Medical Malpractice Case Results

Birth Injury

$1.7 Million Settlement. Deborah Dodge and David Ansley represented a child who was born not breathing and without a pulse. The child was revived after 32 minutes of his life. The child suffered from a skull fracture and was diagnosed with hypoxic ischemic encephalopathy. He currently has severe left-sided weakness, walks with a severe limp, and suffers from a seizure disorder.

Ben Stringer represented a young girl who suffered a severe nerve injury during birth when the obstetrician delivering her pulled too hard on her head/neck. This kind of injury, involving the "brachial plexus," caused the child lose use of one arm and resulted in permanent disfigurement of the arm.

Infant Death

$160,000 Settlement. Deborah Dodge represented a mother regarding the death of her three-month-old daughter who died from respiratory failure. The emergency room doctor discharged the child to home and misread the chest x-ray as normal. The child had been brought to the hospital because she had stopped breathing. The x-rays revealed extensive pneumonia in the infant's right lung.

Confidential Settlement. David Ansley represented the mother of a 2 year old child who suffered from hydrocephalus. The shunt system that was placed to manage this condition had to be replaced due to an infection within the tubing. After surgery, the drainage tube was left in a "closed" position causing infected fluid to back up the tube and into the brain, causing the death of the child.

Surgery

Confidential Settlement. David Ansley and Steve Blair represented a 28-year-old female who underwent anal surgery to address a simple ulcer located at or near the anal opening. During the surgery, the surgeon severed both the external and internal sphincter muscles resulting in incontinence. While reconstructive surgery improved the patient's condition, she continues to experience incontinence. The surgeon settled all claims for a confidential amount.

Confidential Settlement. David Ansley and Adam Pihana represented a 53-year-old female who underwent surgery to remove a cyst that developed behind her right knee. During the surgery, the orthopedic surgeon severed the popliteal artery, which is the main artery that provides blood flow to the lower leg and foot. A vascular surgeon was asked to repair the injury to the artery but his repair was negligent. Because of this negligent repair, the client underwent a bypass surgery to bypass the original injury site. However, that surgery became infected. Because of the infection, she has undergone three additional surgeries, including yet another bypass. The patient continues to suffer leg pain, swelling and her chances at undergoing knee replacement to address preexisting arthritis is severely compromised.

$450,000 Settlement. Deborah Dodge and Adam Pihana represented a 50-year-old woman who had surgery to address her hiatal hernia. In performing surgery, the doctor used tacks to secure mesh to the diaphragm that punctured the woman's heart sac (pericardium). Hours later, the woman became unstable. Emergency surgery was performed to address her heart condition. During the surgery, the woman's liver bled uncontrollably. Eventually, the woman was stabilized, was placed on a ventilator and received dialysis. Because of the condition created by the inappropriately placed tack, the woman suffered from repeat surgeries to address her hiatal hernia and scar tissue to her lungs causing development of chronic obstructive pulmonary disease that limits her ability to engage in daily living activities. Settlement was obtained against the doctor who performed the initial surgery.

$ 752,500 Verdict. David Ansley and Adam Pihana represented a husband in a wrongful death case involving his wife who underwent colon surgery, which was recommended because of suspected colon cancer. It turns out she did not have cancer. As she was recovering from surgery, she developed a serious infection that went undiagnosed for 3 days, which led to her death.

Confidential Amount. David Ansley represented the family of a business man who underwent surgery to address potential colon cancer. During the surgery, the surgeon cut the mesenteric artery resulting in significant blood loss. Efforts to resuscitate the patient were deemed inadequate. The suit was settled because of the negligence of both the surgeon and the anesthesiologist.

$487,500 Settlement. Ben Stringer represented a woman who underwent shoulder surgery, during which the surgeon removed too much bone from her clavicle. The injury resulted in chronic pain and disability in the woman's shoulder and arm.

$790,000 Settlement. Deborah Dodge represented the family of a man in a wrongful death case. The man went to the hospital and was admitted with a diagnosis of intestinal obstruction. The surgeon diagnosed the patient's condition as Crohn's Disease and informed the patient he would need to change his diet. The doctor failed to diagnose the man's condition as ischemic bowel, requiring immediate surgery. Three days later the man died at another hospital from ischemic bowel.

