack of oxygen precipitated a massive heart attack, from which he died, the lawsuit states.

The jury awarded Braley’s widow $11,000 for funeral and burial expenses; $1 million for Braley Sr.’s conscious suffering before his death; $1.2 million in loss of economic support, and $4.5 million for loss of companionship and emotional distress.

If you have lost a loved one due improper treatment or hospital negligence, please contact the Pennsylvania improper treatment attorneys of Lowenthal & Abrams, P.C., by calling 610-667-7511.

$7 Million Verdict in Surgical Malpractice Lawsuit

Posted on Monday, June 6th, 2011 at 3:46 pm    

A North Carolina Jury has returned a $7 million verdict in a medical malpractice lawsuit filed by the family of a woman who died of complications from a hysterectomy.

According to court documents, the lawsuit was filed by the estate of Victoria Lynn Brown Harmon. Harmon died on September 24, 2007 after undergoing hysterectomy surgery at Lake Norman Regional Medical Center. The lawsuit named Dr. David Gish and Dr. Susan Lovejoy Roque as defendants.

The lawsuit claims the 54 year-old Harmon was sent home after hysterectomy surgery despite complaining of pain. Harmon returned to the hospital later that day due to increasing discomfort, but doctors took more than three days to determine that she had a perforated bowel, according to the lawsuit.

The lawsuit says Harmon suffered sepsis, brain damage, kidney damage, multiple organ failure, and pneumonia. Her family claims these injuries and her death could have been avoided.

A jury last week determined that Roque had been negligent and awarded Harmon’s estate $7 million.

If you need assistance with a medical malpractice lawsuit stemming from post-surgical complications, please contact the Pennsylvania Surgical Error Lawyers of Lowenthal & Abrams, P.C., at 610-667-7511.

$58M Verdict in CT Birth Injury Lawsuit

Posted on Wednesday, June 1st, 2011 at 3:49 pm    

A family in Connecticut was awarded a $58 million verdict in a medical malpractice lawsuit on Wednesday.

According to court documents, a jury awarded 8 year-old Daniel D’Attilo and his parents $58 million in a birth injury lawsuit filed against the obstetrician who delivered him. The lawsuit claimed that Dr. Richard Viscarello failed to deliver Daniel early, despite complications. The lawsuit alleges that Daniel’s C-Section delivery was done improperly and deprived the newborn of oxygen.

The $58 million settlement includes $8 million for Daniel’s past and future medical bills, and $50 million for pain and suffering.

“The dollar amount means he will be taken care of, that’s what this means to us,” Cathy D’Attilo said.

Lawyers for Vicarello have vowed to appeal the verdict. They argue that Cathy received proper treatment and that Daniel’s disabilities are due to an infection that went undetected before birth.

The settlement is the largest in Connecticut state history.

If you need assistance with a Medical Malpractice lawsuit, please contact the Pennsylvania Birth Injury Lawyers of Lowenthal & Abrams, P.C., at 610-667-7511.

Number of Pennsylvania Medical Malpractice Lawsuits Continues to Decline

Posted on Monday, May 23rd, 2011 at 4:27 pm    

The number of medical malpractice cases filed in Pennsylvania dropped in 2010.

According to a report released last week by the Administrative Office of Pennsylvania Courts, 1,491 medical malpractice suits were filed against doctors and hospitals in the state last year. The number of Pennsylvania medical malpractice lawsuits has declined every year since its peak in 2002, when 2,904 malpractice claims were filed.

Experts credit new medical malpractice regulations with the decline. One such rule requires plaintiffs to get another doctor in the same field to sign off on the claims, showing a lawsuit has merit. Another regulation requires claims to be filed in the county where the alleged malpractice took place, preventing lawyers from filing claims in counties where they believe juries will be more sympathetic.

If you need assistance with a medical malpractice lawsuit, please contact the Pennsylvania Medical Malpractice Lawyers of Lowenthal & Abrams, P.C., at 610-667-7511.

$10.5M Verdict in CT Hospital Negligence Lawsuit

Posted on Tuesday, May 17th, 2011 at 7:19 pm    

A Connecticut woman was awarded $10.5 million Thursday in a medical malpractice lawsuit.

According to court documents, 44 year-old Karla Rosa brought the medical malpractice lawsuit against Anesthesia Associates of New London over treatment she received at Lawrence & Memorial Hospital in 2006. The lawsuit claimed Rosa suffered “serious, severe, painful, and permanent injuries,” as a result of the “carelessness and negligence” of Anesthesia Associates.

According to the lawsuit, Rosa spent 26 days in a coma after her visit to Lawrence & Memorial. She sustained nerve damage and memory loss. She had to use a feeding tube and venous catheter for 45 days.

Sean McElligott, Rosa’s attorney, said he was glad to “finally be able to bring some peace to the family.” Rosa filed the lawsuit in 2008.

If you need assistance with a similar medical malpractice lawsuit, please contact the Pennsylvania Hospital Negligence Attorneys of Lowenthal & Abrams, P.C., by calling 610-667-7511.

$7 Million Settlement in Medical Malpractice, Birth Injury Lawsuit

Posted on Wednesday, May 11th, 2011 at 4:49 pm    

A judge in Massachusetts has approved a $7 million settlement in a medical malpractice birth injury lawsuit.

According to court documents, the lawsuit was filed in 2008 by a Shrewsbury family who accused hospital staff of negligence in the birth of their daughter. The lawsuit was filed against two doctors, a nurse practitioner, and a genetic counselor.

The lawsuit contends that Ran Zhuang and her husband, Zhiru Guo, were not provided with proper prenatal genetic counseling before giving birth to their daughter on November 11, 2007 at University of Massachusetts Memorial Medical Center. Their daughter was born with a rare genetic disorder known as cri-du-chat syndrome.

The Zhuang’s attorney said the child’s chromosomal abnormality could have been detected early enough to allow Zhuang to make an informed decision whether to terminate her pregnancy.
The defendants denied any negligence.

If you need assistance with a similar medical malpractice lawsuit, please contact the Pennsylvania Birth Injury Lawyers of Lowenthal & Abrams, P.C., by calling 610-667-7511.

$13.9M Verdict in Ohio Birth Injury Medical Malpractice Lawsuit

Posted on Tuesday, May 3rd, 2011 at 5:00 pm    

An Ohio jury has returned a $13.9 million verdict in a birth injury lawsuit.

According to court documents, the jury found a doctor liable for medical negligence that resulted in a girl, now 10 years-old, developing cerebral palsy. The jury returned the verdict after less than two days of deliberations.

According to the lawsuit, a non-stress test during the mother’s pregnancy showed the baby’s heart rate to be low. The doctor suggested inducing labor, opting for an emergency Cesarean section. After inducing labor, however, the doctor decided not to perform the Cesarean section. The plaintiffs argued that this decision deprived the child of oxygen, resulting in cerebral palsy. The lawsuit alleged that a Cesarean section would have prevented the birth injury.

If you need assistance with a birth injury lawsuit, please contact the Pennsylvania medical malpractice lawyers of Lowenthal & Abrams, P.C., by calling 610-667-7511.