Our Victories

Vaccine Leads to Paralysis/Quadriplegia

It is believed that this case is the single largest recovery for an individual for a vaccine injury in the United States. The case arises from a devastating adverse reaction to the measles, mumps & rubella (MMR) vaccine administered at a local pediatric clinic in Kansas City, Missouri To the then one (1) year old child.

Vaccine Leads to Cardiac/Respiratory Arrest & Brain Damage

This case arises out of a devastating adverse reaction by a Missouri resident to the tetanus, diphtheria, pertussis (Tdap) vaccine. This vaccine had been administered to the then fifty-eight (58) year old financial planner who had formerly served as mayor of the small community where she lived. The plaintiff sustained encephalopathy and profound, irreversible brain injury.

Workers' Compensation

$7.25 million was awarded to the family of a twenty-five-year-old worker who fell to his death from a high rise building. The young man left behind a wife and three daughters. The worker was untrained and inexperienced and was in his first hour on the job when he was caused to fall to his death. This case was litigated in Jackson County.

Breach of Policy Coverage/Bad Faith Claim

Truck-Car Fatality Collision

The insurance company for the truck driver and trucking company defendants initially offered $375,000 to settle this case. After we filed suit and took depositions of the truck driver and the President of the trucking company and its Safety Director, the defendants requested a mediation that accomplished a settlement in the sum of $5,000,000. Missouri Lawyers Weekly cited this case as the 5^th largest settlement in the state of Missouri in 2008.

Head-On Collision

Our client sustained multiple, serious injuries from a head-on collision that happened on the highway in Southeast Kansas. We settled this case without needing to file suit after we obtained a life care plan from a certified life care planner who itemized and priced all of the future care needs of the client.

Elective Surgery Fraud/Malpractice

A local Kansas City surgeon committed fraud when he advertised on the local television station that he was performing a new and improved elective surgery procedure right here in the Kansas City area that would change his patients’ lives forever. Previously this new and revolutionary elective procedure was only being performed in locations distant from Kansas City.

On the morning following the news segment, the surgeon’s phone was ringing off the hook as countless patients in the Kansas City area called into his office as soon as they could because they were so excited about the new wonderful procedure. The surgeon received so many calls after his airing on the local news that his elective surgery practice quadrupled within one week.

The horrible truth was that this surgeon was not performing the new procedure he promised and never had any training or experience at all in the new and revolutionary surgery he advertised. Instead this surgeon was performing a dangerous and unrecognized variation of a much older and abandoned elective surgery procedure upon his patients.

Dempsey and Kingsland, P.C. represented several Plaintiffs who were repeatedly hospitalized and were permanently damaged as a result of this surgeon’s fraudulent conduct. The team at Dempsey and Kingsland, P.C. did a thorough investigation into these patients injuries and discovered this surgeon’s fraud; the fact that he was not performing the surgery that he represented to his patients on the local news and then again misrepresented to his patients in consultations causing their catastrophic injuries. Lawyers active in preparation of the case were Leland Dempsey. (Details of combined settlements confidential).

Bariatric Surgeries

Several patients underwent what they believed was a new type of bariatric surgery previously available only in distant locations and at great cost. But, instead the surgery offered was an old and relatively dated surgery seldom offered due to a variety of reasons. This group of plaintiffs suffered an array of surgical complications in the months and years following their surgeries. Cumulatively, these cases settled at $2.3 million. All were litigated in the conservative jurisdiction of Johnson County, Kansas.

Worker Crushed by Forklift at Industrial Plant

A middle aged worker was horribly crushed by a forklift while visiting an industrial plant. His orthopedic fractures were magnified by terrible internal injuries.

Vaccine Leads to Spinal Injury

A Kansas City area resident was awarded $1.83 million after she developed transverse myelitis within 24 hours of receiving a flu vaccine. The patient lived and worked with her husband in good health until she received a flu shot at her annual physical exam. The following morning, she experienced severe sensory loss and numbness in both legs and feet. Her husband rushed her to the hospital where doctors diagnosed her with transverse myelitis – a neurological disorder caused by inflammation of a segment of the spinal cord.

The Defendant’s expert contended that the numbness R.M. experienced in her lower extremities was due to a spinal cord infarct and could not have been caused by her flu vaccine. Defendant’s expert relied heavily on medical literature demonstrating that the typical onset window for transverse myelitis is five to 42 days after administration of a flu vaccine. After hearing testimony from Plaintiff’s causation expert, the court agreed with Plaintiff that, although rare, the onset of transverse myelitis can occur within 24 hours. After testimony that the Plaintiff had never experienced any symptoms of numbness, the court found that the flu vaccine was the likely cause of her injury.

With causation resolved in favor of the Plaintiff, both parties where able to agree on a life care plan upon which the $1.83 million dollar settlement was based on. The settlement takes into account the fact that the patient had experience a limited partial recovery, but still suffers numbness, lacks stamina, and will likely never be able to resume her previous physical activities.

Vaccine/Neurological Disorder Case

A 60 year old Cass County woman was awarded $1.83 million after she developed a rare neurological disorder resulting from an adverse reaction to the influenza vaccine. She received the vaccine as part of a routine doctor’s visit on November 10, 2005. The following morning she experienced numbness in her legs and feet and was later diagnosed with transverse myelitis, a spinal cord inflammation that attacks the protective substance covering nerve cell fibers.

She filed a claim under the National Vaccine Injury Compensation Act. The parties litigated over damages with the court finally entering a judgment approving a lump sum payment of $1.02 million and additional payments of roughly $878 thousand over the course of the woman’s lifetime. The woman who lived on a ranch and cared for horses continues to experience pain, fatigue, a loss of stamina and episodic numbness.

Patient Put in Wrong Type of Bed

A $1.75 million settlement was reached for a patient who, following a head injury, was put in an enclosure bed in lieu of restraints. This is not the correct use of such a bed for anyone other than a small child or elderly immobile type patient. This strong younger man stood up and violently fell out of the bed during delirium causing a horrific brain injury. A $1.75 million settlement was reached.

Fall at Hospital Leads to Brain Damage

A 48-year-old Missouri man received a $1.75 million settlement after falling out of an enclosed bed in February 2007. The man was in the hospital being treated for a traumatic brain injury following a car accident. He was confused and combative due to his injuries leading hospital workers to improperly restrain the patient in an enclosed bed.

The bed contained written warnings to not use with combative patients and the in-service training at the hospital explicitly warned against using the bed in this manner. Hospital workers neglected to properly secure the zipper and when the patient tried to climb out of bed he fell headfirst onto the floor.

The patient suffered a severe skull fracture, two frontal lobe subdural hematomas and a midline shift caused by cerebral swelling. He was 42 at the time of the fall and suffers permanent loss of executive function and inhibition and can no longer work as a construction contractor.

Medication Error at Hospital Results in Brain Injury

This case was cited by Missouri Lawyers Weekly as one of the largest medical malpractice settlements in the State of Missouri during calendar year 2016. The case settled as the result of the combined efforts of our medical team along with expert witnesses and lay witnesses that we identified through our investigation. In building the case, we gathered and summarized all of the applicable medical records, conducted extensive medical research and consulted with our team of medical professionals to ensure that we had command of the medicine at issue. We also conducted extensive investigation that included interviews to identify all individuals who could testify about the client’s pre-incident baseline health status and her post-incident decline.

Head-On Collision

We represented a mother and daughter who sustained multiple serious injuries in a head-on collision that happened on a neighborhood street in a Kansas City, Missouri suburb. We settled this case without the necessity of filing a suit. Two insurance companies paid the full policy limits of their coverage to resolve this matter.

Failure to Diagnose Cancer Results in Death

In this case, a patient undergoes a routine pap smear. The pathology lab then reported her results as normal, but they were not. In fact, they clearly showed cancer cells. Over a year went by during which the patient’s cancer spread and eventually took the life of this wonderful woman. Of course, in the meantime, all of us here at Dempsey & Kingsland got to know her and her fine husband. It was a dark day when she passed away. During litigation, but following her death, a settlement was reached for $1 million.

