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Above Knee Amputation (AKA) Research · $ comparatively negligent.7,350,000.00 Plaintiff MVA...

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Total Award $ Outcome Case Type Subcategory Facts 1,830,000.00 $ Plaintiff Hospital Mal Negligent Supervision Plaintiff suffered severity deformity of R knee/leg due to severe bone fractures resulting in multiple unsuccessful medical procedures and eventually requiring an AKA when she presented to defendant hospital for epidural treatment for lower back pain. Plaintiff contended that defendant failed to provide standard of care when it failed to assess lower extremity sensation in plaintiff's leg causing a fall while she attempted to leave the bed post-epidural treatment and while under supervision. Defendant denied liability, all allegations, and demanded strict proof thereof. 7,350,000.00 $ Plaintiff MVA Front-End Plaintiff was end route to work during the early morning hours when the defendant's tractor trailer, owned by the defendant company and driven by the defendant driver, crossed the center line of travel and struck the front of the plaintiff's vehicle. Plaintiff claimed defendant driver negligently failed to control his fully-loaded tractor trailed and entered the opposing lane of travel resulting in injuries including ~10 surgeries and an AKA. The defense argued that the defendant driver was confused when he entered heavy fog and smoke from a nearby controlled burn for which no warnings were posted, that there were "white out" conditions (witness reported), that the driver slowed but couldn't stop in the roadway, that the driver was unable to pull off the road because the shoulder was too narrow, and that the plaintiff was excessively speeding making him comparatively negligent. Above Knee Amputation (AKA) Research
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Total Award $ Outcome Case Type Subcategory Facts

1,830,000.00$ Plaintiff Hospital Mal Negligent Supervision

Plaintiff suffered severity deformity of R knee/leg due to severe

bone fractures resulting in multiple unsuccessful medical procedures

and eventually requiring an AKA when she presented to defendant

hospital for epidural treatment for lower back pain. Plaintiff

contended that defendant failed to provide standard of care when it

failed to assess lower extremity sensation in plaintiff's leg causing a

fall while she attempted to leave the bed post-epidural treatment

and while under supervision. Defendant denied liability, all

allegations, and demanded strict proof thereof.

7,350,000.00$ Plaintiff MVA Front-End

Plaintiff was end route to work during the early morning hours when

the defendant's tractor trailer, owned by the defendant company

and driven by the defendant driver, crossed the center line of travel

and struck the front of the plaintiff's vehicle. Plaintiff claimed

defendant driver negligently failed to control his fully-loaded tractor

trailed and entered the opposing lane of travel resulting in injuries

including ~10 surgeries and an AKA. The defense argued that the

defendant driver was confused when he entered heavy fog and

smoke from a nearby controlled burn for which no warnings were

posted, that there were "white out" conditions (witness reported),

that the driver slowed but couldn't stop in the roadway, that the

driver was unable to pull off the road because the shoulder was too

narrow, and that the plaintiff was excessively speeding making him

comparatively negligent.

Above Knee Amputation (AKA) Research

-$ Defense Med Mal

Physician's Assistant

Negligence

Plaintiff suffered multiple orthopedic injuries including bilateral AKA

after she suffered a seizure causing her to lose control of her vehicle

and strike a tree. Plaintiff alleged that the defendant physician's

assistant (PA) was responsible for the accident because he failed to

restrict the plaintiff from driving after she consulted him concerning

a seizure disorder. The plaintiff alleged that the defendant

physician's assistant negligently provided her w/ care and treatment

for an alleged seizure disorder which included 3 seizures within 10

days of the subsequent accident and that "but for" the actions or

inactions of the defendant PA, the plaintiff wouldn't have been

driving on the day of the accident and she wouldn't have sustained

injuries. The defendant PA testified that he only knew that the

plaintiff had 1 seizure, not 3 and that the defendant did not breach

the standard of care to the plaintiff as the defendant had reported

the relevant information, including seizure history, to the

defendant's supervising physician, a neurologist (settled claims prior

to trial). The defendant further claimed that the neurologist was

legally responsible for the acts/omissions of his PA and that the PA

had no independent duty to the plaintiff. The defendant's expert

claimed that the plaintiff had a typical panicked response to an off-

road "excursion" and over-corrected as to lost control of the vehicle

and hit the tree, not a seizure.

2,600,000.00$ Plaintiff MVA Pedestrian

Plaintiff suffered AKA of L leg and compound fracture of lower R leg

when he was pinned against his vehicle after nonparty driver struck

a pothole on defendant developer's property causing him to lost

control and hit plaintiff.

3,500,000.00$ Settlement Employer Negligence Shipping Employee

Plaintiff suffered AKA when he became caught in screw shaft leading

to an incinerator on a ship during the course and scope of his

employment w/ defendant shipping company. Plaintiff contended

defendant failed to provide a safe work environment, failed to

provide adequate safety equipment to prevent employees from

being pulled into the machine and failed to warn of a known

dangerous condition. Defendant denied liability, contended that

plaintiff negligently removed the safety cover from the device and

continued to operate the machine.

