Cases Of Interest
Recent Case Settlements And Verdicts
$36,500,000 Arbitration Award – Defective Product, Catastrophic Burns To 3-year-old Boy And His 33-year-old Father.
Our clients, a 3-year-old boy and his 33-year-old father, suffered third degree burns to over 70% and 50% of their bodies respectively. We argued that a lithium ion battery exploded from an electronic device and brought claims against the product assembler, distributor and seller. After three unsuccessful mediations and more than 80 depositions, the claims were presented to an arbitration panel. The result of the arbitration was a gross recovery of $36,500,000 for our clients.
$21,000,000 Jury Award.
On behalf of their 58 year old client (M.C.), DeLuca & Associates, LTD obtained a $21 million verdict which, with interest, totaled over $36.3 million. M.C. lost both legs below the knees and most of eight fingers to an infection that Landmark Medical Center (Landmark) failed to identify. She sought care at Landmark Emergency Room two times with back pain and a recent history of a MRSA skin infection. At her second visit, an MRI showed signs of an infection in the pelvis. The sign of infection was not reported by the Landmark radiologist. Two days later she returned with overwhelming sepsis. Because of the defendant’s failure to diagnose and treat the underlying infection, M.C. had to endure a long and complicated hospitalization, suffering from a severe sepsis syndrome. Her medical course was notable for bilateral below-the-knee amputations, the loss of eight (8) fingers, respiratory failure, kidney failure, and a heart attack which caused a disruption of circulation to her brain. The plaintiff presented experts in the fields of emergency medicine (Massachusetts General Hospital), infectious disease (hospital), radiology (University of Maryland Medical Center) and physical medicine and rehabilitation (affiliation).
$7,000,000 - Settlement – Civil Rights Violation Causes Death.
An 18-year-old with a history of mental illness was shot nine times by the police during a wellness check leaving him in critical condition and permanently paralyzed. He ultimately succumbed to his injuries and died approximately four years later.
$4,700,000 – Settlement – Delay In Delivery Results In Cerebral Palsy.
A 29-year-old pregnant woman presented to the hospital complaining that she did not feel her baby moving. The baby was 38-weeks gestational age. A delay in delivering this baby boy resulted in the baby being diagnosed with cerebral palsy.
$3,000,000 – Settlement – Complaints Of Chest Pains Ignored Resulting In Death.
A 49-year-old wife and mother presents to a walk-in clinic complaining of chest pains. After being seen by a nursing assistant and a nurse, she is seen by a physician who orders x-rays and blood work. His plan is to “await test results.” She is discharged with a diagnosis of acid reflux. She is discharged before receipt of the blood test results. She was found unresponsive by her son the next day. She was transported to a local hospital where death was pronounced.
$2,500,000 – Settlement – Work Place Accident Results In Permanent Injury.
A 40-year-old father and husband was working on a ladder at a construction site when he fell from the ladder. He fell approximately 15 feet from the ladder, suffered bilateral ankle fractures, underwent multiple surgeries on both ankles and ultimately had bilateral ankle fusions. He is now permanently totally disabled. No fall protection safeguards were installed or in use and no safety systems were installed or in use to protect or prevent him from falling off the ladder.
$2,425,000 – Settlement – Defective Machinery Results In Partial Amputation.
Failure to properly and regularly inspect machinery for defects causes partial amputation of right hand of a 36-year-old husband and father.
$2,100,000 – Settlement – Bicyclist Hit By Motor Vehicle Resulting In Death.
A 42-year-old married man with three children was riding his bicycle when he was hit and killed by a motor vehicle.
$1,900,000 – Settlement – Misread Ekg Results In Death.
A 39-year-old husband and father went to his primary care physician complaining of chest pain. An EKG was performed and read as normal. Two days later, he was found by a co-worker deceased at his desk. An autopsy revealed that the cause of death was coronary artery disease. If the EKG had been read correctly two days prior, we contend that he would have been treated for the disease and more likely than not would have survived.
$1,500,000 Settlement – Delay In Diagnosis Results In Death.
