Medical Malpractice Cases

$2.75 million dollar recovery for pediatric surgical mistake

Our client was only four months old when he underwent a complicated operation to correct for a congenital condition called Hirschsprung’s disease. Patients who suffer from this condition lack nerve endings called ganglion cells in portions of the intestine, which tell the body to push material through the bowel. As a result, they face severe intestinal blockage.

The corrective surgery, transanal one-stage endorectal pull-through, is truly a feat of modern medicine and technology. It allows a physician to treat Hirschsprung’s disease by quite literally pulling the intestinal tract to find ganglion cells and connecting the functioning portion of the intestine to the anus.

Unfortunately, demonstrably negligent conduct on behalf of the young child’s physician effectively defeated the purpose of the operation. During surgery, the doctor pulled so much of the intestine from the child’s body that he was unable to replace it. As a result, this four-month-old boy, who also suffers from Down Syndrome, had to have his colon removed, and now has uncontrollable bowel movements which will likely last for the rest of his life.

Kolsby Gordon was able to work with the child’s distraught parents to craft a settlement that will be able to take care of his future medical needs for the rest of his life.

Patient who suffered nerve damage from faulty surgical device receives $7.5 million settlement

A young professional, running to catch a train, tripped and fell down a flight of concrete steps. As part of the treatment for her rotator cuff injury, she underwent an arthroscopic procedure involving an electrothermal heating probe.

As Kolsby Gordon lawyers later proved, the device had been repeatedly connected with causing nerve damage. The manufacturer was aware of the conditions that led to the nerve damage, and presentations had been made at top conferences about how to prevent it. Yet neither her surgeon nor the manufacturer took the steps necessary to prevent the nerve damage from occurring to her shoulder during the procedure.

The resulting damage was chronic and debilitating—afterwards she required long-term help with even basic chores, as well as around-the-clock opiates for pain management. Because of the negligence of the doctor and the manufacturer, her career was finished. Kolsby Gordon helped our client secure a significant settlement that covers future medical and living expenses as she moves forward with her life.

Seven-figure settlement for family of patient fatally injured by bowel complications.

A patient, who was a medical doctor by profession, was hospitalized and being treated for a medical condition unrelated to the bowel when he developed a bowel complication that necessitated a code call. Neither the bowel complication nor the code call was managed in accordance with appropriate standards of care, and as a result the patient died. On behalf of his surviving relatives, Kolsby Gordon attorneys negotiated a seven-figure settlement.

Patient experiences fatal cardiac arrest as the result of an improper treatment.

A 51-year-old man with known heart trouble—including occlusion of vital arteries—was under the care of several doctors when he complained repeatedly of chest pain including, at times, extreme pain. In such a patient, appropriate care would have included diagnostic studies to determine the function of his heart.

Despite his recurring pain over an extended period, the appropriate tests were not done, and eventually the patient died of cardiac arrest. Kolsby Gordon attorneys achieved a seven-figure settlement for his family.

Physician fails to diagnose child’s dislocated hip, resulting in repeated surgical repairs.

For more than a year, a pediatrician failed to diagnose a young child’s dislocated hip. Had it been caught earlier, it almost certainly could have been treated with lasting results. Instead, the toddler endured repeated surgeries, splints, and procedures, with no guarantee of long-term success.

Seven-figure settlement for man who suffered catastrophic brain injury.

While undergoing an elective operation, an otherwise healthy man was lightly sedated. The pharmaceuticals used for sedation stopped his breathing, and the staff in charge of monitoring him did not notice this, during which time he suffered irreparable, devastating brain damage. He is now confined to an electric wheelchair and is dependent on around-the-clock caregivers to help him with even the simplest tasks.

Failure to diagnose and treat cardiac disease leads to seven-figure settlement.

When health care professionals failed to react within the accepted standards of medical care to signs of a patient’s cardiac disease, the result was the patient’s needlessly premature death.

Seven-figure settlement for failure to monitor patient’s vital signs.

During what is normally a straightforward operation—a cystoscopy—the medical team failed to properly monitor the patient’s vital signs. Convulsions, cardiac arrest, and death were the tragic result.

Family of man who died of undiagnosed arrhythmia receives seven-figure verdict.

A man visited his doctor complaining of heart palpitations, chest pressure, and indigestion. The doctor told him he had drunk too much caffeine and investigated the man’s complaints no further. A few months later, the man died of undiagnosed arrhythmia, leaving behind his wife and children.

Seven-figure verdict for patient whose arm was permanently disabled in hospital.

While in the care of a rehabilitation hospital, a quadriplegic attorney was turned in a such way that the maneuver broke his right arm, causing irreparable disability to the arm he relied on to operate a keyboard, feed himself, and work.

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