Ben Stringer represented the daughter of a woman who passed away following a bariatric surgical procedure. Mr. Stringer argued, on behalf of the daughter, that the attending surgeon failed to diagnosis a small bowel leak in the post-operative period, which resulted in small bowel content leaking into the woman's abdomen, causing her to become ill and ultimately pass away.

$900,000 Settlement. David Ansley and Deborah Dodge represented a man who underwent lumbar surgery to alleviate symptoms of spondylolisthesis. The surgery involved an attempted back fusion. The fusion failed. After the surgery, the man underwent four additional surgeries within a nine month time frame, all of which were performed by the same doctor. After the fourth surgery, the man was unable to walk.

$500,000 Settlement. David Ansley & Deborah Dodge represented a woman who underwent tarsal tunnel release procedures on both feet. During those surgeries, the doctor negligently cut the calcaneal nerves in both feet.

$75,000 Settlement. Debbie Dodge represented a 68-year-old man who was to undergo surgery to his left great toe. The orthopedic surgeon and hospital failed to identify the correct toe and operated on the wrong great toe, causing superficial nerve damage.

$215,000 Settlement. Deborah Dodge represented a 32-year-old man who suffered from a kidney stone. The defendant surgeon recommended that he retrieve the stone and thereafter place a stent in the plaintiff's ureter. The doctor lost the stent and made several attempts at retrieving the stint, causing a portion of the ureter to die. The man had to have reconstructive surgery and continues to suffer from ongoing pain.

Ben Stringer represented the family of a man who passed away as a result of his common bile duct being cut during a gallbladder removal surgery. Mr. Stringer argued on behalf of the family that the surgeon had mistakenly cut the bile duct and failed to timely diagnosis the condition, which contributed to cause the man's death.

$650,000 Settlement. David Ansley represented a 36-year-old nurse who underwent "tennis elbow" surgery to her right arm. During the surgery, the defendant cut the motor branch of the radial nerve resulting in significant loss of function in her dominant right arm.

Ben Stringer represented a five year old boy who suffered the loss of most of his small intestine resulting from the alleged failure to timely diagnosis an obstruction which cut off his blood supply. The child underwent extensive surgeries all over the country and ultimately received a small bowel transportation.

Cancer

$775,000 Verdict. David Ansley and Ben Stringer represented a man whose doctors failed to diagnose prostate cancer. The man's doctor failed to inform him of the existence of PSA testing. Several years later the man was referred to another physician who ordered a PSA test. This blood test revealed prostate cancer that had spread beyond the prostate gland. He was immediately referred to a urologist within the clinic, who informed him it was too late to treat the cancer. The plaintiff traveled to the Mayo Clinic for a second opinion, where he underwent a radical prostatectomy.

$330,000 Settlement. David Ansley and Deborah Dodge represented a woman who suffered from a delay in diagnosis of breast cancer. The woman went to a family practitioner, and the doctor recognized a lump in the breast measuring 2 cm and referred the woman for a mammogram. The mammogram was read as normal. Ten months later, the woman was diagnosed with breast cancer with lymph node involvement.

Confidential Settlement. Deborah Dodge and David Ansley represented a woman whose family practitioner, despite a palpable lump, did not recommend further follow-up treatment. Due to a 12-month delay in diagnosis, she was diagnosed with breast cancer with lymph node involvement.

$800,000 Verdict. David Ansley and Ben Stringer represented a man who suffered a sore on the inside of his cheek. His oral surgeon diagnosed the lesion to be benign when in fact it was Stage I cancer. By the time it was diagnosed, the cancer had progressed to Stage III, requiring an 18-hour surgery to remove his cheek, all of his teeth and lymph nodes with reconstructive surgery.

$662,000 Verdict. David Ansley represented a 63-year-old woman whose anal cancer was misdiagnosed as hemorrhoids. She and her husband brought suit, alleging the delay in diagnosis reduced her chance of surviving the disease.

Confidential Settlement. David Ansley represented a 55-year-old man whose kidney cancer was misdiagnosed as anemia. By the time the cancer was diagnosed, it had progressed from Stage I to Stage III.

Confidential Settlement. David Ansley represented a 38-year-old woman whose breast cancer was misdiagnosed as fibrocystic disease, despite the surgeon's failure to obtain a biopsy.