-$ Defense Doctor/Hospital Mal Negligent Surgery

Plaintiff suffered vascular and nerve damage to L leg resulting in AKA

when she presented to defendants w/ L foot symptoms. Defendants

performed 3 angiograms and an angioplasty. Plaintiff contended

that defendants failed to fully inform her of the risks associated w/

the procedures, failed to perform a bypass surgery instead of the

others, that their negligence resulted in AKA, and that they failed to

provide the proper standard of care. Defendants denied liability,

contended that they didn't deviate from the proper standard of

care, that the plaintiff's injury was caused by her own comparative

negligence and that of an inexorable process of human disease.

150,000.00$ Settlement MVA Intersection

Plaintiff suffered injuries including R leg AKA when the vehicle in

which he was a passenger was struck broadside by a tractor-trailer,

operated by defendant and owned by co-defendant, at a controlled

intersection. Plaintiff contended that defendant failed to keep a

proper lookout, failed to maintain control of the truck and failed to

yield the RoW. Defendants denied liability, contended that plaintiff

had severe preexisting diabetes that resulted in partial foot

amputation.

-$ Defense Med Mal Negligent Surgery

Plaintiff claimed defendant vascular surgeon negligently performed

femoral-popliteal bypass graft surgery and failed to stop

anticoagulation medication, resulting in excessive bleeding and

eventual AKA. Plaintiff also claimed that she did not give informed

consent for the bypass surgery. Defendant argued that the plaintiff

was adequately informed of the risks of surgery and signed a written

consent form prior to surgery and that the amputation was caused

by thrombosis and severe small blood vessel disease which was

beyond the control of the defendant.

910,000.00$ Settlement MVA Pedestrian

Plaintiff suffered AKA when he was struck by a police cruiser owned

by defendant City of Plant City. The plaintiff contended that the

defendant's agent was negligent for failing to yield RoW. The

defendant contended that the agent had taken evasive action and

that the driver of a nonparty vehicle was negligent.

1,500,000.00$ Plaintiff MVA Pedestrian

Plaintiff suffered R leg AKA when she was struck by the defendant's

vehicle on the roadway. The plaintiff contended that the defendant

had been drinking. The defendant contended that a phantom vehicle

caused him to swerve.

-$ Defense Med Mal Negligent Surgery

Plaintiff claimed that defendant orthopedic surgeon was negligent in

performing a contraindicated leg-straightening surgery after

fracturing her remaining limb. The plaintiff was a diabetic who

experienced vessel occlusion and eventual AKA after the surgery.

The defendant contended that the plaintiff was warned of the risks

of the procedure and was fully informed that the surgery may not be

successful, but plaintiff chose to proceed.

-$ Defense Products Liability Accelerator

Plaintiff suffered R leg AKA when he was struck by a car. Plaintiff

contended that the car, manufactured by the defendant, was prone

to spontaneous acceleration.

-$ Defense Med Mal Compartment Syndrome

Plaintiff underwent leg reconstruction by defendant plastic surgeon

and subsequently required an AKA after he developed a

compartment syndrome as a result of the post-surgical dressings

being wrapped too tightly after the surgery. The defendant denied

the plaintiff suffered compartment syndrome and contended that he

developed a post-op infection which wasn't the result of negligence.

-$ Defense Railway Pedestrian

Plaintiff suffered AKA and BKA after he was placed on tracks of

defendant railway by unknown assailants while he was unconscious.

The defendant's train struck the plaintiff, resulting in the

amputations. The plaintiff contended that the train's engineer was

legally blind in one eye and shouldn't have been operating a train

and that the plaintiff should have been visible to the train crew

which should have been able to stop the train before the plaintiff

was struck. Defendant's expert testified that the visibility prevented

the crew from stopping the train and the crew admitted to seeing

plaintiff on the tracks.

-$ Defense Federal Gov't

Gov't Run Health/Social

Services

Plaintiff suffered vascular damage resulting in R leg AKA while in the

care of a gov't run health and social services facility where he

presented for recommended bypass surgery, The plaintiff contended

that defendant inserted an aortic balloon pump prior to surgery,

that the pump malfunctioned, that it failed to properly monitor the

pump, negligently allowed the loss of blood to R leg and that this

negligence caused the need for AKA. Plaintiff also claimed it failed to

provide standard of care. Defendant denied liability, disputed the

cause of all plaintiff's injuries and contended that he failed to state a

claim upon which relief can be granted.

-$ Defense Doctor Mal Diagnosis

Plaintiff suffered R leg AKA after treatment by defendants when they

failed to timely diagnose and properly treat his condition as

peripheral vascular disease and failed to provide the proper

standard of care. Defendants denied liability, contended that

plaintiff's injury is unrelated to their treatment.

20,000,000.00$ Plaintiff

Nursing Home

Negligence Treatment

Plaintiff underwent R leg AKA leaving a stump too small for the use

of a prosthesis when the staff at the defendant companies' nursing

home failed to obtain timely treatment of a wound in the plaintiff's

R big toe. Plaintiff contended that defendants failed to provide

proper and timely care. Defendants denied liability, contended that

plaintiff's injury and impairment were the result of the negligence of

nonparty doctors who were not under defendants' control.

13,865,684.00$ Plaintiff Premises Liability Accident on Ship

Plaintiff suffered L AKA resulting in permanent disability when his leg

became wedged between 2 tanks on a barge owned by defendant

company at a shipyard. The plaintiff cannot obtain a prosthetic leg

because there is not enough stump remaining.