Failure to Diagnose Spinal Epidural Abscess

Our medical team was instrumental in helping us achieve a settlement in one of the most complex cases that our firm has ever litigated. Our client was a sixty-year-old male who was rendered paraplegic because of a late diagnosis of the spinal epidural abscess (SEA). We obtained damages recovery from five board-certified physicians who practiced in four separate medical specialties (hospital medicine, internal medicine, rheumatology and orthopedic surgery) to conclude the settlement. SEA is a rare diagnosis seen only in one in ten thousand hospital admissions. It constitutes a neurosurgical emergency. Time is of the essence and prompt treatment makes the difference between paralysis and full recovery. The challenge in the case was to convincingly show that five highly-qualified physicians were negligent in failing to make this rare diagnosis.

Our theme in the case centered on the idea that the diagnosis would have been made if not for the failures of the five defendant physicians who neglected to properly work up the patient. That the diagnosis was capable of being timely made was dramatically illustrated by one of the defendant physicians who had, in fact, performed a proper workup of the patient and made the diagnosis before the patient had sustained any neurologic injury. This physician properly observed that the client was exhibiting the hallmark signs and symptoms of SEA – including severe, intractable back pain, fever, and chills. Elevated C-reactive protein and an elevated sedimentation rate can also be seen with SEA. MRI of the spine can be used to confirm the diagnosis. This physician, a specialist, failed to arrange for immediate surgery. Instead, the physician-specialist sent a report to the client’s primary care physician that was lost on the PCP’s desk. The opportunity to successfully manage the SEA through immediate surgery and the use of IV antibiotics was then lost.

Tractor-Trailer Driver Dies in Collision

In this case, the policy limits of $1 million were paid over to the wife and family of a tractor-trailer driver who died in a collision with yet another over-the-road driver. Although the collision occurred in Texas, the recovery was achieved in Missouri.

Surgery Caused Perforated Bowel

The plaintiff, a retired but active male, underwent a laparoscopic gall bladder removal. During this surgical procedure, the defendant general surgeon inadvertently perforated the plaintiff’s bowel, and the perforation went undetected. During the twelve-hour period that followed surgery, the plaintiff went into a precipitous decline. The plaintiff experienced a distended abdomen, worrisome fever and abnormally high respiration and heart rates. He also experienced severe pain that required repeated doses of morphine.

READ MORE

Spine Injury from Improper Positioning on Radiology Table Plaintiff, a 59-year-old male, sustained a spinal cord injury in the lower thoracic spine when hospital radiology techs attempted to straighten Plaintiff’s spine while he was lying on a radiology table in connection with the taking of cervical spine x-rays. The plaintiff previously had been diagnosed with severe osteoporosis of the spine. He also had been diagnosed previously with ankylosing spondylitis, a rheumatologic disease that causes a hollowing of the spine together with hardening of the outer shell of the spine, a so-called bambooing effect. Before his spinal cord injury Plaintiff had a long history of spine problems from the above diagnoses. He had lost a total of 13 inches of height over a 10 year period and he had developed a substantial “humpback condition.” The plaintiff had been advised to retire on disability at age 58 from his manual labor job. The defendant’s hospital personnel, including all radiology techs who participated in the plaintiff’s care, denied any improper handling of Plaintiff in sworn deposition testimony. The Defendant hospital’s policies and procedures called for the preparation of an incident report in the event of a sentinel event. No incident report was prepared and the Plaintiff’s hospital chart failed to offer any explanation of the plaintiff’s spinal cord injury. Plaintiff’s chart confirmed that he walked into the Defendant’s hospital and that his spinal cord compromise occurred during his stay at the Defendant’s hospital. The case settled shortly before trial for $850,000.

Complications from Gall Bladder Surgery

The client, a retired but active male, underwent a laparoscopic gallbladder removal. During this surgical procedure, the defendant general surgeon inadvertently perforated the client’s bowel, and the perforation went undetected. During the twelve-hour period that followed surgery, the client went into a precipitous decline. The client experienced a distended abdomen, worrisome fever and abnormally high respiration and heart rates. He also experienced severe pain that required repeated doses of morphine.

READ MORE

Displacement of Spinal Fracture Resulting in Paraplegia

Our client had recently retired from a blue collar job due to structural vulnerability in his spine caused by severe osteoporosis and severe ankylosing spondylitis. These diagnoses had caused the client’s spine to become brittle and prone to fracture and to degenerate such that he had developed a massive humpback. He suddenly experienced severe mid-back pain during a coughing spell and sought treatment.

READ MORE

Spinal Injury E. G. T. v Medical Center ($750,000 Settlement). Client sustained a serious spine injury when he was improperly positioned on a radiology table by hospital employees in connection with cervical spine x-rays.

Motorcycle Injuries

Our client, a 27 year old male, sustained multiple injuries when an oncoming passenger vehicle made a left turn into his path. Plaintiff’s motorcycle crashed into the side of Defendant’s passenger vehicle. Plaintiff was hospitalized, underwent surgery and required physical therapy.

Suit was filed but the case was settled before trial for $750,000.

Truck Forces Passenger Vehicle Off Roadway

Our client, a 30 year old female, sustained a herniated lumbar disk when her passenger vehicle was forced to leave the roadway by an eighteen wheel truck that was changing lanes. In the incident, the client’ss vehicle turned end over end in a field adjoining the highway before coming to rest. Thereafter, Plaintiff underwent lumbar surgery. The trucking company contended that Plaintiff’s lumbar complaints stemmed from a previous injury. In addition, the trucking company contended that its driver was not able to see the client’s car during the lane change because the client’s car was in a “blind spot.” At our request, the defendant trucking company produced the subject truck for inspection. We were able to document that the truck’s side mirrors when properly positioned eliminated the possibility of any blind spots on the passenger side of the truck. In addition, the truck driver admitted that she did not see the plaintiff’s car because a safety window located on the front passenger side of the truck was blocked by a clip board that she had placed in front of it.

The case settled on the eve of trial for $600,000.

Child Abused at Daycare, Psychological Injury

Dempsey and Kingsland represented a young child and his parents in a case arising out of alleged child abuse perpetrated on a then two-year-old child at an area daycare. The child, who today has no memory of the abuse, was eventually diagnosed with post-traumatic stress disorder. He has received comprehensive psychological care which began soon after the abuse came to light. The daycare denied any wrongdoing.

Client Died After Wrong Medication Was Prescribed

An 84-year-old patient developed pustular lesions on his face and died after a Veterans Affairs hospital in Kansas City treated him with a drug he was allergic to. The suit was litigated in federal court by and alleged that staff at the VA Medical Center on Linwood Boulevard caused the patient’s death by giving him Ceftriaxone, and the death could easily have been prevented.

READ MORE

Pick- Up Truck Hits Passenger Vehicle

Our clients, husband and wife both in their sixties, were driving on a gravel rural road on their way to church. The defendant driver crossed the center of the road and struck the clients’ vehicle head on. Plaintiffs suffered multiple serious injuries. Mr. W. died three weeks later as a result of his collision injuries. Mrs. W. spent a month in the hospital and three months in a rehabilitation facility recovering from her injuries.

The case settled out of court for the insurance policy limits of $500,000.

Severed Achilles Tendon at Grocery Store A woman severs her Achilles tendon while in the parking lot due to a dangerous condition present at the store. A severed Achilles tendon is a serious injury with lifetime consequences. In this case, a $495,000.00 settlement was reached during the litigation of the case.

Construction Vehicle Collision

Our client, J.W., a minor, suffered a head injury when his mother collided with a construction vehicle at a 4-way intersection on a rural county road. The collision occurred because the defendant driver was proceeding at a speed which was too fast for the conditions and failed to take appropriate evasive action to avoid the collision.

The case settled out of court for $469,000.

Failure to Monitor Blood Levels Results in Impairement

Our client, a sixty-eight year old female required treatment for osteomyletis she had developed in her foot. She was hospitalized and received IV gentamycin. Gentamycin is a powerful antibiotic that must be closely monitored. If the blood level of gentamycin is allowed to persist beyond that which is recommended, the patient’s equilibrium may be permanently compromised. The client’s blood levels were not measured on a consistent basis such that she sustained permanent impairment of her sense of equilibrium.