$310,000 Settlement. David Ansley represented the family of a 63-year-old man who died of multiple myeloma, a form of bone cancer. Two and a half years before his death, he was diagnosed with osteoporosis despite medical tests consistent with multiple myeloma. These test results went unnoticed until the patient fell, breaking new bones. Similar diagnostic tests were repeated and correctly interpreted by a new physician. The correct diagnosis was made too late for effective therapeutic treatment.

Cardiology & Heart Medicine

Confidential Settlement. David Ansley represented a widow and two minor children of a man who died at the age of 33. He went to his primary care doctor complaining of chest pains. The doctor negligently concluded that his complaints were a result of anxiety and discharged him. Unfortunately, the man died 19 days later of a heart condition that would have been treatable if correctly diagnosed initially.

$1 Million Dollar Verdict. David Ansley and Deborah Dodge represented a woman who was having an allergic reaction to the administration of heparin while in the hospital. The doctor managing her care did not discontinue the heparin, or request a hematological consult. As a result, the plaintiff suffered a debilitating stroke.

Ben Stringer represented a man who experienced a heart attack immediately following back surgery. Mr. Stringer argued, on behalf of this gentleman, that his surgeon and anesthesiologist had failed to obtain a proper cardiac evaluation prior to surgery which was warranted as a result of the man's significant pre-existing heart problems.

Radiology

$125,000 Settlement. Ben Stringer represented a woman who underwent an ultrasound-guided liver biopsy, and during the procedure she experienced severe abdominal pain because the radiologist perforated the hepatic duct. The woman developed an abscess, severe bleeding and nearly died.

Family Medicine

$500,000 Settlement. David Ansley represented a middle-aged man whose heart symptoms of extreme fatigue, sweating and pain were misdiagnosed as "Rabbit Fever." Before a correct diagnosis was made, the client suffered a heart attack, resulting in permanent heart damage as well as requiring the placement of a pacemaker.

$292,000 Settlement. Debbie Dodge represented a wife and adult children involving the wrongful death of their elderly husband and father. The action was against a family physician that diagnosed the man as suffering from renal insufficiency, but failed to monitor the status of his kidney insufficiency. Unfortunately, he died from acute kidney failure that was diagnosed as enteritis.

Ben Stringer represented a young woman who allegedly suffered an involuntary movement disorder (i.e. tardive dyskinesia) as a result of taking a drug prescribed for her use. Mr. Stringer argued on behalf of his client that the young woman's physician had failed to properly manage and monitor her use of the drug as she was experiencing side effects which led to a permanent movement disorder.

Infection

Confidential Settlement. David Ansley represented an elderly man who lost his eyesight due to an untreated infection following cataract surgery. The symptoms of infection were ignored until it was too late. The case was settled against both the ophthalmologist and optometrist.

Emergency Medicine

$750,000 Verdict. David Ansley and Ben Stringer represented a 49-year-old woman who went to the ER with symptoms of transient ischemic attack (TIA). Her impending stroke was misdiagnosed as anxiety and she was discharged. She suffered a stroke the following day.

1.5 Million Settlement. Debbie Dodge and Ben Stringer represented a woman who went to the Emergency Room with weakness and numbness in her legs. Her symptoms worsened in the ER. A neurosurgeon was contacted, but he did not come and examine the patient until the following day. Once admitted to the hospital, the woman was unable to move or feel her legs. However, no doctors were contacted. After doctors examined the patient late the following morning, she was diagnosed with cauda equina syndrome and was rushed for emergency surgery. She did not regain feeling or movement in her legs.

$100,000 Verdict. David Ansley represented a man who went to a local ER with flu-like symptoms including diarrhea. The ER doctor ordered a stool sample based on a history of antibiotic-induced diarrhea. The pathologist determined that he suffered from clostridium difficile. While the ER had access to these lab results, the diagnosis was not communicated to either the patient or his family physician. As a result, the man had a perforated colon requiring surgery and removal of a portion of his colon.

$1,635,000 Verdict. Ben Stringer and Steven Blair represented the wife, children and parents of a 24-year-old man who died in his sleep from an accidental drug overdose. The young man sought treatment at a local emergency room within the hours before his death, but was discharged and sent home less than 30 minutes after arriving. The jury returned a $1,635,000 verdict against the emergency room doctor responsible for caring for the young man at the hospital.