6,560,000.00$ Plaintiff

Violation of Resident's

Rights Under Florida

Nursing Home Statute

and Negligence

Failure to Prevent and Treat

Pressure Sores

$10,000,000 recovery for punitive damages. Plaintiff (estate of

nursing home resident) claimed that the defendants, who owned,

operated and managed the nursing home, violated the decedent

residents' rights under the Florida Nursing Home Statute and were

negligent by failing to provide adequate care and medical treatment.

The plaintiff claimed that the decedent suffered pressure sores

which the defendants failed to adequately prevent or treat and that

the defendants allowed infections to develop and failed to properly

treat the infections leading to an AKA. The defendant denied the

claims made by the plaintiff and contended that the decedent's care

and medical treatment met the required standard of care in all

aspects. Additionally, the defendant argued that the decedent

suffered from peripheral vascular disease which compromised her

blood flow.

2,353,987.00$

CN: Plaintiff

15%;

Defendant 85% MVA Intersection

Award reduced to $2,000,888 for CN. Plaintiff suffered L leg AKA

when the motorcycle he was riding was struck by the defendant

leasing company's tractor-trailer while waiting for traffic to clear

before entering an intersection. The defendant was suffering from

cataracts, astigmatism, and mixed refractive error and was not

wearing eyeglasses. The plaintiff contended that headlights from

oncoming traffic caused the defendant to swerve the tractor-trailed

to the R, striking his motorcycle w/ the corner of the R, front

bumper. The defendant claimed that the plaintiff entered the

intersection and struck the R rear tandem wheels of the trailer and

that he saw the plaintiff and attempted to turn L to avoid hitting

him.

1,550,000.00$ Settlement Negligent Entrustment Company Vehicle

Plaintiff suffered L leg AKA and electrical burns when a van owned

and operated by a migrant worker of the defendant farm went out

of control and collided w/ plaintiff's vehicle causing the plaintiff's

vehicle to strike an electrical pole and come into contact w/ power

lines. The plaintiff contended that the defendants were liable for its

employee's negligence. Defendant maintained that the van driver

was an independent supplier and that defendant wasn't liable.

8,539,298.00$ Plaintiff Med Mal

Failure to Timely Diagnose

and Treat Vascular Disease

Plaintiffs alleged that the defendants, which included a "concierge"

medical service, a primary care physician, an orthopedic surgeon, a

physician assistant, and his practice group, rendered inadequate

medical care and failed to timely diagnose and treat severe vascular

disease, resulting in AKA. The plaintiffs also alleged that the

defendant service engaged in false advertising in that it required an

annual retainer fee and promised exclusive, personalized, and

exceptional care provided by exceptional doctors and guaranteed

optimal results. When the plaintiff's wife sought treatment from the

service for leg pain, she suffered untreated severe vascular disease

for months before being evaluated by a vascular surgeon in an

attempt to save the leg that had become paralyzed. The defense4

argued that the care rendered to the plaintiff was appropriate and

the diagnosis of an orthopedic problem was reasonable and that the

plaintiff suffered a sudden, unpredictable blood clot that traveled to

the leg blocking circulation.

10,000,000.00$ Plaintiff MVA Head-on

Plaintiff suffered L AKA and fractured of the R leg and hip when his

motorcycle collided w/ a tractor-trailer operated by the defendant

and leased by the co-defendant leasing company. The plaintiff

contended that the defendant was not parked legally on the street

and faced the opposite way of the traffic flow. The defendants

defaulted.

2,583,000.00$ Plaintiff

Nursing Home

Negligence Delayed Treatment

Plaintiff suffered AKA after defendant nursing home failed to treat

her fractured leg for more than 2 days after the injury. The plaintiff

contended that her leg was broken during her washing and that no

one would listen to her complaints. The plaintiff maintained that the

negligence on the part of the nursing home led to the amputation of

her led 3 weeks later.

150,000.00$ Plaintiff

Nursing Home

Negligence Treatment

Plaintiff suffered L leg AKA when a cut of L 4th toe, which he

sustained at the defendant nursing home, became infected. The

plaintiff contended that defendants failed to create safe premises

where the plaintiff would be well cared for and that the defendants

failed to provide proper care after injury. The defendants denied

that they failed to provide proper care and contended that the

plaintiff's cut was treated promptly.

1,187,000.00$ Plaintiff Doctor/Hospital Mal Diagnosis

Minor plaintiff suffered AKA when defendant doctor and defendant

hospital failed to properly diagnose the plaintiff's meningococcemia

during his 1st visit to the hospital's ER. The plaintiff contended that

an earlier diagnosis and subsequent treatment would have

prevented AKA.

-$ Defense Doctor Mal Negligent Surgery

Plaintiff suffered AKA after bypass surgery performed by defendant

surgical associated and co-defendant vascular surgeons. Plaintiff

contended that defendants were negligent for failing to use his own

veins for bypass surgery and that the failure to use the veins caused

him to contract gangrene of the leg resulting in AKA. Defendant

contended that plaintiff's own veins were unsuitable for bypass and

contended that proper standard of care was followed by using Gore-

Tex artificial graft

2,200,000.00$ Plaintiff Doctor/Hospital Mal Delayed Treatment

Plaintiff suffered R leg AKA when defendant medical plan (Humana)

refused to admit her to the hospital without her primary doctor's

permission, and that the co-defendant doctors were not available

for consultation. The plaintiff contended that when complications

developed from her Heparin medication, that the defendant medical

plan was negligent in failing to permit her admission to the co-

defendant hospital when her primary care physician couldn't be

reached for authorization, that the primary care physicians were

negligent in not having someone on call in case of emergency, and

that when she finally was permitted to be admitted to the hospital,

gangrene had already developed. All defendants denied negligence

and contended that the other defendants were negligent.

