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$9 Million Awarded For Failing To Diagnose Spotted Fever

Jury Awards Wichita Man $9.8 Million

Posted: Sep 3, 2008 11:04 PM

Updated: Sep 4, 2008 06:34 AM

 

Michael Schwanke (Wichita, KS)

Kyle Jim was 11-years-old when he went to Via Christi St. Francis Emergency Room in 1996 with fever, rash and headache.

It turns out Kyle had Rocky Mountain spotted fever he contracted from a tick.

Doctors misdiagnosed Kyle and didn't get him the right medication soon enough.

Because of the misdiagnosis, both of Kyle's legs had to be amputated, plus four fingers on one hand, and his index finger on the other. He also lost his hearing, speech and has brain damage.

His attorney says today's verdict is a big win for Kyle and his family and brings awareness to a treatable disease.

"This is a disease that was cured by American medicine and considered to be a triumph of American medicine. Kyle should not be in this condition and Margie (Kyle's mom) shouldn't have to suffer like she has," says attorney John Sheehy who worked with Patterson, Gott & Burk.

Of the $9 million awarded, more than $5 million was for pain and suffering, but Kyle's attorneys say Kansas law caps that amount at $250,000.

To read the full article go to:
http://www.kansascw.com/Global/story.asp?S=8949085 

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Jury awards $16 Million for False Sex Abuse Claim

KANSAS CITY, Mo. -- A federal jury awarded a man who was acquitted of molesting his adopted daughter $16 million on Friday. The verdict came in Theodore W. White Jr.’s lawsuit against his ex-wife and a Lee's Summit police officer.

White, who now lives in Aurora, spent more than five years in prison after a jury convicted him in 1999 of molesting the girl between 1995 and 1998. He got a new trial on appeal in 2002 after prosecutors revealed the lead detective, Richard McKinley, was dating White’s wife during the investigation. The ex-wife, Tina, is the mother of the girl and is now married to McKinley.

White’s second trial ended with a hung jury, which was split 11-1 in White’s favor. His acquittal in his third trial came in February 2005, and White left jail and moved to Aurora to be near his family, who supported him and raised money for his defense.

To read the full article go to:
http://www.ky3.com/news/local/27671074.html 

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Jury awards Cornwall crash victim's family $29.4M

Jury awards Cornwall crash victim's family $29.4M

GOSHEN — A state Supreme Court jury awarded $29.4 million in damages Friday to the family of a New Jersey man who died in the aftermath of a 2002 car crash on the state Thruway in Cornwall.

It appears to be the largest civil damage verdict in Orange County's history, said Steven I. Milligram, the president of the Orange County Bar Association. "I've been practicing here since 1986, and I have not heard of anything that high," said Milligram, who's a partner in a Newburgh law firm.

The crash occurred on Jan. 25, 2002, when a freight container on a northbound flatbed trailer smashed into the bottom of the Pleasant Hill Road overpass. Denise Malkin of Franklin Lakes, N.J., swerved her SUV to avoid the wreckage of the exploding container and was broadsided by another tractor-trailer.

The impact left Malkin's husband, Peter, suffering from serious internal injuries and brain damage that eventually claimed his life.

His daughter, who was 15 at the time, also suffered injuries. The Malkins were on their way to Vermont to go skiing.

During the two-week trial before Justice Joseph Alessandro, the jury heard Malkin described as "a spectacular person and spectacular worker," said Robert Kelner, the lawyer who represented Malkin's family. Malkin worked for CSC Corp., a large business technology company.

The damages are against Sebastian Tremblay of Montreal, who was at the wheel of the tractor-trailer and got a ticket for driving an over-height vehicle, as well as two Canadian companies: Transport Expressway Inc., which owned the truck, and Finloc, a leasing company with insurance on the trailer.

"This case was one of the worst human catastrophes that I have seen in my practice. It came out before the jury as to the horrible impact of this accident on all of the members of Peter Malkin's family, and I really do feel that justice was done," Kelner said after the verdict.

Lawyers for the defendants indicated that they'll ask Alessandro to reduce the size of the award.

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Wall Street Journal Reports Unacceptable Hospital Infections

Hospital Infections: 
Preventable and Unacceptable

By BETSY MCCAUGHEY
August 14, 2008; Page A11

On July 30, a jury awarded over $2.5 million to James Klotz and his wife Mary in a medical malpractice lawsuit against a heart surgeon, his group practice and St. Anthony's Medical Center in St. Louis, Mo. In 2004 Mr. Klotz, now 69, was rushed to the hospital with a heart attack and a pacemaker was surgically implanted. He developed a drug-resistant staph infection called methicillin-resistant Staphylococcus aureus (MRSA). It was so severe that he underwent 15 additional operations, spent 84 days in the hospital and lost his right leg, part of his left foot, a kidney and most of his hearing.