Illegal Turn Results in Injury

Our client sustained multiple injuries when a vehicle ahead made drastically slowed her vehicle on a highway in order to make an illegal tum into an emergency roadway that linked the northbound and southbound highway lanes of traffic. Client, had to suddenly brake and then direct her vehicle into a grass median in order to avoid a rear end collision. Client’s vehicle, which was traveling at high speed, struck the Defendant’s vehicle in the emergency roadway. The defendant contended that the client was following too closely and should have been able to avoid the collision.

Unsecured Manhole Collapse Results in Injury

Our client, a 41-year-old female, sustained left knee and bilateral arm injuries when she fell after stepping on a manhole cover which collapsed under her weight. The manhole was located in a high traffic sidewalk area in a commercial district of Kansas City.

At the time we filed suit we did not have information about how the manhole cover had been damaged so that it would collapse when stepped on.  Our investigation revealed that the subject manhole was located within a two block area that had recently undergone extensive renovation.  We identified the name of the general contractor for this project and the subcontractors. We developed proof that heavy construction equipment had been used in connection with demolishing the sidewalk surrounding the manhole. We also developed proof that neither the general contractor nor the subcontractors had placed any barrier protection to shield the manhole and the manhole cover from damage during the demolition phase of the renovation even though they were contractually required to do so.  We filed suit under the theory that the only logical explanation for the damage to the manhole cover was from the demolition work performed in connection with the renovation.  The general contractor and all subcontractors denied responsibility for the damage to manhole cover and we were not able to prove other than by circumstantial evidence how or when the cover had been damaged. Nevertheless, we were able to develop proof that manhole covers such as the one at issue were and are durable and they only sustain significant damage when exposed to extreme force. We were also able to develop evidence that the damage to the manhole cover appeared to have occurred during the period of time in which the renovation work was conducted.

Head Injury Caused at Construction Site Plaintiff, a carpenter, suffered neck and low back injuries from compression trauma caused when a 35 lb. cinder block which was being used to hold a tarpaulin in place fell from atop a masonry wall striking him on the head. Plaintiff alleged liability on the part of the masonry company for failing to properly secure the tarpaulin and the cinder block to prevent foreseeable injury. Defendant alleged that Plaintiff should have been wearing a hard hat. Settlement: $450,000.00.?

Slow-Moving Road Grader Causes Head-On Collision

Our client, a fifty-six year old female sustained multiple injuries in a highway collision that came about as the result of a traffic melee that unfolded when an eastbound line of vehicles came over a hill and suddenly encountered a slow moving road grader in their path. There were no signs and no flagman warning of the danger posed by this vehicle in the roadway. All of the eastbound vehicles had to brake rapidly. A pickup truck near the back of the line of vehicles crossed the centerline of the highway to avoid colliding with the vehicle ahead of it. The pickup truck struck the client’s vehicle head on causing her to sustain multiple injuries. We filed suit against the Missouri Highway Department which owned the road grader which obstructed traffic. We also filed suit against the driver of the pick-up truck that crossed the center line and collided with our client’s vehicle.

The driver of the pick-up truck settled the case for $145,000. We obtained an arbitration award of $300,000 from the Missouri Highway Department. The total recovery equaled $445,000.

Woman Injured by Falling Clothing Display Plaintiff, a 42 year old female, sustained a permanently disabling right shoulder injury when a poorly anchored clothing display fell from a wall and struck her while she was shopping at defendant’s retail store. Plaintiff underwent a total of 3 shoulder surgeries. Plaintiff previously had been the primary care giver for her quadriplegic husband but could not continue in this role following the subject injury. Defendant denied liability and claimed that Plaintiff’s shoulder complaints were from prior injuries and from overuse of her right arm and shoulder. Plaintiff introduced medical records which recited that Plaintiff had provided all care required by her disabled husband before the retail store incident. Plaintiff also presented testimony of a registered nurse acquaintance who testified that she had personally observed that Plaintiff was able to provide the full range of care Plaintiff’s husband had required before the subject incident. After a 12 day bench trial, U. S. District Court Judge Howard F. Sachs awarded a total of $445,000 to Plaintiff for her shoulder injury and to Plaintiff’s husband for loss of his wife’s services.

Client Sustains Back Injury When Chair Collapses

Our client, a 50 year old male, sustained a low back injury when the chair he was seated in collapsed. This injury exacerbated his low back complaints from a previous injury that had required surgery.

The case settled out of court for $370,000.

Police Officer Rear-Ends Vehicle

Our client, a twenty-seven year old female, sustained a cervical soft tissue injury when her vehicle was rear ended by a vehicle operated by a municipal police officer. The collision occurred at high speed. The police officer was not on an emergency run at the time, no siren or emergency lights were deployed. The client did not sustain any fractures or disk herniations but she experienced continuing, intractable neck pain.

The case settled before trial for $345,000.

Fall at Restaurant, Multiple Injuries A ninety-year-old female sustained multiple injuries from a fall at a restaurant. Plaintiff, who was with her husband, had finished a meal and was stepping out from the booth at which she and her husband had been seated. The plaintiff tripped on a bus box that had been placed on the floor of the restaurant near the booth by a server. The restaurant denied liability alleging that Plaintiff had collapsed due to poor health. Witnesses were located who corroborated the Plaintiff’s contentions about her fall. The case settled shortly before trial.?

Foot Infection Leads to Partial Amputation

Our client, a 56 year old male who was a Type II diabetic developed a foot infection. The infection lingered for months, failing to respond to the antibiotic administered by his podiatrist. Eventually, the infection spread resulting in osteomyelitis in his forefoot. The client required a partial amputation of his foot.

The case settled before trial for $300,000.

Cardiologist Fails to Prevent Heart Attack

Our client, a forty-three year old male, was hospitalized because of chest pain. Client had numerous risk factors for heart disease. Labs and an EKG performed after the client was admitted indicated that client was at imminent risk for a heart attack but no action was taken until after it occurred. The client was able to return to his job but he sustained some heart muscle damage.

The case settled before trial for $275,000.

Bus Loses Control After Traveling Too Fast R. V. and M. C. v Bus Company. ($260,000 settlement). Clients, who are citizens of Mexico, sustained multiple injuries when the bus in which they were traveling lost control and crashed off the side of a highway.?

IV Causes Disfigurement to Newborn’s Wrist

Our client, a newborn, sustained a keloid scar measuring 2 inches in diameter on her wrist from IV infiltration. The child was receiving care in a hospital intensive care unit. The medical chart revealed that the child’s IV line which was administering fluids was not properly monitored. We learned during our investigation that the nurse who was charged with monitoring the child’s IV was terminated by the hospital.

Fall at Hospital, Multiple Injuries

Plaintiff was hospitalized for right knee replacement surgery. Following the surgery, Plaintiff was assessed as being at high risk for falls. Pursuant to a charted order at least two hospital staff members were to assist Plaintiff with transfers or with ambulation.

Within hours after the knee-replacement surgery, Plaintiff was assisted from bed to the bedside commode by a single nurse technician. The nurse technician lost his/her grip on Plaintiff, causing Plaintiff to fall. Plaintiff’ sustained multiple right leg injuries including a femur fracture that required surgical repair, an ankle fracture and multiple tears to the ankle ligaments.

Nurse Drops Client

Our Client, a sixty-five year old female, was in a hospital recovering from a right total hip replacement surgery when she was dropped by a nurse. The client sustained injury to the operated right hip such she that required a revision surgery.

Slip and Fall Roberts v. Menorah Medical Center- Plaintiff suffered a leg fracture when she rounded a corner at Menorah Medical Center and fell in liquid spilled onto the tile floor. Defendant acknowledged that it had prepared an incident report memorializing facts pertaining to the spill and Plaintiff’s injuries, but had allegedly lost it. Plaintiff produced evidence indicating that the liquid had been present on the floor for more that one hour and that Defendant’s employees had been notified of the spill, but had failed to clear the spill or warn of it. Verdict: $238,000.00.