4,000,000.00$

CN: Plaintiff

3%; Defendant

97% Bicycle/Vehicle Broadside

Award reduced to $3,880,000 for CN. Plaintiff suffered an AKA, req.

a hip replacement, and necessitated psychiatric treatment after the

defendant's vehicle struck him broadside while he was riding a

bicycle. The plaintiff alleged that the defendant's vehicle struck him

and carried him 65 feet before pulling over.

-$ Defense Doctor Mal Diagnosis

Plaintiff suffered AKA, kidney and liver failure, vascular leg damage, a

sigmoid colon preformation req. resection, and sepsis after she

presented to the defendant physician w/ abdominal pain, weakness,

and vertigo. Plaintiff contended that defendant failed to properly

diagnose diverticulitis, which caused the perforation, failed to

properly evaluate and test the plaintiff, failed to timely request a

surgical consult when the perforation was discovered, and failed to

provide the proper standard of care. Defendant denied liability,

contended plaintiff was properly diagnosed and treated.

8,400,000.00$ Plaintiff Doctor Mal Failure to Inform

Plaintiff suffered AKA from leg vascular damage while in the care of

defendant physician who referred him to 4th-named defendant and

the remaining defendants, where he presented w/ high levels of

prostate specific antigens. Plaintiff contended that defendants failed

to properly diagnose and treat medical condition, failed to properly

inform of his high serum glucose readings, failed to perform proper

diagnostic tests, ordered a incorrect diet for someone w/ diabetes,

and failed to provide proper standard of care. Plaintiff further

contended 3rd- and 5th-namedd defendants failed to properly hire,

train, and supervise their medical staff. The defendants denied

liability, disputed plaintiff's injuries, and contended that the plaintiff

was negligent, careless, and that his negligence caused his damages.

-$ Defense Products Liability Motorcycle

Plaintiff sustained AKA after he was pinned between his motorcycle

and a vehicle as he attempted to make a turn. Plaintiff filed suit

against defendant motorcycle manufacturer (Yamaha) for failing to

equip the motorcycle w/ crash bars and asserted the motorcycle was

defective.

-$ Defense Doctor Mal Unnecessary Surgery

Plaintiff suffered AKA that resulted in MRSA and required a hip

replacement while in the care of the defendant orthopedic surgeon,

who was associated w/ the co-defendant, at a nonparty medical

facility where she underwent a total hip replacement. The plaintiff

contended that the defendant failed to exercise the skill and

knowledge necessary to perform the procedure, that the procedure

resulted in MRSA ad caused ongoing injuries, and that he failed to

provide the proper standard of care. The defendants denied liability,

disputed the extent of the plaintiff's injuries.

3,500,000.00$ Plaintiff Doctor/Hospital Mal Delayed Treatment

Plaintiff suffered AKA after her leg was crushed and shattered in a

car accident and she contended that the defendant doctor failed to

use ice to cool the limb before treatment, that the defendant failed

to treat her at all until 5hrs after the accident, and that when

treatment was given, the injury was repaired improperly. Plaintiff's

expert opined that only 10% of cases like hers would have resulted

in amputation.

100,000.00$

CN: Plaintiff

56%;

Defendant 44% MVA Pedestrian

Plaintiff suffered AKA when he was run over by defendant

transportation authority's bus. Plaintiff contended that defendant's

driver was negligent in operation of the bus. Defendant's driver

contended that he stopped the bus at the usual access area, picked

up passengers, checked for clearance, and proceeded; the driver

maintained he never saw the plaintiff.

3,200,000.00$ Plaintiff Negligent Entrustment Company Vehicle

Plaintiff suffered AKA when the bus in which she was a passenger

was struck by a truck operated by defendant and owned by co-

defendant automobile dealership. The defendant's BAC was more

than 2x the legal limit. Plaintiff contended that co-defendant was

negligent for failing to properly check the references of its

employees and for negligently entrusting the truck to an

incompetent driver. Plaintiff further contended that defendant

driver was intoxicated at the time of the collision.

1,662,418.00$

CN: Plaintiff

10%;

Defendant 90% Products Liability Ladder

Plaintiff suffered AKA of R leg when she became entangled in a

ladder on which she was standing when it collapsed. The ladder was

manufactured by the defendant and the plaintiff contended that the

supports on the ladder failed, causing the ladder to become unstable

and collapse.

950,000.00$

CN: Plaintiff

20%;

Defendant 80% Doctor Mal Unnecessary Surgery

Plaintiff suffered AKA of R leg, sued defendant physician after

claiming that the operation was unnecessary. Defendant contended

that plaintiff had requested amputation for treatment of knee

derangement and reflex sympathetic dystrophy. Parties settled post-

verdict for $525,000.

1,652,064.00$ Plaintiff Watercraft Negligence Noncrash

Plaintiff suffered R leg AKA and chest laceration when his leg was

struck by the propeller of the defendant's vessel after the plaintiff

fell from an inner tube that was pulled by the female codefendant's

vessel. The plaintiff contended that the defendants operated their

vessels in a negligent manner, failed to keep a proper lookout, and

that the codefendant failed to stop the vessel and allow the plaintiff

to enter the watercraft. The defendants denied liability, contended

that plaintiff was intoxicated at the time of the accident.