To read the entire article go to:
http://online.wsj.com/article/SB121867229022038907.html?mod=googlenews_wsj 

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Stuff of nightmares: Criminal prosecution for medical malpractice

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Google the words "New York Medical Malpractice Lawyer" to see which attorney website comes up #1 on the 1st Page of Google

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Wal-Mart ordered to pay $1 Million to Florida Woman For Injuries

A Lee County jury said Wal-Mart owes a Fort Myers woman $1 million because its negligence caused her to fall and injure her neck.

Linda Gail Wright, now age 57, slipped at the North Fort Myers Wal-Mart on Oct. 30, 2002 while searching for Halloween candy.

She slipped on a puddle of oil and water that had spilled from rotisserie chickens, which were packaged by Wal-Mart in plastic containers.As a result, Wright, an avid horse trainer and rider, underwent multiple cervical spine surgeries. She now has a permanent titanium cage stabilizing her neck.
Wright owes more than $123,000.00 in medical bills.

Throughout the trial, Wright’s attorneys highlighted Wal-Mart’s failure to follow many of its own policies and procedures in regards to keeping its floors safe and clean for customers.

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$5 Million Awarded in Upstate Barge Accident

George Brown, 56, required three surgeries to address back injuries in the wake of the 2003 accident, which happened while his barge was on Long Island Sound. His lawyer, Elliot Tetenbaum, argued that the barge’s owner, Reinauer Transportation Cos. of Staten Island, should be punished for causing Brown’s medical predicament. 
Reinauer’s lawyer argued Brown had pre-existing medical problems.

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Queens Jury Awards $19.6 Million For Traumatic Delivery

A jury has awarded $19.6 million to a couple who sued a hospital for medical malpractice after their baby was brain-damaged at birth and the mother was mutilated in the delivery.

The Maings' lawyer, Thomas Moore, said Daniel Maing was born with cerebral palsy after Dr. Po Ching Fong, a hospital resident, yanked at his head with forceps for 23 minutes until she pulled him through his mother's birth canal.

To read the article go to:

http://www.1010wins.com/Queens-Jury-Gives--19-6M-to-Injured-Baby-s-Parents/2519384

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Kings County Hospital Psych Patient Ignored To Death

PATIENT IGNORED TO DEATH

KINGS COUNTY HOSPITAL OUTRAGE

By LARRY CELONA, STEPHANIE COHEN and CATHY BURKE

HORROR MOVIE:Surveillance video shows Esmin Green slumped in her seat (1),...
HORROR MOVIE:Surveillance video shows Esmin Green slumped in her seat (1),...
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Last updated: 8:38 am
July 1, 2008

They callously ignored her.

Esmin Green is seen in these infuriating images collapsing on the psychiatric emergency-room floor at Kings County Hospital - stared at by one worker, ignored by a security guard, and finally nudged by a health-care staffer on June 19.

She lay there for an hour before doctors and nurses snapped to attention and tried to revive the 49-year-old Jamaica native.

It was too late.

The shocking video was released by lawyers suing KCH in federal court on an unrelated matter.

"I heard about it and it's horrible how she died like that," said Green's landlady, Beatrice Wallace, of East 94th Street in Brooklyn.

She'd lived there until just days before she died.

The needless death resulted in the immediate firings of the director of psychiatry, the doctor on duty and the director of security, said a spokeswoman for the city's Health and Hospitals Corp., which runs the municipal hospital.

Two nurses and a security guard were suspended pending hearings.

"We are all shocked and distressed by this situation," HHC President Alan D. Aviles said in a statement last night. "It is clear that some of our employees failed to act based on our compassionate standards of care."

He added that "as a result of this tragic incident, we will put into place additional and significant reforms" to protect psych patients.

A federal court order will be signed today, directing the hospital to assemble a search team to fill the spots of the fired staff, and establishing guidelines to reduce the waiting time at the emergency room.

HHC said Green was brought to the psychiatric e.r. by EMS medics on the morning of June 18, suffering from agitation and psychosis.

The patient refused medical review and was admitted against her will.

She was left in the e.r., supposedly under supervision, waiting for a bed in the inpatient unit to become available.

Nearly 24 hours later, on the morning on June 19, she was found unresponsive on the floor.

Shockingly, more than a year earlier, the New York Civil Liberties Union and others sued KCH over unsatisfactory conditions there.

The lawsuit, filed at Brooklyn federal court, described conditions in the psychiatric unit as "squalor," more like a squatter camp than a hospital.

"The pattern of neglect and abuse at Kings County Hospital Center is an affront to human dignity," NYCLU Executive Director Donna Lieberman said at the time.