Confidential Settlement. David Ansley represented a 33-year-old woman whose signs and symptoms of stroke were misdiagnosed as nausea and dehydration. Settlement was obtained against the ER physicians who misdiagnosed the illness. The correct diagnosis was made by the start of the trial, but it was too late to reverse the effects of the stroke.

Physical Therapy

$650,000 Settlement. David Ansley represented a 63-year-old male who sued his physical therapy group after hurting his back in an accident during therapy. The plaintiff was placed on a sliding traction table that gave way in the middle when he attempted to get off of it. The man suffered from a herniated disk and later developed a methicillin resistant staph infection as a result of back surgery.

Ben Stringer represented a woman who was injured while undergoing traction therapy by a physical therapist. The woman argued the traction table suddenly and unexpectedly released traction resulting in a severe low back injury that required surgical correction.

Nursing

Confidential Settlement. David Ansley represented the parents of their adult daughter who suffered from Down's syndrome and underwent a simple surgical procedure. While in the recovery room, the daughter's blood pressure became critically low, and the nurses did nothing to treat it. Furthermore, they did not contact a doctor regarding the change in blood pressure. A blood test also revealed critically low levels of red blood cells, indicating internal bleeding. Five hours later, the daughter underwent emergency surgery. She lost approximately 3 liters of blood and died six days later as a result of the brain damage she suffered due to her critical condition that went untreated in the recovery room.

$250,000 Settlement. Debbie Dodge represented a 62-year-old woman who went to the hospital with signs of stroke. The woman was a candidate for the use of tPA (a clot-busting drug). She was admitted for observation. She then again exhibited signs and symptoms of stroke. The admitting doctor was not notified in a timely manner. Instead of contacting the doctor of the woman's change in condition, the nurse started the patient on IV heparin, which precluded her from getting tPA treatment.

Ben Stringer and Tim Ricker represented a woman who was knocked to the ground in the nursing attendant, causing her to break her pelvis.

$125,000 Settlement. Ben Stringer represented a resident of a Southwest Missouri nursing home after she fell and broke her hip as a result of inadequate care and supervision.

Confidential Settlement. David Ansley represented the mother of a 38-year-old woman who suffered from a bipolar condition. The patient was placed in a nursing home so her medications could be monitored. The patient became over-medicated, developed Neuroleptic malignant syndrome due to overmedication and died. The doctor prescribing the medication was not notified of significant symptom changes until it was too late to revive the patient.

Failure to Diagnose

$400,000 Settlement. Ben Stringer represented a woman who suffered an internal injury during surgery. The injury allowed the woman's intestinal contents to leak into her abdomen, which resulted in an infection that traveled into the woman's blood stream. The infection became life threatening and resulted in a hospital stay of more than a month. The client suffered chronic fatigue, memory loss and muscle atrophy and weakness.

Confidential Settlement. David Ansley successfully represented a couple whose 9-year-old son died on Christmas Eve because health care providers misdiagnosed the boy's condition as precocious puberty as opposed to adrenal gland cancer.

$460,000 Settlement. Ben Stringer represented a woman whose health care providers failed to diagnose and treat her developing kidney failure. The patient and her medical experts claimed the failure to treat her kidneys allowed her disease to develop rapidly, eliminating hopes of any treatment to slow down her kidney failure.

Wrongful Death

$1 Million Dollar Settlement. David Ansley represented the widow and minor children of a 31-year-old man who was hospitalized for kidney stones. While hospitalized, the patient developed a perforated intestine due to underlying diverticulitis. This condition went untreated for three to four days, despite x-rays demonstrating air within the abdominal cavity. By the time the perforated bowel condition was diagnosed, the patient was gravely ill. As a result of his massive abdominal infection, the patient died.

Confidential Settlement. David Ansley represented the surviving spouse and minor children of a 33-year-old woman who was admitted to the hospital with extreme abdominal pain. She was diagnosed with constipation, when in fact she suffered a twisted bowel. By the time a surgeon was consulted and made the diagnosis, her condition was irreversible and she died of dead bowel.

**Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.