4,650,000.00$

CN: Plaintiff

15%;

Defendant 85% Products Liability Air Pump

Plaintiff suffered multiple injuries including R leg AKA when he used

an emergency tire inflator, designed by the defendant manufacturer

and distributed by the co-defendant company, and an explosion

occurred as he was attempting to repair the tire. The plaintiff

contended that the defendant negligently designed the product and

labeled the product as nonexplosive and that he is permanently

disabled and unable to return to work. The defendant contended

that the plaintiff wasn't properly trained to use the product and that

he failed to properly follow the instructions. The defense also

claimed that the plaintiff should be able to perform sedentary office

work.

-$ Defense Doctor/Hospital Mal Nonsurgical Treatment

Plaintiff suffered AKA due to necrosis of muscle after being a patient

of the defendant physician and underwent surgery by the 3rd-

named defendant surgeon at the ER of the 5th-named defendant

hospital w/ symptoms of leg pain, cold temperature, and color

change. Plaintiff contended that defendant failed to properly treat

his condition and failed to refer to a proper specialist to the plaintiff,

that the 3rd-named defendant failed to perform bypass surgery, that

the 5th-named defendant failed to arrange for appropriate doctors

for the plaintiff according to their specialties and that the

defendants failed to provide the proper standard of care. The

defendants denied liability, contended that the plaintiff failed to

inform the defendant doctors of his self-medicating proactive and

that bypass surgery was inappropriate at the time of plaintiff's

symptoms.

1,640,000.00$ Plaintiff Products Liability Heavy Farm Machinery

Plaintiff suffered L leg AKA, shoulder injuries, and R knee and ankle

pain when he was knocked into an unguarded portion of a screw

conveyor, manufactured by the defendant, by the cover of the screw

conveyor which came off. Plaintiff contended that defendant and

codefendant distributor failed to warn users that the cover must be

securely fastened to the troughs before the conveyor could be

turned on.

5,350,000.00$ Settlement Premises Liability

Accident at Convenience

Store

Plaintiff suffered multiple orthopedic injuries including R leg AKA all

requiring 3 hospitalizations and 8 surgeries when she was struck on a

sidewalk in front of the defendant convenience store, managed by

the 3rd-named defendant, by a vehicle, operated by the

codefendant, which jumped the curb, struck the plaintiff and

knocked her through a plate glass window. Plaintiff contended that

the defendant and 3rd-named defendant were negligent for failing

to provide a barrier and that there was a record of similar accidents.

Defendants contended that accident was unforeseeable.

3,639,168.00$ Plaintiff Products Liability Truck

Plaintiff suffered R leg AKA when he was crushed between the

defendant manufacturer's garbage truck and a nonparty vehicle

which struck the truck from the rear when the truck was stopped w/

its flashers on. Plaintiff contended that the truck was negligently

designed since its flashing lights were placed too low and were

blocked/knocked off by workers. Plaintiff further contended that

codefendant waste services company, the plaintiff's employer, failed

to properly maintain the truck w/ regard to the flashing lights.

1,950,000.00$ Plaintiff Doctor/Hospital Mal Surgery

Plaintiff suffered AKA performed by defendant doctor at defendant

hospital. Plaintiff contended that defendant surgeon was surgically

negligent, that the defendant hospital's nurses were negligent in

their failure to properly monitor, chart, and perform necessary

services in order to become aware of the plaintiff's deteriorating

condition and that the defendant hospital was negligent in its

selection and retention of an incompetent surgeon. The defendant

surgeon was uninsured and declared bankruptcy before the verdict.

610,000.00$ Settlement MVA

Vehicle Struck in Emergency

Lane

Plaintiff was in a vehicle that was struck in the emergency lane.

Plaintiff had multiple serious injuries including R leg AKA. Upon

admission to the hospital, he was given a 10% survival rating/

2,582,000.00$

CN: Plaintiff

15%;

Defendant 85%

Nursing Home

Negligence Treatment

Plaintiff suffered AKA when complications developed after initial

surgery to repair a leg fracture that she sustained at defendant

nursing home. Plaintiff contended she had a skin rash and ulcers that

resulted from lying in her own feces/urine, and that employees at

the defendant nursing facility forced her to undergo Kwell showers

to treat the condition. Plaintiff also claimed that while she was

forced to shower, an employee dropped her, fracturing her leg. she

underwent surgery to repair the leg but it was eventually rebroken

resulting in the AKA. Plaintiff contended that the defendant was

negligent in failing to maintain a clean work environment for its

patients and in failing to hire/train capable employees. Defendant

claimed plaintiff's osteoporosis was the cause of the initial break.

Plaintiff's medical witness claimed plaintiff never should have been

forced to shower against her will; defendant's medical witness

claimed plaintiff's amputation actually caused by a failure of a

fixation device.

-$ Defense Med Mal Failure to Prescribe

Plaintiff was being treated by defendant internist when he claimed

that the defendant negligently failed to prescribe anticoagulant

therapy following femoral bypass leading to AKA. The defendant

argued that anticoagulant medication was not indicated and that the

vascular surgeon who performed the bypass was responsible for that

prescription. The vascular surgeon was dismissed but testified that

he left all of the plaintiff's post-surgical meds to the internist.