Client Falls in Hospital Client endured injuries after falling in a hospital while visiting her brother who was receiving care. Our team accrued a $219,000 verdict on her behalf.

Vehicle Collides with Motorcycle

Our client, a sixty-six year old female, sustained a knee injury which required surgery when a vehicle crossed the centerline of a rural highway and struck the motorcycle on which she was a passenger. (Her husband suffered minor injuries in the same collision. His case settled for $50,000 shortly before trial.) The defendant’s insurance company offered to settle the case for $100,000 before the trial

The jury awarded $215,000 in damages.

Client Sustains Serious Injury in Motorcycle Collision

Our client was operating a motorcycle with a non-functioning front brake at more than twice the posted speed limit when a commercial pick-up truck pulling a partially loaded trailer turned out from a side street into his path. Plaintiff tested positive for THC (metabolite of marijuana) in the emergency room. He required a one month hospital stay and multiple surgeries.

The case settled at mediation for $200,000.

IV Infiltration Causes Disfigurement to Wrist

Our client, a 73 year old female, sustained injury to her wrist from a cardiac medication which was improperly administered. The manufacturer warned that IV administration of the medication into small veins in the wrist could cause “serious local reaction and necrosis.” We submitted a demand letter and a PowerPoint presentation that summarized the evidence that we would present at trial if the case was not settled.

Injection of Great Toe with Alcohol W.L. required excision of his great toe nail. In the process of numbing the toe prior to excision, the physician injected him with an unmarked syringe containing a solution of isopropyl alcohol. W.L.’s great toe turned black and he required two months of hyperbaric therapy to preserve the toe.

Client Sustains Lower Back Injury from Fall

Our client, a 48 year old female, sustained a low back injury when she fell in the restroom of a local AMC Theater. The client did not require surgery but she experienced continuing low back pain and right leg radiculopathy. AMC employees testified that when they came to the client’s aid they noted that the spill which had caused plaintiff to fall was large and obvious. The client testified that she had not seen the spilled liquid until after her fall. The theater’s incident report did not make any reference to the spill having been open and obvious.

The jury awarded $180,000 in damages

Client Sustains a Hip Fracture

Our client, a 91 year old male, sustained a hip fracture from a fall from a bed while he was hospitalized for respiratory distress. The client survived the fracture and did not require surgery. We presented a detailed demand letter and PowerPoint presentation in which we showed that the client was known to be at high risk for a fall and that numerous safety failures had contributed to cause his fall.

The hospital settled the case out of court for $175,000 and requested permission to use our PowerPoint presentation as a teaching tool in its nurses training program.

Head-on Collision with Horse in Roadway Plaintiff was driving on a 55 mile-per-hour rural roadway at night. As Plaintiff crested a rise in the road, his car collided with one of many horses owned by the defendants that were standing in or near the roadway. Defendants denied that the horses escaped through an open gate. At deposition, Defendants contended that the horses had escaped by jumping the fence that bordered their pasture when they were chased by a mountain lion. Defendants admitted that they had never seen a mountain lion on their property but they alleged that on the night of the incident they had seen the paw prints of a mountain lion in the snow and they had also seen trampled grass in the pasture which indicated to them that the horses had been chased over the fence. Plaintiff’s counsel showed defendants documents from the National Weather Service revealing that there had been no snowfall during the previous ten days and that daytime temperatures for that period had been well above average. Plaintiff’s counsel also confronted one of the defendants with her recorded statement in which she contradicted herself numerous times about information concerning the subject incident. Plaintiff sustained a jaw fracture and required surgery.

Client Sustains Fall from Hospital Bed

Our client, an eighty-nine year old female, fell from a hospital bed. Because of the risk that she might fall, her chart reflected that orders had been issued that bed rails should be utilized. This order was not obeyed and client sustained a femur fracture from her fall.

Client Sustains Femur Fracture from Hospital Bed

Our client, an eighty-nine year old female, fell from a hospital bed. Because of the risk that she might fall, her chart reflected that orders had been issued that bed rails should be utilized. This order was not obeyed and client sustained a femur fracture from her fall. She did not undergo surgery for the injury.

The case settled out of court for $150,000.

Client Sustains Injury During Removal of Catheter

Our client, a 46 year old male, sustained an injury when a foley catheter was removed before the balloon was deflated. The client required treatment for an infection that followed from the injury.

Child attacked by Pit Bull Terrier We represented the family of a nine year old child who was attacked by a pit bull terrier. The child had been invited into a neighbor’s home. The dog was known to be aggressive. He was bitten in the lower lip and required plastic surgery. 

The case settled out of court for $150,000.

Client Attacked by Pitt Bull Terrier

Our client, a twenty-six year old female, was attacked by a pit bull terrier when she was visiting a local dog park. The dog was known to be aggressive but the owner did not have the dog on a leash. The client developed a blood clot in her right calf that required surgical drainage. She also required antibiotics for her wound infection resulting from the dog bite.

The case settled after mediation for $150,000.

Spine Surgery Performed at the Wrong Location

Our client was diagnosed with degenerative disease in his cervical spine that required surgery. The surgeon performed surgery at the wrong level such that the client required an additional surgery.

Theft

Ed Kline v. Half Price Store – $132,000 Verdict Plaintiff was wrongfully accused of stealing a pair of shoes from Defendant’s retail store. He was arrested, handcuffed and charged with theft by a Kansas City police officer who was summoned by the store’s shoplifting guard. After being transported to a police station, the Plaintiff was finger printed and briefly incarcerated before being release on his own recognizance. The shoplifting guard who had the Plaintiff arrested failed to attend the theft hearing and the charges against the Plaintiff were dismissed.

Plaintiff, who was the father of three children, a Vietnam veteran, and assistant supervisor of a warehouse filed a malicious prosecution case alleging damage to his reputation. Verdict: $132,000.00.

Multiple Injuries in a Two-Vehicle Collision

Zemianek v. Shanberg- Plaintiffs, a husband and wife, suffered multiple injuries in a two-vehicle collision in Port Angeles, WA. Settlement: $125,000.00.

Woman Attacked by Pit Bull Terrier Plaintiff, a 29-year-old female, was invited to the home of the Defendant. The defendant did not warn of the danger presented by his pit bull terrier which he knew to be aggressive and capable of attacking strangers. The plaintiff sustained a facial laceration and sinus infection when attacked by the Defendant’s dog. The plaintiff required hospitalization and intravenous antibiotic therapy. The case settled for $100,000.

Client Attacked by Pit Bull Terrier

Our client, a twenty-two year old female, was attacked by a pit bull terrier owned by a friend. The pit bull terrier was known to be aggressive but the owner failed to take precautions to keep him away from persons who were visiting. The client required IV antibiotics for the wound infection she developed from the dog bite.

The case settled for $100,000.

Brain Injury

G. E. v American Family-Client, a 38 year old male, suffered head trauma in a rear end collision. The motorist who was at fault was uninsured. Our office arranged for an evaluation by a neuropsychologist who performed testing that confirmed traumatic brain injury that affects clients short term memory. After notice was given to the insurance company that a failure to tender our insureds policy limits would necessitate our filing a punitive damages suit alleging a failure to negotiate in good faith, it agreed to pay the full policy limits. (Settlement at policy limits of $100,000).

Catheter Left Behind in Operative Field

Client, a forty-four year old male, underwent mitral valve repair surgery. The day after his surgery, a chest x-ray revealed the presence of a metal hub of an angiocatheter that had been used during the client’s mitral valve repair surgery. Another surgery had to be performed to remove it.

Hand Injury

D. W. v. California Casualty Insurance Company

Client, a 71 year old male sustained a serious hand injury when his vehicle struck a disabled truck which had been abandoned in the roadway on a residential street. The collision occurred at night. The truck, which had a payload bed measuring approximately 16 feet in length, did not have reflectors or functioning hazard lights. Because the bed of the truck was black, the vehicle was effectively camouflaged to vehicles that were traveling in the same lane. The investigating police officer determined that the failure of the owner/driver of the truck to have proper safety equipment (reflectors and hazard lights) was a precipitating cause of the collision. Client was also cited for inattention. The owner/driver was uninsured.