A delay in diagnosis of lung cancer in a 62-year-old woman results in death.
$1,500,000 – Settlement - Delay In Diagnosing Cervical Cancer.
A 34-year-old wife is left infertile due to numerous misread pap smears that required her to undergo a radical hysterectomy.
$1,400,000 Settlement – Delay In Intervention Following Surgery Results In Paralysis.
A 74-year old woman underwent a vascular and interventional radiology embolization. During the post-procedure observational period, she developed decreased strength in her bilateral lower extremities. Her concerns went unanswered until some three hours following the procedure at which time an MRI revealed swelling resulting in paralysis. She had no movement in her legs or feet and had no sensation from her knees down.
$1,400,000 – Settlement – Delay In Diagnosis Of Acute Right Arm Ischemia Results In Amputation.
The delay in diagnosis of acute right arm ischemia results in multiple surgeries and eventually the complete amputation of two fingers and partial amputation of three fingers on the right hand of a 42-year old mother of two small children.
$1,300,000 Settlement – Injury During Multi-level Spinal Surgery Leads To Paralysis.
A 49-year old gentleman presents to a local hospital complaining of right-side pain and a swollen arm. He is referred to his primary care physician and a local neurosurgeon. He returns to the emergency room four days later complaining of upper back pain and worsened swelling of his right hand. An MRI of the cervical spine was performed which revealed, among other things, stenosis. He is directed to go directly to a nearby hospital and is admitted. A CT of the spine was done which showed severe stenosis. Three days later, he underwent spinal surgery and discharged the following day. He is seen again by the neurosurgeon 12 days later in an office visit follow up. His next follow-up visit wasn’t for another 15 weeks. During that time, he received physical therapy which notes indicated that he had right upper extremity pain, numbness, decreased strength of his right grip, wrist, elbow, should and an unsteady gait. A second multilevel spine surgery was performed. He suffered a right paralysis during this surgery possibly from a mechanical or vascular injury. He remains with right sided paralysis and limited mobility.
$1,300,000 – Settlement – Motorcycle V. Motor Vehicle Accident Causes Traumatic Brain Injury.
A pizza delivery driver made an abrupt left turn in front of a motorcycle causing the motorcycle to skid into the vehicle. The driver of the motorcycle hit his head on the ground which resulted in a traumatic brain injury. He experienced headaches, fatigue, memory loss and difficulty concentrating and speaking. An MRI of the brain revealed that he had a subdural hematoma. Subsequent neuropsychological testing showed cognitive impairment and deficits. The motorcycle driver continues to suffer with these injuries.
$1,250,000 – Settlement – Birth Injury At Delivery.
As a result of the failure to deliver a baby girl in a timely manner, she was deprived of oxygen in the hours leading up to her eventual birth resulting in cerebral palsy.
$1,000,000 – Settlement – Delay In Diagnosis Of Bladder Cancer Results In Death.
After years of complaining of blood in his urine to his primary care physician, a 70-year-old man succumbs to bladder cancer. If the cancer had been detected at an earlier stage, we contend that he would have been treated for the disease and more likely than not would have survived.
$950,000 – Settlement – Delay In Diagnosis Of Melanoma Results In Death.
The delay in diagnosing a melanoma in a 50-year-old married man’s eye results in his death.
$925,000 Settlement – Delay In Transfer Results In Death.
A 57-year-old man dies of cardiac arrest, secondary to cardiac shock as result of ST elevation myocardial infraction due to delay in transferring.
$850,000 – Settlement – Failure To Treat Dvt Results In Death.
Failure to treat a blood clot in a 71-year-old married man results in death.
$850,000 – Settlement – Workplace Injury Causes Amputation.
A 45-year-old man was injured while at work due to defective machinery causing half of his left arm to be amputated. There were no safety mechanisms on the machine to prevent this type of incident.
$850,000 – Settlement – Mistake During Surgery Results In Leg Amputation.