Plaintiff's internal medicine expert testified that the standard of care

required post-surgical anticoagulant therapy for the plaintiff and

that the anticoagulants would have avoided the AKA. The

defendant's internal medicine expert testified that anticoagulant

therapy was not indicated and that the plaintiff suffered progressive

atherosclerotic disease related to a history of smoking cigarettes.

The expert also testified that decisions regarding what type of

anticoagulants should be used was up to the vascular surgeon.

-$ Defense Med Mal Infection in Leg

Plaintiff contended that he arrived at a hospital septic w/ an

infection in L foot that had spread up his leg which eventually

showed signs of ischemia. Plaintiff claimed that defendant physicians

were negligent and that such negligence had caused plaintiff to

require AKA of L leg.

6,132,642.00$

CN: Plaintiff

50%;

Defendant 50% MVA

Failure to Maintain Travel

Lane

Plaintiff was operating motorcycle when she claimed the defendant's

vehicle entered her lane of travel and caused a "head-on" collision

resulting in multiple orthopedic injuries including dominant arm

fractures and bilateral leg fractures (one resulting in an AKA). The

defendant claimed the plaintiff's motorcycle swerved across the

center line and struck her vehicle in the front end. The defendant

also claimed that if the plaintiff underwent extensive therapy, she

would be able to return to work, run, water ski, and live w/o pain.

17,300,000.00$ Plaintiff Products Liability Tobacco

Plaintiff claimed cigarette addiction from age 17 until she developed

peripheral vascular disease resulting in stroke and AKA of both legs.

Plaintiff sued defendant company alleging a nicotine addiction and

that the company had concealed the health risks and conspired w/

other companied to conceal the health risks of smoking and nicotine

addiction. Defendant argued plaintiff's disease was unrelated to her

smoking/nicotine addiction and that she had multiple other risk

factors.

-$ Defense Med Mal Negligent Injection

Minor plaintiff was given Vitamin K injection shortly after birth at the

defendant hospital under the direction of defendant nurse

practitioner. Plaintiff's counsel claimed defendant gave plaintiff the

injection into the artery of the leg when it should have been

administered intramuscularly into the thigh and a clot formed in the

L common iliac artery as a result of the vascular damage resulting in

AKA of the leg. Plaintiff also sustained persistent pulmonary

hypertension. Defense counsel contended that the use of Vitamin K

was standard procedure and the proper dose was administered in an

appropriate manner and in the proper location on the leg. The

defense's pharmacology expert claimed that Vitamin K was not

capable of producing the conditions that led to the amputation and

the L leg was shorter than the R at birth. With the combination of

the leg malformation and breathing issues, the defense claimed, the

AKA was necessary.

30,000,000.00$ Plaintiff Products Liability Tire

Plaintiff was tractor-trailer driver who lost both legs through AKA in

a vehicular accident when the front tire, manufactured by the

defendant company and sold by co-defendant company, exploded

and his truck veered into a dike. Plaintiff contended that the

defendant was negligent in designing a faulty tire, and the

codefendant was negligent in selling the defective tire. The

defendant denied negligence and contended the tire was overly

used. An appellate court later ruled this verdict invalid.

-$ Defense Med Mal Delayed Treatment

Plaintiff suffered uncontrolled hypertension and severe vascular

disease when she was undergoing treatment at Jackson Memorial

Hospital, North Shore Medical, and private practice and began losing

the ability to move her legs. Plaintiff then went to defendant

University of Miami hospital and underwent an operation where

doctors implanted a tube in her heart to replace her failing aorta.

After surgery, plaintiff developed necrosis and gangrene in L foot

and lower leg requiring an AKA and resulting in paralysis of the

existing leg. Plaintiff sued all prior medical facilities (Jackson

Memorial, North Shore, the private practice physicians, Tenet

HealthSystem, the two doctors that completed her surgery at UM

and UM itself). All medical facilities but UM and their physicians

were dismissed. Plaintiff's counsel claimed surgery was performed

improperly and too late which caused the AKA and paralysis. The

defense argued to would have been impossible to operate on the

plaintiff before the date they did due to her unstable condition and

the tube was placed where it was due to the extensive damage to

her heart.

-$ Defense Doctor Mal Inappropriate Medication

Plaintiff alleged that she suffered AKA of L leg when she underwent a

femoral popliteal artery bypass on R leg and angioplasty on L leg

performed by the defendant. The plaintiff contended that the

defendant failed to exercise the skill and knowledge necessary to

properly monitor her most-surgical care and prescribe the

appropriate medications, failed to administer a blood thinner prior

to surgery and during recovery, which resulted in post-op bleeding

and necessitated the AKA, and failed to provide the proper standard

of care. The defendant denied liability, contended that the plaintiff's

AKA was necessitated by her underlying risk of clotting caused by

peripheral vascular disease and that the proper standard of care was

provided at all times.

-$ Defense Doctor Mal Delayed Treatment

Plaintiff suffered AKA of both legs when he presented to the ER for

heart-related complaints and was admitted to the cardiac care unit

for evaluation. ~8hrs later, the plaintiff suffered an aortic aneurysm

and myocardial infarction which were diagnosed and the aortic

aneurysm, which had ruptured into the vena cava, was surgically

repaired. The defendant physicians then tried to restore blood flow

to the legs (unsuccessfully) and decided not to attempt any other

procedures because they felt that the plaintiff could not survive

them. The plaintiff contended that the defendants quit too soon,

that they did not follow a professional standard of care, and that

they failed to timely diagnose the problem. The defendants denied

negligence and contended that further surgery would have caused

the plaintiff's death due to his medical history.

