Case Results Summaries
The case recoveries and results shown on the opening page of this website were achieved by various California law firms unrelated to Legion Counsel and were dependent on the facts of each case. The results will differ if based on different facts. No particular results can be guaranteed by any lawyer. The following is a summary of the facts of the cases portrayed: Failure to Diagnose
Facts: Plaintiff was a child under the care of the defendant
pediatricians, who saw the patient at least eleven times. The parents observed that their son stopped progressing neurologically and was having difficulty eating and with coordination. The defendants allegedly ignored the parents’ concerns and failed to refer the child to a specialist. A later scan showed a massive astrocytoma which had compressed the brain leading to an emergency operation. The defendants denied negligence and the parents’ report of complaining earlier. Some of their medical records were misplaced.
Plaintiff contended he had permanent brain damage.
Result: Settlement of $1,600,000.
Birth Injury
Facts: Just before birth there was apparent compression of the
umbilical cord cutting off the supply of oxygenated blood to the plaintiff baby. An emergency cesarean section was performed but excessive time passed between the first signs of distress and the delivery. It was contended that the doctor and nurses did not respond quickly enough by giving proper medication or moving the patient to the operating room. Also, it was alleged that the resuscitative efforts were substandard. Defendants contended that their actions were prompt and timely.
The baby suffered brain damage from birth asphyxia and developed cerebral palsy and developmental delay.
Result: Settlement of $3,450,000.
Dental Malpractice
Facts: Plaintiff visited defendant’s dental office for a teeth cleaning.
During a TMJ examination the plaintiff experienced a severe pain over his jaw joint. The procedure stopped and defendant made no effort to determine the problem. Plaintiff made another visit to defendant who observed that there might be a derangement of the disc. However, no recommendation was made for plaintiff to see a specialist. When he finally did, his injury had become more serious. Defendant contended that plaintiff had a preexisting problem and that plaintiff failed to seek timely preventive treatment.
Plaintiff claims that significant future dental bills will be required and his future earnings potential diminished due to continued chronic pain and inability to talk for extended periods.
Result: Verdict for $523,900.
Nursing Home Neglect
Facts: A 73-year -old patient entered defendant’s skilled nursing
facility after suffering a stroke. She was admitted with numerous medical ailments including partial paralysis and diabetes. She developed a coccyx pressure sore while in the facility. She was transferred to the hospital and the wound and blood were determined to be infected. She died several weeks later. Plaintiff contended that the fatal wound developed as a result of the neglect of the facility and its understaffing in failing to properly treat the open coccyx wound. Defendant contended that it had provided proper care.
Result: Verdict of $2,400,000
Kaiser Medical Malpractice
Facts: Plaintiff’s pregnant mother entered defendant’s hospital for
labor and recovery. She was put on Pitocin to induce labor. The baby began to become compromised due to lack of oxygen secondary to recurrent umbilical cord compression. Instead of shutting off the Pitocin and proceeding with a C-section in a timely manner, the defendants continued the drug, left the mother in the labor room and the baby decompensated and suffered severe and permanent brain damage. Defendants contended they acted responsibly and that even if they had not, the brain damage could not have been prevented.
Plaintiff suffered cerebral palsy, mental retardation and other permanent health problems.
Result: Arbitration award of $6,000,236.
HMO Manage Care Malpractice
Facts: Plaintiff underwent a gallbladder removal by a defendant HMO
physician. During the procedure her common bile duct was transected and additional procedures were administered without the knowledge of plaintiff. Years later, plaintiff alleged that she became aware of defendant’s negligence. Plaintiff claims that she will need future reconstructive surgery and possible liver transplants. Defendant claims that plaintiff knew earlier of the potential negligence and her action was barred by the statute of limitations.
Result: Settlement for $1,000,000
Doctor Negligence
Facts: Plaintiff was delivered by defendant doctor at defendant
hospital. Plaintiff contended that the doctor negligently allowed the patient to push through a prolonged second stage which resulted in the head becoming wedged into the pelvis. The efforts to deliver the baby resulted in a depressed skull fracture and hemorrhages. Plaintiff also contended that the nursing staff failed to keep the doctor properly informed which delayed the decision for a C-section. Defendants claimed that all care was within the standard.
The baby suffered a depressed skull fracture and subsequent speech and language problems.
Result: Settlement of $1,800,000.
Misdiagnosis
Facts: Plaintiff was diagnosed with breast cancer by a defendant
county hospital. Relying on this report, the defendant doctor recommended a modified radical mastectomy. After surgery, it was determined that the plaintiff did not have cancer and the surgery was unnecessary. The defendant surgeon contended that he had an absolute right to rely on the pathology report from the county.
The plaintiff had three reconstructive surgeries and the need for more surgery.
Result: Verdict for $1,500,000.
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