$55 Million Dollars
Wade vs Henry Ford Hospital
Michigan's largest medical malpractice verdict. Verdict obtained on
behalf of brain damaged baby who had presented to emergency department
of Bon Secor Hospital with complaints of difficulty in breathing.
Mother reported child seemed to be "gasping for air". Following cursory
physical examination, child discharged home with instructions for use
of inhaler. The following morning the child arrested while en route to
the hospital for additional respiratory difficulties. McKeen &
Associates effectively argued despite normal vital signs, history of
child gasping for air and numerous visits to emergency department over
previous week merited admission to the hospital for observation.
$35 Million Dollars
Oppenheim vs Project Straight, et al
33 year old husband and father of three, successful business
executive presented to outpatient detox center to help with recovering
from addiction to prescription pain medications. Rogers negligently
failed to preoperatively ascertain whether patient had colonesteres
deficiency that would make it more difficult for him to recover from
anesthetic than normal patients. Patient left unattended for lengthy
periods of time in recovery, suffered hypoxic ischemic brain damage.
After lingering for several days, the patient expired. Believed to be
largest verdict ever in Oakland County for medical malpractice.
$22 Million Dollars
Blazo vs McClaren Regional Medical Center
Largest jury verdict in medical malpractice case in history of
Genesee County. Mother, pregnant with twins at 30 weeks presented to
McClaren Regional Medical Center for outpatient carpal tunnel surgery.
While in recovery, mother reported contractions. Following brief period
of monitoring, nurse spoke with attending obstetrician and decision was
made to discharge mother. The next morning, mother awoke with advanced
premature labor, totally in breach presentation mandating immediate
cesarean section delivery. The twins suffered consequences of
prematurity with soft neuro cognitive impairment. The male twin later
victimized by sodium overdose resulting in stroke and mild cerebral
palsy.
$22 Million Dollars
LUGO
Verdict on behalf of Milwaukee family whose daughter was brain
damaged from birthing complications at a community health center funded
by the federal government. Claim was brought under the federal tort
claims act. McKeen & Associates successfully established that the
child was stuck in the birth canal for more than 20 minutes, sustaining
severe brain injury due to a lack of adequate oxygen.
$19.8 Million Dollar Jury Verdict
Heister vs Surulli
Jury verdict predicated upon attending obstetricians negligence in
failure to provide appropriate ante natal care. During prenatal visits,
it should have become obvious that a dangerous condition known as
oleoglohydramnious or decreased amniotic fluid existed.
Oleoglohydramnious is both an identifier and risk factor for fetal
compromise. As a consequence of delay in delivery, the minor Plaintiff
suffered me Conium aspiration syndrome and significant cognitive
impairment. Defendants argued that cognitive impairment unaccompanied
by cerebral palsy cannot be due to ante natal or peri natal events.
Plaintiff successfully argued that hypoxia and ischemic injury can
cause brain damage that manifests in a variety of ways including
cognitive impairment with or without cerebral palsy.
$15.8 Million Dollars Jury Verdict
Lowe vs Henry Ford Health Systems
Mother presented to Riverside Hospital for induction of labor at
term. Following administration of Pitocin, fetal monitoring revealed
severe episodes of umbilical cord compression and fetal heart rate
deceleration. Following repositioning, cord compression was alleviated
and fetal heart rate returned to normal baseline. Outpatient
obstetrical resident negligently approved patient request to go to
bathroom necessitating position change and discontinuation of fetal
monitoring. During eleven minute period when fetal monitor was off,
cord compression occurred, resulting in severe hypoxic ischemic injury.
Following emergency cesarean section delivery, infant was delivered in
a profoundly depressed and asphyxiated condition resulting in severe
cerebral palsy and mental retardation. The Hospital argued that at the
time the decision was made to allow patient to go to the bathroom, the
fetal heart tones were normal and baby was well oxygenated. Plaintiff
countered arguing that discontinuing the monitor in the face of
previous decelerations created an unreasonable risk that additional
episodes of umbilical cord compressions would go unnoticed squandering
opportunity to alleviate umbilical cord compression with position
change or immediate cesarean section delivery before brain damage could
ensue.