2,510,000.00$ Settlement MVA Pedestrian

Plaintiff was checking the oil in his vehicle when defendant's vehicle

struck 2nd-named defendant's vehicle causing his vehicle to roll into

the service station, striking the plaintiff causing bilateral crushed legs

and AKAs

3,940,938.93$

CN: Plaintiff

30%;

Defendant 70% MVA Motorcycle

Judgment reduced to $2,758,657.25 for CN. Plaintiff was operating a

motorcycle traveling south and defendant was operating a vehicle

owned by 2nd- and 3rd-named defendants traveling north.

Defendant driver was working for a pizza shop delivering pizza when

plaintiff alleged that he made a L turn into a driveway in front of

plaintiff's oncoming motorcycle, causing the motorcycle to collide w/

defendant's vehicle. Defendants claimed that plaintiff improperly

operated his motorcycle at the time of the accident and that his

conduct constituted CN.

760,000.00$ Plaintiff Med Mal

Failure to Diagnose Vascular

Injury

Plaintiff sought medical treatment from defendant orthopedic

surgeon employed by defendant medical group six days after

injuring her ankle. Plaintiff told defendant that she had a history of

deep vein thrombosis in R leg. Defendant diagnosed plaintiff w/ L

ankle sprain, but plaintiff returned about 9 days later complaining of

persistent pain, coldness, numbness, and loss of color in her foot

and defendant diagnosed her with a sprain of the intraosseous

membrane in L foot and prescribed Locet. 2 days after, plaintiff

presented to the ER w/ a cool L foot and calf and weak femoral pulse

and was admitted to the hospital where she was treated by 3rd-

named defendant, a vascular surgeon, and 4th-named defendant, a

unspecified surgeon. 3rd-named defendant evaluated plaintiff and

diagnosed her with arterial immobilization and concluded that she

was suffering from a saddle embolus of the abdominal aorta and a

secondary embolus to the L popliteal artery resulting in L foot

ischemia. 3rd-named defendant explained that a lot of damage had

already been done and that a thrombectomy would likely be a

waste, but 3rd-named defendant and 4th-named defendant

attempted it, but it resulted in a BKA, then AKA after other

complications. Plaintiff alleged 1st-named defendant physician was

negligent for failing to correctly diagnose Plaintiff's condition, failing

to call in proper consulting vascular surgeons, and failing to order

proper tests and if this defendant had done everything correctly, the

leg may have been able to be saved. Plaintiff further alleged 3rd- and

4th-named defendants were negligent for failing to use proper

surgical and sterile techniques and for failing to conduct proper

follow-up care.

-$ Defense Med Mal

Failure to Properly Diagnose

and Treat Femoral Stress

Fracture

Plaintiff was patient of defendant, an orthopedic surgeon, for knee

and hip-related problems. During that time, defendant performed

surgery on decedent's R leg. Plaintiff alleged defendant failed to

properly diagnose a femoral stress fracture and subsequently

performed unnecessary surgery on the leg and that unnecessary

surgery resulted in a staph infection leading to an AKA.

-$ Defense

Negligent Disabled

Transit

Failure to Assist Ambulatory

Patient Onto Wheelchair Bus

Plaintiff was ambulatory but using a cane when he attempted to

board the defendant-operated bus which assisted disabled citizens

with getting around. Plaintiff asked for assistance from the bus

driver with getting onto the bus as he was unsure of being able to

step high enough or ride the wheelchair lift in a stable manner. The

bus driver repeatedly denied the plaintiff's requests for help, even

though photos on the defendant's website showed the bus drivers

assisting passengers in riding the wheelchair lift up to the bus height.

As the plaintiff was riding the wheelchair lift up to the bus, he again

asked for help getting off of the lift and that request was denied. The

plaintiff subsequently tripped on an uneven lip and fell resulting in a

hip fracture. This fracture rendered the plaintiff immobile resulting

in decubitus ulcers resulting in bilateral AKAs. The plaintiff alleged

that the fall was caused by the bus driver's negligence in refusing to

assist the plaintiff, despite the fact that the plaintiff asked for help at

least 3 times. The defendant argued that the plaintiff was prone to

falls and that the accident couldn't have been prevented by the bus

driver. The defense also disputed the causal connection between the

plaintiff's hip fracture and his ultimate leg amputations.

2,913,574.00$ Plaintiff Work Accidents Manufacturing

Plaintiff suffered AKA of R leg and torn rotator cuff as he was

working on breaking down a railroad tanker at the defendant

salvage yard. The defendant's nonparty employee drove a crane

over an exposed natural gas line causing an explosion which then

caused the tanker car to fall on the plaintiff and crush his leg.

Plaintiff contended that defendant was negligent, failed to provide a

safe workplace and created a dangerous condition by removing a

protective safety barrier surrounding the gas line. The defendant

denied liability, contended that the utility company was negligent in

maintenance of the gas line.