A healthy and active 43-year-old wife and mother fell and suffered a left meniscus tear. As a result of this injury leg she underwent a left total knee replacement. After the surgery she began to experience significant pain and stiffness in her left knee. Thereafter, she underwent a left revision total knee reconstruction. During this surgery it was noted by the surgeon that the hardware inserted during the first surgery was set for the right knee, not the left knee. Because of this damage done by the improper hardware, she has to undergo an above the knee amputation.
$775,000 Settlement – Death By Overdose Of A Prescription.
A 68-year old married man had a long history of chronic pain. His primary care physician prescribed prescription medication to alleviate some of his pain which medications included Methadone tablets (an opioid used to treat pain). He took the prescriptions as prescribed by his doctor. He was found dead by his wife. An autopsy was performed and the cause of death was listed as acute intoxication due to the combined effects of methadone and antidepressants.
$750,000 Settlement – Delay In Diagnosis Of Prostate Cancer.
A 58-year old man begins PSA screening tests. Over a period of eight years, his PSA results continued to rise until the result of 80.05 ng/ml is finally reported. He consulted with Dana Farber Cancer Institute and enrolled in an 18-month combination chemotherapy/hormone therapy clinical trial. He ultimately succumbed to prostate cancer and passed away.
$750,000 Settlement – Brachial Plexus Injury At Birth.
A first-year resident assessed the labor status, developed and carried out a delivery plan of a high-risk pregnancy resulting in shoulder dystocia during delivery of a baby boy. This now young boy has limited functional movement of his right arm and a contracted wrist.
$750,000 – Settlement – Motor Vehicle Accident.
A 17-year-old girl was a passenger in a vehicle that left the road and collided with a tree resulting in numerous injuries, some of which are permanent.
$750,000 – Settlement – Delay In Diagnosis Of Kidney Disease.
A 34-year-old woman is diagnosed with kidney disease after years of treating at a local walk-in clinic. At each visit at the clinic, her blood pressure was checked and recorded as high. No treatment was recommended for her hypertension for approximately four years at which time she was diagnosed with moderate to severe vascular disease. Today, this young woman still waits for a kidney donor for a transplant and undergoes dialysis three days a week. She will be on a lifetime of medications and steroids.
$675,000 – Settlement – Motor Vehicle Accident.
A 37-year-old woman was struck from behind on the highway by a truck. The impact sent her vehicle airborne resulting in numerous injuries some of which are permanent.
$675,000 – Settlement – Workplace Accident Results In Permanent Injury.
While working on a construction project, a 48-year-old father was standing on a ladder set up by another subcontractor when the ladder unexpectedly collapsed causing him to fall to the ground and sustain severe injuries to his right leg. These injuries and damages resulted from the negligent placement of the ladder which rendered it unreasonably dangerous to users. He has permanently lost the range of mobility in this foot which will restrict his mobility and activities throughout the remainder of his life. He continues to use a cane to assist him in walking and getting around.
$500,000 Settlement – Nerve Damage After Foot Surgery.
A 56-year old married gentleman presented to a local medical facility complaining of right heel pain and right arch pain. X-rays revealed a right plantar spur. Shortly thereafter, he treated with a podiatrist who reviewed the films and diagnosed him with the right plantar spur and plantar fasciitis. He received an injection which did not relieve the pain. A right heel spur surgery was scheduled and performed. During the surgery a metal burr broke off in the area of the heel spur and an attempt to retrieve it was made but not completed. During the attempt to remove the burr an instrument was used that caused permanent tissue/nerve damage. The burr was removed approximately one month from the date of the original surgery. This gentleman continues to suffer from debilitating pain in his right foot.
$500,000 Settlement – Fall At Nursing Home Results In Death.
An 88-year old gentleman was admitted to a local nursing home for the purpose of rehabilitation. At this time, he was deemed a fall risk although no fall precautions were in place. He was found on the floor on an overnight shift. He died as a result of the injuries he sustained from the fall.
$500,000 Settlement – Delay In Diagnosis Results In Death.
A 63-year-old married man dies due to delay in diagnosis of kidney cancer.