Medical Malpractice Cases

Failed diagnosis of impending stroke in teen leads to seven-figure verdict.

A 16-year-old girl displayed signs that pointed to a likely stroke, yet her doctor failed, despite years of complaints and a medical history consistent with an extremely high stroke risk, to refer her to a neurologist. As a result, she suffered a stroke, as well as permanent mental deterioration and emotional problems.

Six-figure settlement after faulty surgical tool leads to infection and death.

A bronchoscope that was used in a lung transplant patient was defective in such a way that it resulted in a fatal infection.

Kolsby Gordon represents numerous plaintiffs in Dow Corning breast implant cases.

Dow Corning breast implants were initially sold as safe and non-reactive with human tissue, but were shown to leak, tear, and interact with human tissue in a way that caused an array of illnesses. Kolsby Gordon litigated on behalf of several clients to secure exceptional case victories.

Kolsby Gordon represents numerous plaintiffs in Dalkon Shield cases.

The Dalkon Shield IUD was sold as birth control in the early 1970s. It was later found that the contraceptive device caused miscarriages, infertility, and severe damage to female organs. Kolsby Gordon attorneys achieved strong results for several clients in these cases.

Seven-figure settlement for failure to screen for fatal colon cancer.

The standard of care dictates annual screenings for colon cancer after age 50. When our client’s husband turned 50, he saw his primary care physician and a specialist approximately every six months for more than three years, yet was never screened for colon cancer. When he was 53, he complained to his doctor of rectal bleeding and was later diagnosed with inoperable colon cancer that had metastasized to his liver and lungs. He died at age 54, after chemotherapy and experimental treatments failed. Had the cancer been caught earlier through appropriate annual screenings, in all likelihood, he would still be alive today.

Breast cancer tumor discovered in annual mammogram goes undiagnosed.

In her annual mammogram, our client was diagnosed with breast cancer that had aggressively metastasized, requiring difficult surgery, chemotherapy, and radiation. Her radiologist later admitted that the tumor had in fact been present a year earlier, but had not been properly diagnosed. The intervening year had reduced the patient’s five-year life expectancy by 65% and caused her significant pain and anxiety.

Surgical error causes massive internal bleeding and permanent nerve damage to patient.

A 40-year-old man underwent cardiac catheterization through the femoral artery. Unknowingly, the doctor pierced the artery and, throughout the night, the nursing staff was calling the doctor at home reporting various signs and symptoms of internal bleeding. The doctor took no action.

In the morning, a nurse reported the problem to the department head, who ordered a CT Scan which showed massive internal bleeding. Because the hematoma was permitted to grow to such a large size, it placed pressure on a nerve, which caused permanent nerve damage to the patient’s leg.

The physician had an insurance policy of $1 million dollars and the attorneys at Kolsby Gordon successfully obtained the entire amount for their client.

Fatal spinal cord surgery results in $2.7 million settlement for patient’s family.

A 19-year-old woman was undergoing non-urgent spinal surgery. Her surgeon scheduled the procedure during the same period of time he was performing another spine surgery, as he believed he could go back and forth between operating rooms. When a complication arose during the other operation, he stayed with that operation even though our client’s surgery had already begun. Sadly, our client began to bleed out and the residents that remained in the room could neither stop it nor transfuse a sufficient amount of blood to restore the amount she lost. Our client bled to death on the operating room table.

Under PA law, the only damages recoverable from this horrible accident were her future lost earnings, which were approximately $1.5 million. Attorneys Allan Gordon, Mitchell Shore and Robert Hunn made it clear that this would be an insufficient settlement in light of the horrific conduct of the surgeon. At trial, the defendants ultimately settled the case at the end of the first day in court.

Cancer misdiagnosis results in $3 million recovery.

A delay in the timely diagnosis of lung cancer allowed the disease to spread throughout the patient’s body. By the time the cancer was properly diagnosed, treatment was ineffective and the patient died.

Patient receives inappropriate antibiotic, resulting in death.

A 49-year-old man went to the emergency room with chest pain. At his arrival, he had a fever and blood cultures were taken. The man was discharged from the emergency room before the blood culture results came back. The next day, the results were positive for an infection in his blood, but no action was taken. Two more days passed and the man was hospitalized with pneumonia, but no one looked up the blood culture results and he was put on the wrong antibiotic for his infection. By the time the mistake was recognized it was too late—the man went into septic shock, and ultimately died. Kolsby Gordon helped his family attain a recovery of $3.25 million.