The case settled for the $100,000 limits of clients uninsured motorists coverage

Insulin Dependent Mental Patient Allowed to Elope from Nursing Home - Death

A man with a mental disorder was placed in a living facility. The man also was an insulin dependent diabetic who had to regularly receive his insulin or risk dire consequences. Despite this fact, the facility allowed the man to leave without contacting the family or the authorities until so much time had passed that it was near impossible to locate him. The man was found two days later so ill from ketoacidosis and diabetic shock that he soon died. A confidential settlement was reached with the facility.

IUD Placement Results in Serious Infection

The placement of an IUD can often be followed by infection. In this event, it is often critical for the physician to immediately remove the device (despite its cost) and to perform cultures to identify the infectious agent. In this case, the physician did neither, against the recommendations of the manufacturer of the device and contrary to standard of care. The result was a catastrophe of events including an infection that nearly cost the life of the patient. Unfortunately, the infection, within months, traveled to the woman’s heart (endocarditis) necessitating heart valve surgery. During litigation, a confidential settlement was reached.

IV Infiltration Injury

Plaintiff was admitted at the defendant hospital for heart problems. The attending physician ordered a powerful cardio-active drug. The physician failed to provide specific instructions pertaining to dosage or administration of the drug despite an FDA advisory indicating that infusion into small veins should be avoided due to the risk of sloughing of the skin and necrosis.

READ MORE

Laser Assisted Liposuction Results in Terrible Burns

Laser assisted liposuction requires appropriate guidelines that must be followed with precision. Manufacturer’s guidelines must also be strictly adhered to. When these guidelines are not followed, terrible burns can result. That is exactly what happened in this case. A confidential settlement was reached for the 44 year old women in question.

Mal-positioning of Umbilical Catheter Causes Catastrophic Injuries

We represented the parents of a newborn who sustained serious injuries as the result of the improper positioning of a venous catheter (UVC) into the heart chamber (right atrium) of a hospitalized, preterm infant. The malpositioning of this UVC resulted in the device eroding through the heart wall. Because the UVC was being used to infuse total parenteral nutrition (TPN), the TPN began to flow into the pericardial sac (the lining surrounding the heart into which the heart beats). As TPN began to fill the pericardial sac (to cause a condition known as cardiac tamponade), the infants heartbeat drastically slowed to the point where no pulse measurement could be obtained. The infants cardiac depression lasted over one and one half hours and she suffered massive and irreversible brain damage.

READ MORE

Fall at Nursing Home Results in Multiple Fractures and Death Client, D. B., a seventy-three year old female, sustained multiple fractures from a fall at defendant nursing home. Ms. B. required assistance from walking due to her frail condition. At the time of her fall, a nursing home aid was utilizing a gait belt but did not have it properly positioned. Ms. B. required hospitalization for her injuries and died seven days after her fall.?

Fibromyalgia & Depression Caused by Work Injuries

Our client, a 32 year old female, was diagnosed with fibromyalgia and depression resulting from injuries she sustained at her workplace. She required extensive medical and psychiatric treatment. Nevertheless her two treating doctors concluded she suffered only mild disability. In addition, both treating doctors accused her of malingering. At the hearing we produced proof that the client’s employer had promoted her five times. We also produced proof that before her injury her attendance and reviews were excellent and that she had no previous health issues. We also produced proof that we had developed that the employer’s worker’s compensation insurance company had retained a private investigator to conduct surveillance of the client for over 120 hours during the time she was receiving medical treatment. The investigator took a total of only 30 minutes of videotape of the client during this period of surveillance. The investigator’s “cherry picked” videotape was then used by the insurance company to persuade the client’s treating physicians that she was malingering. The employer refused to make any offer before the hearing.

After a lengthy hearing, the judge awarded lifetime benefits which are expected to exceed $1.2 million. The employer did not appeal the judge’s decision.

Improper Treatment Leading to Amputation Plaintiff, a diabetic, suffered a foot infection which proved resistant to a prescribed antibiotic, administered over a period of months by his family doctor. Foot infections in a diabetic patient must be carefully monitored. Diabetic patients are prone to vascular deterioration which lessens the effectiveness of antibiotics which are administered orally or intravenously. Plaintiff’s infection, which smoldered over a period of months, suddenly grew dramatically worse and Plaintiff required a Lisfranc amputation (approximately one half of Plaintiff’s foot required amputation). (Confidential Settlement).?

Inadequate Fire Escape & Non-Working Smoke Detectors Results in Death

A terrible fire at an apartment complex kills three. With inadequate fire exits and non-working smoke detectors, a tragedy was waiting to happen and it did. This matter was settled after a week of trail

Inexperienced Resident Performed Procedure Resulting in Partial Paralysis

Complicated procedures must be performed or supervised by competent experienced physicians. It is not allowed for inexperienced residents to perform such procedures when not carefully supervised by experienced, knowledgeable surgeons. Unfortunately, this is exactly what happened to our client when a resident was allowed to perform a procedure on this elderly woman.

READ MORE

Inexperienced Surgeon Results in Serious Complication

In this case, the surgeon attempted to perform a laparoscopic removal of a grossly enlarged spleen using a surgery tool called a cutter-stapler. The medical literature mandates that the surgeon be greatly experienced before attempting such a procedure as the primary surgeon. However, in this case, the physician failed to inform the patient of any of these facts. Unfortunately, a very serious complication ensued requiring multiple hospitalizations and a permanent injury. After extensive litigation, during which the above information was learned, a confidential settlement was reached.

Heat Stroke Injury to Football Player

Heat stroke can kill and it can also cause lifelong disability. Rules governing the conduct of summer football practices in the hot 95 degree sun are there for a reason. Coaches can put their young players at great risk by ignoring these rules. That’s exactly what happened here when the decision to conduct football practice on a day where the on field temperature was in excess of allowing practice. Full uniforms were required and little attention given to hydration. Instead, players were taunted for not performing at full effort. The result has a heat stroke with an admitting sustained temperature at 106 degrees. The young man can now no longer engage is sustained temperature raising athletic endeavors without great risk to his health. A confidential settlement was reached during litigation.

Hospital Fall, Hip Fracture and Death J. L. was a ninety six year old male who was found on the floor of his home by his daughter. He was confused and weakened and dehydrated. He was hospitalized but his treating physician expected that he would be released within twenty-four hours. Mr. L. was assessed as at high risk for a fall by the defendant hospital’s nursing personnel but no measures were taken to minimize the risk. Mr. L. sustained a hip fracture when he got out of bed and fell. He underwent surgery to repair the fracture but died soon afterward from a blood clot. In connection with Settlement negotiation Dempsey and Kingsland prepared a detailed Powerpoint presentation that explained all of Mr. L.’s fall risk factors, the material documentation errors made by hospital personnel and the variety of measures that could have been employed to minimize and perhaps eliminate the risk of Mr. L.’s falling. In settling the case defendant hospital requested permission of Dempsey and Kingsland to use the Powerpoint as a teaching tool at its nursing school.?

Hospitalized Patient Given Excessive Drugs Resulting in Death

It is sometimes beyond belief some of the things we witness as medical malpractice lawyers. This case was one of them. This forty-four (44) year old mother had the misfortune to be hospitalized with a condition associated with pain. While hospitalized, her caregivers proceeded to administer a wide range of pain medications in great excess of anything recommended. Methadone was given along with Percocet, morphine and Oxycontin. But that wasn’t all. Mixed in was a cocktail of other muscle relaxers and respiratory depressants. The tragedy took place when the patient quit breathing and no one noticed until it was too late. A confidential settlement was reached with the hospital and “caregivers”.

Hyperbaric Chamber Injury – Loss of Hearing in One Ear

Hyperbaric chambers for healing are sound but must be administered with care. In this case, an inexperienced and improperly supervised technician changed the pressure at a rate greatly in excess of that allowable. The worst part of the case was the attempted cover up by the technician.