"The New Yorkers most in need of our care and support are being denied their basic rights by the very institutions entrusted to protect these individuals."

larry.celona@nypost.com

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Jury Awards $12 Million in Baby Death Malpractice Suit

Couple's Baby Died at Tampa General Hospital

Published: Friday, June 27, 2008 at 9:26 p.m.
Last Modified: Friday, June 27, 2008 at 9:31 p.m.

TAMPA | A jury hearing a civil lawsuit against Tampa General Hospital awarded a $12 million judgment Friday to a Polk County couple whose premature baby died there after having been transferred from Winter Haven Hospital.

Parents Allyson Parham and Robert Gardner contended in their suit that TGH didn’t have the appropriate specialists on its staff to deal with their baby’s infection. The suit is one of at least nine with similar allegations filed by Tampa lawyer Harold Tripp Sebring.

Amanda Sparks, a Fort Meade resident who is among the other parents in those suits and was in the Tampa courtroom Friday, said the family “cried and cried and cried” when the verdict was announced.

To read the full article go to:
http://www.theledger.com/article/20080627/NEWS/617208967/1410&title=Jury_Awards__12_Million_to_Polk_Couple_in_Malpractice_Suit

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Woman wins more than $6 million in medical malpractice case

Woman wins more than $6 million in medical malpractice case

By Julie Manganis
Staff writer

SALEM — A woman who wanted to stop having to take heart medications so she could have another child, only to end up with permanent heart damage, has won a $4.3 million verdict in a lawsuit against two Boston doctors.

With interest, the total amount will be more than $6 million, said the woman's lawyer, Annette Gonthier-Kiely of Salem. It's one of the larger jury awards in a medical malpractice case in recent history. The jury returned its verdict Wednesday in Suffolk Superior Court.

Amesbury native Denyse Richter was a 39-year-old mother of three who wanted to have a fourth child when, in 2002, she saw Dr. Laurence Epstein, chief of the arrhythmia service at Brigham and Women's Hospital in Boston. Epstein was a noted specialist in a procedure that used radio frequency catheter ablations — using high-frequency radio waves to burn away abnormal cells that were causing the arrhythmia.

To read the entire article go to:

http://www.salemnews.com/punews/local_story_179230035.html

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Jury Awards $12 Million to Polk Couple in Malpractice Suit

Jury Awards $12 Million to Polk Couple in Malpractice Suit

Couple's Baby Died at Tampa General Hospital

Published: Friday, June 27, 2008 at 9:26 p.m. 
Last Modified: Friday, June 27, 2008 at 9:31 p.m.

TAMPA | A jury hearing a civil lawsuit against Tampa General Hospital awarded a $12 million judgment Friday to a Polk County couple whose premature baby died there after having been transferred from Winter Haven Hospital.

Parents Allyson Parham and Robert Gardner contended in their suit that TGH didn’t have the appropriate specialists on its staff to deal with their baby’s infection. The suit is one of at least nine with similar allegations filed by Tampa lawyer Harold Tripp Sebring.


To read the full article go to:http://www.theledger.com/article/20080627/NEWS/617208967/1410&title=Jury_Awards__12_Million_to_Polk_Couple_in_Malpractice_Suit

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ExxonMobil to pay $1M jury award to woman who chopped off fingers

ExxonMobil to pay $1M jury award to woman who chopped off fingers

6/26/2008 1:00 PM
By David Yates

Minutes before they began deliberating, plaintiff's attorney Brett Thomas told jurors that if they didn't award his client $3.7 million for inadvertently sticking her hand in a rotary feeder, ExxonMobil would throw a party.

Seemingly, jurors thought the oil company executives could party but on a smaller budget, awarding the plaintiff Vickie Hall $1 million for her self-mutilating injury. 

The week long trial of Hall vs. ExxonMobil began June 17 in Judge Gary Sanderson's 60th District Court, and concluded Wednesday, June 25. 

When a conveyor began spilling polyethyline pellets onto the floor, workers at ExxonMobil came up with modifications to the machine that solved the problem. But within hours, a contract worker had parts of her fingers sliced off while using the altered equipment. 

Jurors were asked to decide whether ExxonMobil negligently failed to place a guard over the rotary blade, or if Hall, who knew a spinning blade hovered only inches away from her hand, was solely responsible for her injury. 

To read the rest of the article go to:
http://www.setexasrecord.com/news/213526-exxonmobil-to-pay-1m-jury-award-to-woman-who-chopped-off-fingers

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$6 Million Awarded to Paralyzed Woman

Jury awards $6 million to woman paralyzed after receiving shots at area pain clinic

Posted by Shandra Martinez | The Grand Rapids Press June 08, 2008