$11 Million Dollars
Anonymous v Anonymous
Settlement of birth trauma claim arising out of defendant's
negligent management of labor and delivery, resulting in lack of
adequate oxygen, cerebral palsy, and mental retardation. Plaintiff, a
21 year old college student presented to a level III perinatal center
at 37 weeks gestation complaining of pain across her stomach, headache
and visual disturbance. An evaluation revealed that she was suffering
from preeclampsia and her baby experienced intrauterine fetal death.
The defendants negligently failed to diagnose a placental abruption and
failed to recognize the existence of a bleeding condition known as DIC.
Accordingly, defendants negligently failed to expedite delivery and
replace lost blood volume and blood products to correct patient's
coagulopathy. Following delivery, patient experienced massive post
partem hemorrhage resulting in arrest. Plaintiff went for approximately
12-15 minutes without adequate oxygen to her brain resulting in hypoxic
ischemic encephalopathy or brain damage which manifests itself in
severe quadraparesis, cortical blindness and cognitive deficits with
executive functioning difficulties. The defendant doctor had only
$200,000 of insurance. McKeen & Associates successfully argued that
the hospital's nursing staff knew or should have known of the potential
for a placental abruption and DIC, known or should have known of the
potential for a coagulopathy and need for blood replacement products
and should have pursued a "chain of command" to go over the doctor's
head and insure that the patient received adequate care and treatment.
$5.1 Million Dollars
Settlement on behalf of 1 month old infant who was run over by
father in driveway. Child was airlifted to care center where he was
noted to be neurologically intact. Several hours after admission, child
began demonstrating evidence of weakness in hand grasp. Magnetic
Resonance Angiography (MRA) was ordered STAT. Defendant hospital
however negligently failed to obtain the study in a STAT fashion, and
eventually the child suffered a stroke from delayed recognition of an
internal carotid artery dissection. McKeen & Associates
successfully argued that the delay in diagnosis resulted in a
squandered opportunity to either anticoagulate the child to prevent
stroke and/or utilize endovascular techniques to stint the injured
artery. The child suffers from severe seizure disorder and hemiparesis.
$5 Million Dollars settlement in birth injury claim.
Mother had multiple previous cesarean sections and was scheduled to
have a repeat cesarean section scheduled for 37 weeks. Mother presented
to the hospital at 35 weeks complaining of abdominal pain. Mother
requested cesarean section but was informed by hospital staff that she
could not have cesarean section simply for abdominal pain. Defendants
negligently failed to recognize that uterine rupture was occurring and
eventually uterine rupture transpired resulting in profound hypoxic
ischemic brain damage to baby with cerebral palsy and mental
retardation. Defendant hospital argued that it would have been below
the standard of care to have done a cesarean section for a premature
infant. Plaintiff successfully demonstrated however that the child had
mature lungs and that if there was any concern for lung immaturity, (a
consideration which was insignificant, the risk of profound brain
damage from uterine rupture), a simple test would have revealed lung
maturity which defendants expert then agreed would have necessitated
immediate cesarean delivery.
$4.0 Million Dollars
Settlement on behalf of patient who experienced brain stem injury
secondary to increased inter-cranial pressure from benign coloid cyst
of the third ventricle. Patient presented to his primary care
physicians complaining of headache. The physicians negligently failed
to obtain a CT scan which would have allowed for identification of
benign brain tumor and safe steriotactic aspiration. The cyst caused an
obstruction of cerebral spinal fluid and increased intercranial
pressure. The patient presented to the hospital with a severe headache
and loss of neurologic deficits. The hospital personnel negligently
failed to take prompt steps to decrease the increased intercranial
pressure. The patient suffered severe brain stem injury.
$2,375,000.00 Million Dollars
Settlement on behalf of former premie twin who developed
hypertension and newborn_____as a consequence of clothing secondary to
an indwelling catheter. Rather than simply use conventional
anticoagulation therapy, Defendants chose to proceed with dangerous and
unapproved thrombolytic therapy designed to break up the clot, which
unfortunately resulted in severe intercranial bleeding and cerebral
palsy. McKeen & Associates was able to successfully overcome the
defendants argument that the thrombolytic therapy was necessary by
demonstrating that studies showed there was still a good flow around
the clot and that utilization of anticoagulation therapy would prevent
enlargement of the clot.