I.V. Not Replaced in Hospital Results in Death

An I.V. placed in “the field” by E.N.T.’s or ambulance personnel, must be quickly replaced once the patient arrives at the hospital. If they are not, they become an infection risk. The Center for Disease Control sets for specific requirements that hospitals must adhere to so that these can be timely replaced. In this case, the I.V. placed by the ambulance personnel (after the patient had been stuck by a car while walking his dog) was not replaced. The patient developed an infection in his arm that became much worse over the next weeks and month. The patient eventually died due to his infection. Litigation followed resulting in a confidential settlement with the family.

Failure to Monitor Results in Death of a Child

This case is especially gut-wrenching. A care facility is in charge of caring for this wheelchair, mentally impaired child with a trach tube that required constant monitoring. Due to recent trach problems, an order was made for 15 minute checks by the child’s physician. This was done due to recent respiratory problems and clogging problems with the child’s trach. The days that followed were riddled with a record of miserable monitoring by the facility. How this could have transpired is inexcusable. The results were tragic with a miserable death for the child.

No cases are sadder than the death of a child. We work diligently on these cases, but tears flow regularly.

A confidential settlement was reached.

Failure to Observe Suicidal Patient Results in Suicide

A man with severe suicidal ideations is properly admitted and is to be under constant observation and watch. However, he is not. Instead, he is allowed to construct a noose and to hang himself within 24 hours of his admission. A confidential settlement was reached with the facility.?

Failure to Provide Care Results in Death

In this case, a patient management firm was in charge of managing and coordinating care for a mental patient who was also insulin dependent. Due to confusion in the continuity of care, the patient was allowed to fall between the cracks and not receive proper management of her diabetes. The result was that the woman suffered from diabetic shock (ketoacidosis) resulting in her death. A confidential settlement was reached.

Failure to Reinstitute Blood Thinners Results in Death

A nursing home is required to carefully follow the orders of the patient’s physician. In this case, this did not take place. The woman, who was a resident of a nursing home had been ordered to temporarily discontinue her blood thinners for three days. Then, the blood thinners were to be resumed. However, the blood thinners were not resumed. Within three weeks the woman had developed a clot in her leg necessitating life-saving hospitalization for a week. Although she was released, she was not out of danger. Within a matter of days, her condition turned for the worse as the previously non-dissolved clot broke loose causing her death. This matter was resolved short of litigation in a confidential settlement.

Failure to Respond to Demoral Toxicity Results in Death

Demerol is a dangerous opioid. The FDA gives a ‘black box’ warning to all medical caregivers for its use. If it is not administered with the greatest care, death can result, which is exactly what happened in this sad case. In fact, the physician in charge of the patients care at a nursing home didn’t even know what a ‘black box’ warning was. The staff essentially ignored his worsening condition until it was too late. A confidential settlement was entered into during litigation.

Failure to Respond to Morphine Overdose Results in Death

Surgery on the elderly presents special duties on the part of medical caregivers. For example, many elderly patients cannot handle opioids and similar ‘respiratory depressants’ as well as younger patients. Monitoring of such patients during and following the administration of sedatives and pain medication is a must. If it is not done, dire consequences can result. That is what happened with this ninety-two-year-old man who lost his life unnecessarily when he was simply given too much morphine and then not monitored carefully during the next few hours. During litigation, a confidential settlement was reached.

Failure to Seek Medical Treatment Results in Death of Young Girl

In this tragic case, a young girl was injured during gym class when she ran at full gait into a masonry wall. Despite the loud impact of the girls head against the wall and her temporary loss of consciousness, the coaches simply walked the girl to the school “health aide”, a woman with absolutely no medical training and whose previous on-the-job experience had been secretarial and fast-food. The health aide called the parents and gave them a slip of paper that told them to take the child to the emergency room only if she worsened in condition. The child did not seem to worsen but stayed the same overnight. In the morning, the devastated parents found their daughter dead.

Failure to Supervise Results in Death

Mental patients on psychotropic drugs experience many effects from their drugs, one is dry mouth. In this case, the patient was supposed to be continuously monitored but, he was not. Instead, he was allowed access to the pantry where he opened a commercial sized container of peanut butter and while attempting to eat it choked to death. No one was there to watch him or to prevent his agonizing death.

If it can be believed, this was NOT the first patient at this facility that had died while choking on peanut butter. Despite this, the facility did not change its practices.

During litigation, a confidential settlement was reached.

Failure to Treat Results in Death of a Young Girl

Parents take their very sick child to an Urgent Care facility. The child’s vitals are so dire that almost any emergency room would have immediately admitted her and quickly given her life-saving antibiotics. Instead, the four-year old and her parents were sent home assured that there was nothing too serious. Within hours, the girl died. Her devastated parents came to our firm and we successfully prosecuted their case.

Catheter Left Behind During Surgery

A Catheter is inadvertently left behind during a routine procedure. The patient develops recurrent infections until this source of the mishap is eventually discovered. A confidential settlement is reached with the insurer for the surgeon.

Medical Malpractice

Patient’s Sudden Cardiac Death Follows Hospital Discharge Without Protective Device that Patient’s Cardiologists Had Recommended- The family of John Doe has settled a wrongful death case against a physician arising out of communication errors that culminated in Mr. Doe’s dying from cardiac arrhythmia. Mr. Doe’s death occurred after he was discharged from a Missouri teaching hospital without a commonly prescribed wearable device that administers a defibrillator shock to the heart to restore normal heart rhythm when the patient experiences certain types of cardiac arrhythmias. One of the many physicians who participated in Mr. Doe’s care had recommended this device to Mr. Doe and Mr. Doe had specifically requested it. Nevertheless, none of Mr. Doe’s physicians placed an order for the device from the manufacturer. The defendant physician authorized Mr. Doe’s hospital discharge without the device despite Mr. Doe’s cardiac status that placed him at high risk for a fatal arrhythmia. Four days after discharge, Mr. Doe experienced sudden arrhythmia and he collapsed at his home. A family member called 911 and ambulance personnel responded. All efforts to revive Mr. Doe failed. In addition to settling the case for $700,000, the hospital that employed the defendant physician announced that it has taken measures to improve communication between hospital personnel.

READ MORE

Birth Injury Causing Death of Infant

This is a catastrophic injury/death case arising out of the improper positioning of a venous catheter (UVC) into the heart chamber (right atrium) of a hospitalized, preterm infant. The malpositioning of this UVC resulted in the device eroding through the heart wall. Because the UVC was being used to infuse total parenteral nutrition (TPN), the TPN began to flow into the pericardial sac (the lining surrounding the heart into which the heart beats). As TPN began to fill the pericardial sac (to cause a condition known as cardiac tamponade), the infants heartbeat drastically slowed to the point where no pulse measurement could be obtained. The infants cardiac depression lasted over one and one half hours and she suffered massive and irreversible brain damage.

READ MORE

Child Intubated Incorrectly - Death

In this tragic case, a one-year old underwent an emergent intubation. Safe, emergent intubation mandates proper training so as to ensure the breathing tube is places in the airway. A simple test during the crisis ensures the flow of air into the diaphragm. This wasn’t done. Instead, the child died unnecessarily. A horrific tragedy for all involved. A confidential settlement was reached.

Drainage Tube Left Behind Following Knee Surgery

In this case a drainage tube was left behind following knee surgery. A confidential settlement was reached.

Dropped Patient Suffers Femur Fracture We filed suit on behalf of an 84-year-old female, who was dropped by a nursing home aid that was attempting to transfer her to a wheelchair. The nursing home had categorized client as a 2 person transfer. Pursuant to state regulations the use of a gait belt was mandatory in performing a transfer. No gait belt was utilized in clients transfer and only one person rather than 2 participated in lifting her when she was dropped to the floor. Client sustained a femur fracture and required lengthy hospitalization. Surgery to repair clients fracture could not be performed due to osteopenia. Clients fracture eventually healed but the angulation of her injured leg was approximately 25 degrees out of kilter. (Confidential settlement)?