-$ Defense Hospital Mal

Failure to Provide Standard

of Care

Plaintiff claimed that the nursing staff at defendant's hospital was

negligent in its care of her after undergoing an angioplasty. Plaintiff

claimed that following angioplasty, while the plaintiff was a patient

in the telemetry unit, the nurse employees breached the standard of

care in their care and treatment of plaintiff, and that these

deviations from the standard of care proximately caused or

substantially contributed to injuries. Plaintiff alleged nurses did not

check on her coagulation level before removing a sheath, the nurses

didn't monitor the site in the groin area after removal of the sheath,

and the nurses didn't contact physicians in a timely fashion

regarding the rapidly expanding hematoma in the groin area.

Defendant alleged that the nurses did monitor plaintiff's blood level,

the nurses did alert the physicians, and that the plaintiff was an

older woman w/ a history of smoking and preexisting conditions

predisposing her to complications such as the AKA

6,500,000.00$ Settlement MVA Pedestrian

Plaintiff was loading cargo into the rear of his Brinks' armored truck

which was double-parked on a Miami-Beach street when the

defendant, who was driving a vehicle rented from the defendant

rental company, struck the plaintiff and pinned him between the

armored truck and the vehicle resulting in injuries including an AKA.

Plaintiff sued the defendant driver for negligence and the defendant

rental company for vicarious liability and bad faith. Plaintiff

contended that the insurer failed to resolve the defendant driver's

claimed in a fair and timely manner. The defendants claimed that

the insurance company didn't collect all of the information that it

needed regarding the accident in a timely manner and it couldn't

process the claim. The defendant driver argued that he was driving

behind a vehicle that swerved out of the way of the armored truck

forcing the defendant to hit the plaintiff but a witness claims there

was no car in front of the defendant driver.

10,000,000.00$ Plaintiff Med Mal

Diabetes Diagnosis and

Treatment

Plaintiff was patient of defendant radiation oncologist for early

prostate cancer when he underwent radioactive seed implantation

and was prescribed a steroid. Plaintiff claims that the steroid forced

the previously undiagnosed diabetic into a diabetic hyperosmolar

state. Plaintiff visited the defendant oncologist for symptoms

including a 19-lb. weight loss, excessive thirst and excessive

urination . The defendant oncologist then concurred w/ plaintiff's

primary care provider (PCP) that the defendant PCP should treat all

non-cancer issues and the issue was referred to him. The defendant

PCP prescribed Micronase w/ a follow-up appointment after lab

tests showed a severe diabetic hyperosmolar state w/ elements of

diabetic ketoacidosis. Plaintiff contended he should have been told

to go to the ER immediately instead of given prescriptions that did

not help the uncontrolled state of his diabetes. Plaintiff went to the

ER with symptoms of pain and numbness in his lower leg and a

blood clot was diagnosed in the femoral artery requiring AKA and

resulting in mild to moderate cognitive impairment. Plaintiff claimed

that had he been informed to go to the hospital, he would have

received hydration w/ fluids, insulin, and electrolytes, and wouldn't

have suffered any injury.

-$ Defense Med Mal

Failure to Obtain Vascular

Consult

Plaintiff presented to defendant hospital from his primary care

physician's (PCP) office w/ complaints of pain, numbness, tingling of

R calf and foot, and mild toe/foot discoloration with no DP/PT pulses

via Doppler. Plaintiff was admitted to defendant hospital and came

under care of defendant physician. Plaintiff claimed that he was

allowed to remain in the ER for 6hrs despite the necessity of

immediate treatment and that his R leg became severely vascularly

compromised and non-viable requiring AKA. Defendant hospital was

also allegedly negligent in failing to have in place an on-call vascular

consult service.

-$ Defense Products Liability Design Defect

Plaintiff was operating a stand-up forklift manufactured by

defendant in the cooler section of a warehouse when he exited an

aisle and drive his forklift into another forklift which was parked w/

its forks raised; one of the forks from the parked truck went through

the operator compartment and struck the plaintiff's leg causing

multiple fractures and eventually resulting in an AKA. Plaintiff sued

the forklift manufacturer claiming defective design and that the

defect caused his injury. Specifically, the forklift was manufactured

w/ an open operator compartment when the plaintiff contended

that the truck should have been equipped w/ a door that completely

enclosed the operator compartment. Defendant claimed that placing

a door to completely enclose the operator compartment would

create an unsafe environment in other types of forklift accidents and

presented a statistical expert that testified to the 30-year history of

the forklift model at issue and deemed it safe.

5,900,000.00$ Plaintiff MVA Motorcycle

Plaintiff was driving home from work on his motorcycle at ~45mph

when an approaching motorcycle traveling at an equivalent speed

crossed into the plaintiff's lane of travel and sideswiped him

resulting in AKA and loss of L arm above the elbow. Plaintiff has been

rated 95% permanently disabled and unable to obtain permanent

employment.

4,000,000.00$

CN: Plaintiff

90%;

Defendant 10% Railway Pedestrian

Judgment reduced to $400,000 for CN. Plaintiff suffered AKA of R leg

and below knee amputation of L leg when he attempted to board a

moving train and fell beneath the car's wheels. Plaintiff contended

that the employees of the defendant knew that the plaintiff was

attempting to board a non-passenger train and that they failed to

warn him of the dangers of doing so and failed to alert security to

prevent him from attempting to board the train. The defendant

maintained that the plaintiff was negligent in that he was a

trespasser attempting to perform an illegal act.

3,198,141.65$


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