$2.5 Million Dollar Jury Verdict
O'Donnell v Henry Ford Health Systems
49 year old attorney presented to defendant's ophthalmology clinic
for performance of lasik surgery. Lasik surgery negligently done when
ophthalmologist failed to cut an adequate flap, consequently leading to
laser obligation of flap hinge, resulting in irregular stigmatism.
Irregular stigmatism required that patient wear hard contact lenses
which patient found very uncomfortable to use and which did not
eliminate halo glare, other higher order apparition.
$2.5 Million Dollars
Settlement paid on behalf of 39 year old male (Cobus) who developed
severe aphasia or inability to verbally communicate following
endovascular coiling of arterial venus malformation. McKeen &
Associates successfully demonstrated how the defendant, Interventional
Neuroradiologists, negligently injected glue to occlude only the
arterial venus malformation, but also the artery of purcheron, an
important arterial structure that was not encompassed within the
aneurysm which resulted in the severe aphasia. Defendants argued that
the complications were an expected risk of a procedure. McKeen &
Associates, however, demonstrated that the complication was a result of
inappropriate technique and the defendants negligent failure to use
appropriate testing to ascertain whether the vessel was a vital
structure prior to embolizing it.
$1.8 Million Dollar
Medical Malpractice Verdict
Miller v Cabrera
Patient presented to emergency department complaining of abdominal
pain and appearing jaundiced. Patient underwent surgery to remove an
impacted gall stone. Defendant surgeon reportedly felt the pancreas
felt "woody" and proceeded with dangerous non-indicated pancreatic
biopsy. Pancreatic biopsy led to severe multiple complications
eventually culminating in the wrongful death of a 39 year old housewife.
$1.8 Million Dollar
Jury Verdict
Ames vs Strauther, et al
Aaron Forrest Ames, representing the estate of his late wife Lucy
Ames, received a jury verdict of $1.8 million in the wrongful death
lawsuit against Dr. Gregory R. Strauther and Gratiot Health System. In
March of 2002, 41-year old Lucy Ames was admitted to the hospital for
severe abdominal pain. She was diagnosed with chronic gall bladder
disease. Two days later, she underwent a rather common procedure known
as laparoscopic gall bladder removal. This is normally a simple
procedure where patients can leave the hospital in a day or two. In
this case, Lucy Ames suffered for four months while accumulating over
$500,000 in medical expenses. On July 30th, 2002, Lucy Ames died at the
University of Michigan Hospital in Ann Arbor suffering from sepsis and
a perforated cecum (a pouch at the start of the large intestine.) The
Gratiot County jury agreed with the medical negligence complaint that
Dr. Strauther was negligent by clipping the right hepatic duct which
led to Mrs. Ames’ death. Lucy Ames is survived by her husband, Aaron,
and her daughter, Julia Pleggameier.
$1.7 Million Dollar
Jury Verdict
Heimlicher vs Steele, et al
SIOUX CITY, Iowa -- On March 11, 2009, an
eight-person jury at the United States Federal District Courthouse in
Sioux City, Iowa unanimously found a local hospital responsible for the
untimely death of an innocent unborn child. Plaintiff and mother of
five, Laura Heimlicher, tragically experienced the premature passing of
her unborn child Cole Heimlicher, as a result of a local hospital’s
failure to perform an immediate cesarean section delivery, which would
have spared the life of the baby. The Defendant hospital had all of the
resources and personnel necessary to deliver the child in time. In
violation of the Federal Emergency Medical Treatment and Active Labor
Act (EMTALA), the Defendant transferred the mother to a hospital 102
miles away, in another state, in snowy icy weather, while the condition
of the mother and baby were rapidly deteriorating.
Settlement of birth trauma claim versus suburban hospital.
During the course of admission, it was noted by high risk consultant
that abnormally low umbilical cord created risk of cord compression.
Following two days of periodic abnormal fetal heart accelerations, a
cesarean section was belatedly performed resulting in a severely
asphyxiate baby who developed cerebral palsy and mental retardation.