Drug Overdose

Plaintiff, 63 years old, suffered from osteomyelitis in a great toe and was hospitalized. An intravenous antibiotic, gentamicin, was prescribed for approximately 20 days. Gentamicin must be administered with special care because of the potential risk of injury to the inner ear mechanism which controls equilibrium. Blood levels of gentamicin must be monitored to avoid concentrations of gentamicin rising above the therapeutic range in order to avoid inner ear injury.

Plaintiff’s blood levels were not appropriately monitored and Plaintiff developed “ototoxicity” (impairment of her sense of equilibrium). (Confident Settlement).

Elderly Patient Dropped Resulting in Fractured Leg and Death

In this case, a patient requiring a two person lift was instead aided by a single nurse. The device she attempted to use as a ‘sit-to-stand’ device. The battery was near dead, so in the middle of the maneuver, the machine suddenly stopped causing the patient to fall fracturing his leg in more than one place. Despite the above, the facility waited six days before taking the gentleman to the hospital. His multiple fractures were then immediately diagnosed. After several weeks of treatment, the elderly patient died. A confidential settlement was reached.

Elderly Patient Endures Burns After Laser Procedure

An elderly man is subjected to laser treatment to his groin despite the fact that he is clearly not a safe candidate for such a procedure due to his advanced age and due to the fact that he has previously undergone extensive radiation treatment in the same area, a clear contraindication for laser treatment. As a result, he suffers terrible burns resulting in his tragic death weeks later. A confidential settlement is reached during litigation.

Endoscopy and Dilation Causes Death of Woman

This tragic case took place at a small hospital. The general surgeon elected to perform an endoscopy and dilation for a woman who was with few if no limitations or complaints. Due to the potential danger of the procedure (dilation), it is recommended only for patients who have a history of reflux or other digestive problems. The surgeon in this case, perhaps to make way for easier use of the endoscope, made the decision to dilate. The result was perforation soon followed by the death of the patient. A Confidential settlement was reached during litigation. The woman was survived by her grown son.

Failure to Admit Suicidal Man Results in Suicide

In this tragedy, a young man presents himself to an emergency room with clear signs of suicidal ideations. Clearly in such a situation, an emergency room must take appropriate measures and cannot simply refuse the patient care. However, that’s exactly what happened. The rejected man took his life within hours. A confidential settlement for the family was reached.

Failure to Diagnosis Pneumonia Results in Death

Urgent care facilities must know when to respond to an emergency. Too often this is not the case. In this case, a young man in his thirties presents himself to an urgent care facility. He does this because his flu-like symptoms are going into their second week. He previously has presented himself to another facility (in another state) during a visit with his parents over the holidays. A detailed and excellent workup was performed at that time. However, when back in Kansas City, the workup was short and spotty and ignored his many worsening signs. No labs or x-rays or other diagnostics were performed. The patient was sent home. He was found dead two days later in reclining chair. An autopsy showed untreated pneumonia. His death was avoidable and should not have happened. His mother and father and sister were devastated. A Confidential settlement was reached.

Failure to Diagnose Lung Lesion Results in Death

In this case, a routine chest x-ray showed a cancerous lesion on the woman’s chest. Despite this fact, no one remember to tell the woman or to take any action. Instead, two years passed when the cancer was finally found. Her caregiver found the two year-old x-ray and asked why on earth she had not taken action. Of course, it was because no one had told her. By then, the cancer had grown to such an extent that surgery to remove the cancer became much more dangerous. The woman died during the surgery.

During litigation, a confidential settlement was reached.

Failure to Diagnose Melanoma in Woman

A Kansas City woman relied upon her principal care doctor to review a growth on her foot. The doctor observed and noted its changing condition for well over a year. Despite clear indication that an immediate referral to a dermatologist was needed, nothing happened. Finally, when it became much worse, the referral was made. It turned out to be melanoma. Unfortunately, the delay was such, that the cancer had already spread to a lymph node, making the chance for a full recovery significantly less.

It is well hoped that a full recovery will be made. However, only time will answer this question. This patient settled her case at a confidential sum.

Wheelchair Patient Not Properly Secured in Transportation Van

A patient at an assisted living facility is transported by the facility van but his wheelchair is not secured within the van. Neither is the patient seat belted. When the van comes to a sudden stop, the patient is thrown about inside the van suffering fracture injuries to his ankle as well as other injuries. The patient is so injured that he soon makes to choice to desist his life saving dialysis and makes the sad choice to leave his family early. A confidential settlement is soon reached.

Wrongful Death of Nursing Home Resident

A sixty year old mentally disabled resident fell in a shower at a group home facility. State law required the presence of a grab bar as a safety device to help prevent falls. The group home shower lacked a grab bar. The resident fell sustaining a femur fracture and he died from this complication.

Wrongful Death of Resident

We filed this wrongful death case on behalf of the mother of a 47-year-old resident who died at Defendant’s residential care facility. The resident suffered from mental retardation and schizophrenia.

Care facility personnel administered medications, including Clozapine, to the resident on a daily basis. The resident died at the care facility after having been ill for a 24-hour period. An autopsy determined that the resident died from Clozapine toxicity. (Confidential settlement)

Wrongful Death of Resident

We filed this wrongful death case on behalf of the mother of a 47-year-old resident who died at Defendant’s residential care facility. The resident suffered from mental retardation and schizophrenia.

Care facility personnel administered medications, including Clozapine, to the resident on a daily basis. The resident died at the care facility after having been ill for a 24-hour period. An autopsy determined that the resident died from Clozapine toxicity.

The case settled at mediation for a confidential amount.

Young Child Endures Burns From Water Heater

A young child of tender years is placed in a tub by an older child who turns on the hot water. The water is set so excessively hot by the apartment complex that the child suffers horrible burns to her feet and legs before her mother can rescue her. A confidential settlement was reached.

Young Man Died During Wisdom Teeth Removal

A young man goes to an oral surgeon to have his wisdom teeth removed. Conscious sedation (also called procedural sedation) is used. This procedure mandates careful monitoring of all vitals with careful attention to the need to slowly ‘titrate’ the sedation drugs so as to ensure the patient does not become inadvertently over sedated, especially to the point that the patient loses his breathing reflexes. In that situation, sedation can become deadly. The physician must be able to safely recognize the medical dilemma if it develops and then to immediately act to reverse the situation and to resuscitate the patient. In this case, none of this occurred and the young man was allowed to die in the dental office. This was an especially tragic and heart rendering case. It settled during the third day of trial.

Negligent Transfer of Unstable Patient at Hospital - Death

This tragic case took place at the V.A. Hospital in Kansas City. The patient was critically unstable with serious cardiac conditions. A nurse, wishing to transfer the patient to a different department is required to follow strict protocols. Sometimes these protocols call for continuance of heart monitoring during the transfer with accompanying registered nurses. This was required in this situation. However, the attending nurse failed to adhere to these safety guidelines with disastrous results to the patient. During the unassisted transfer, with absolutely no heart monitor (or any other monitor in place), the patient suddenly suffered a “code blue” heart and breathing crisis. With no one in the vicinity, so much time passed to get help that the patient died. A confidential settlement was reached for the family.

Newborn Sustains Injury from Testicular Torsion

Our client, a newborn, sustained injury from late diagnosis of testicular torsion. Our investigation revealed that there existed uncertainty as to whether the testicular torsion had developed in utero such that injury could not be averted. Nevertheless, the medical chart recited information that could be interpreted to show that the torsion had developed after the child’s delivery and it had been missed on numerous occasions during the child’s treatment.

Nursing Home Assault Resulting in Death W.W., a 48 year old male, suffered a massive stroke and was in a persistent vegetative state when he was admitted to defendant nursing home A.D.N., an 87 year old man living in nursing home B and suffering from dementia, attacked and injured his roommate and was sent to a hospital for psychiatric evaluation. Defendant Nursing home B failed to provide a complete history of D.N.’s past violent behavior to the hospital and then refused to readmit D.N. The hospital discharged D.N. to the defendant nursing home A, which did not have a dementia unit and was unaware of multiple instances of violent behavior on the part of D.N. D.N. was placed in a room with W.W. Within a few days, D.N. began acting erratically and threatening violence. Nursing home B refused to provide information to nursing home A on D.N.’s past behavior and the hospital refused to readmit him. Six days after admission to defendant nursing home A, D.N. violently assaulted and killed W.W., (Confidential settlement from both nursing homes, employees and administrator of Nursing Home A, hospital and treating psychiatrist, and ambulance company)

Over- Medication Results in Death

This case was especially maddening because of the attempted cover-up.

