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 $400,000 for CN. Plaintiff suffered AKA of R leg
and below knee amputation of L leg when he attempted to board a
moving train and fell beneath the car's wheels. Plaintiff contended
that the employees of the defendant knew that the plaintiff was
attempting to board a non-passenger train and that they failed to
warn him of the dangers of doing so and failed to alert security to
prevent him from attempting to board the train. The defendant
maintained that the plaintiff was negligent in that he was a
trespasser attempting to perform an illegal act.
3,198,141.65$