A 37 year-old wheelchair bound woman is hospitalized at a rehabilitation facility for purposes of reconditioning and strengthening. She is greatly over-medicated. During the stay at the facility, her mental condition greatly declines. This is unprecedented for the otherwise alert woman. However, her caregivers ignore the many signs of over-medication. Her condition becomes so bad that she becomes incontinent, a problem she has never experienced. Her condition then worsens and she quits breathing. Her caregivers are so inept that they fail to order an immediate ‘code blue’. In other words, even at the end, the woman could have been saved.

This woman leaves behind a husband and father. After litigation and discovery that disclosed an abundance of medical information hidden from her medical records, a confidential settlement was reached.

Motorcyclist Collides with Passenger Vehicle (Policy Limits) J. L. was riding a motorcycle eastbound at a high rate of speed when an oncoming vehicle made a left turn into his path. J. L. was traveling at a speed greatly in excess of the speed limit but investigation revealed that the defendant driver had an unobstructed view of the motorcycle and had failed to yield the right of way.

Misdiagnosis of Heart Disease Plaintiff, a 45 year old male, reported to a local emergency room when he experienced chest pain. An EKG and blood testing revealed that he had experienced a myocardial infarction, but had suffered no damage to his heart muscle. Plaintiff was admitted into the hospital for observation. His chest pain continued. Plaintiff’s physicians diagnosed him with pleurisy (an inflammation of the lining of the heart). In fact, Plaintiff’s chest pain was not from pleurisy, but rather from unstable angina due to blockage in his coronary arteries. The appropriate treatment for this condition was rapid stabilization followed immediately by coronary bypass surgery. Because of the misdiagnosis of pleurisy and the failure to timely intervene, Plaintiff suffered a myocardial infarction. The case was settled shortly before trial. (Confidential Settlement).?

Post Operative Bleed Results in Death

A man undergoes routine surgery at a small city hospital. He is placed in the recovery room for only a short hour following the procedure. He is then sent to “the floor” when his vitals immediately take a turn for the worse. Despite this, the staff does not timely inform the surgeon, who has left the hospital. The patient then continued to bleed to death and dies within three hours. A confidential settlement was reached.

Post Traumatic Stress From Violent Collision En Route in Fire Truck

Our client, a twenty year veteran KCMO fire fighter, was diagnosed with neck and back injuries and post-traumatic stress disorder after a violent motor vehicle collision. The client was a restrained passenger in a fire truck that was responding to a house fire when a KCMO trash truck suddenly veered into the fire truck’s path. Both vehicles sustained massive damage from the impact. Client was thrown forward during the collision and his head struck and shattered the windshield. He was wearing a fire helmet. He was treated for neck and back injuries and received extensive psychiatric care for post- traumatic stress disorder. The psychiatrists who testified on each side of the case agreed that the client was permanently disabled from working. However, the psychiatrist for the city of Kansas City testified that the client had pre-existing depression that he had inherited that explained his disability. Nevertheless, the client’s medical records documented that he had no significant personal history of depression and that he had no family history of depression that preceded the subject collision. After a day long hearing, the Administrative Law Judge awarded full life time benefits on the basis that the PTSD was related to the on the job collision. The city appealed the decision to the Labor Commission but the ALJ’s decision was affirmed.

The client’s lifetime benefits are expected to exceed $1.4 million.

Prescription Of Pain Pills Results in Suicide

In this tragic case, a small town surgeon performed 24 separate procedures on a young man’s knee finally resulting in a total knee replacement at age 33. The surgeon then proceeded to prescribe large doses of opioids until the patient became addicted. His addiction worsened over the next three years until, distraught, the patient took his own life. A terrible tragedy. The case was settled by the full payment of available insurance proceeds by the insurer for the surgeon.

Rear Ended by Semi Truck We filed suit on behalf of D.B. after his passenger vehicle was rear-ended by Defendant’s transport truck. D.B. suffered two herniated cervical disks, bilateral carpal tunnel and meniscal injuries to his right knee. Defendant alleged that D.B. suffered from pre-existing conditions and denied that trauma from the collision was the cause of D.B.’s injuries. (Confidential Settlement).?

Runoff in Park Results in Death of an Elderly Man

A retired couple take a walk in a city park. On the walkway is green runoff that is mixed with algae and is so incredibly slippery that it is more like grease. The man slips backwards so violently, that his head is the first thing to strike the hard pavement. The man dies from his wound. It is found out through investigation that the man is not the only person who has suffered such violent slip and falls on the green algae runoff and that the problem was well-known to the city. Multiple witnesses were contacted as a result of our firm repeatedly canvassing the neighborhood for all those who had knowledge of this dangerous condition. A confidential settlement was soon reached at near the maximum allowable recovery allowed against municipalities.

Shoulder Injury/Fibromyalgia Combined with Pre-existing Psychological Disorder

Our client, who worked in a retail clothing store, sustained a rotator cuff tear in her right shoulder as the result of a mishap with a clothing rack. She underwent two surgeries and then developed fibromyalgia, a systemic pain condition. This pain condition exacerbated her pre-existing bipolar disorder. The case against her employer for the shoulder injury was settled and benefits were sought from the State of Missouri for the client’s inability to work because of the combination of her physical and psychological conditions. We retained an occupational medicine physician, a psychiatrist, and a vocational rehabilitation consultant. All testified that she was no longer able to work. The Missouri Attorney General’s office defended the claim, denying that she was unemployable. After a day-long hearing, the Administrative Law Judge awarded full lifetime benefits. The Missouri Attorney General’s office appealed the decision to the Labor Commission but the ALJ’s decision was affirmed.

The client’s lifetime benefits are expected to exceed $300,000.

Patient Suffers Rhabdomyolysis During Hospitalization

A patient while hospitalized over a period of days suffers a worsening condition called rhabdomyolysis. Her muscles became more and more sore and immovable. Her lab values show an impending crisis but no timely action is taken. Finally, the patient suffers a massive cardiac arrest and despite the prolonged “code blue” resuscitation efforts, the patient suffers brain injury. A confidential settlement followed litigation of the case.

Unobserved Commercial Lift Results in Injury of a Child

There is a reason why commercial vehicles should not be parked around small children. Here, the driver of a commercial vehicle with a lift mechanism in the back parked his vehicle in an apartment complex where many children lived and played. The driver left the lift fully operational so that children could ride up and down by operating the lever on the back of the truck. A young girl was taking a ride on the lift when her foot was horribly crushed leading to the amputation of part of her toes and foot.

Surgical Needle Left Behind During Chest Surgery In this case a surgical needle was left behind during chest surgery. Months later it was discovered on routine x-ray. Of course, it had migrated and would be dangerous to remove. Therefore, it was safer for the woman to simply live with this circular shaped needle in her body for the rest of her life! What a thing to have to live with! After prolonged litigation focused on whether the retained needle was the fault of the nurses and/or the surgeon, a confidential settlement was reached.

Sponge Left Behind During IUD Removal

In this case, an IUD removal procedure left behind a sponge. This was not known to the woman until much later when a critical infection and hospitalization followed. Finally, the sponge was identified and, of course, was the source of all the problems. This left the woman with such internal damage that her ability to bear future children was in jeopardy. With the use of a fertility expert, the case was settled in a confidential amount.

Sponge Left Behind During Surgery

A sponge left behind is one of the most dangerous foreign objects because it is a focus point of recurrent infection, even life threatening infection. In the case, the surgeon, despite a suspected wrong sponge count, failed to inform the patient, putting him at even greater risk. Of course, this patient soon developed a near life ending infection that, luckily, ended with his care givers timely figuring out the source of the infection in time to perform surgery and remove the retained sponge. A confidential settlement was reached with the insurer for the surgeon.