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MEDICAL MALPRACTICE

- CONFIDENTIAL SETTLEMENT –
Hospital fails to diagnose pulmonary embolism in young woman
A young woman and mother of two young children presented to a hospital with the classic signs and symptoms of pulmonary embolism/blood clot in the lung (chest pain, shortness of breath, cough, etc. However, despite this, the hospital not only failed to properly diagnose her with pulmonary embolism, but it did not even perform the proper testing to rule out this life-threatening condition. The hospital claimed that it did not commit malpractice and that if it did, the end result would have been the same. At trial and just before jury selection, the hospital entered into a confidential settlement.


- CONFIDENTIAL SETTLEMENT AMOUNT -
Hospital patient contracts Hepatits C due to negligent use of insulin pens
During hospital admission for alcohol abuse, 49 year old diabetic man received insulin injections for diabetes. One month after his discharge, this man (along with several hundred other patients) received a letter from the hospital advising that there may have been misuse of hospital insulin pens. Specifically, there was the possibility that insulin pens which were designed to be used multiple times on the same patient may have been negligently shared with other patients. Although blood tests conducted by the hospital were initially negative for hepatitis and other viruses, this man subsequently tested positive for Hepatitis C at an outside facility. In defending the case, the hospital’s team of attorneys claimed that insulin pens were properly used, that the man contracted Hepatitis C after the hospital admission and that his cirrhosis of the liver was due to years of chronic alcohol abuse. After discovery documents were exchanged and before a single hospital employee had to be deposed, the parties agreed to settle this matter for a confidential amount. This settlement was achieved due to the most diligent and persistent efforts of Mr. Kauffman, who is believed to be the only attorney in New York to successfully sue the hospital for its alleged misuse of insulin pens.


- $3,900,000 Total Recovery -
Failure to timely diagnose bone infection/osteomyelitis
After undergoing orthopedic surgery for a fractured leg, a young man developed an infection of his leg bone, which went undiagnosed by the treating orthopedic surgeon and other medical professionals. As a result, this man required additional surgical procedures. The defendants claimed that they properly and timely diagnosed this man's condition at all times and that there was no malpractice. At trial, a Nassau County jury found that there was medical malpractice and awarded this young man $3,900,000.

- Multi-million Dollar Total Recovery -
Failure to timely diagnose bone infection/osteomyelitis/amputation
After undergoing orthopedic surgery for a fractured leg sustained in a motor vehicle accident, a young woman developed an infection of her leg. Because this infection went undiagnosed by the treating orthopedic surgeon, radiologist, hospital and other medical professionals, this woman required additional surgical procedures, including an above the knee amputation. The defendants claimed that they properly and timely diagnosed this woman's condition at all times and that there was no malpractice. Prior to trial, the parties reached a confidential multi-million dollar settlement.

- Multi-Million Dollar Recovery – Structured Settlement
Erb's palsy
In delivering an otherwise healthy newborn baby, the defendant obstetrician exerted excessive force on the baby's head and neck. As a result, the newborn sustained permanent injuries to his brachial plexus, causing a neurological condition/injury known as Erb's palsy. Prior to trial, this matter was resolved in a multi-million dollar structured settlement.

- $2,000,000+ Total Recovery –
Misread pap smear studies delayed diagnosis of cervical cancer
Two women whose pap smear results were misread by laboratory, causing delay in diagnosis of cervical cancer. As a result, it was claimed that their prognosis was significantly affected. The defendants maintained that an earlier diagnosis would not have affected the course of medical treatment. After extensive negotiations, this matter was resolved in excess of $2,000,000.

- $775,000 -
Surgical error results in loss of kidney
49 year old woman underwent surgery to remove a small mass in her kidney. However, during the surgery, the urological surgeon mistakenly placed a surgical clip on her ureter, which resulted in post-operative complications. Because this condition was not timely diagnosed and treated, the ureter was damaged. Subsequently, this woman was required to have her entire kidney removed. As trial of this matter was scheduled to begin that very day, the parties agreed to a $775,000 settlement.

- $500,000 Total Recovery -
Nursing home & hospital’s failure to treat elderly woman leads to skin ulcers & death
A 74 year old woman was admitted to the hospital after suffering a severe fracture of her leg. For the next six months, this woman was treated at the hospital and a nearby nursing home. During this time, this woman was diagnosed with decubiti ulcers (skin ulcerations) of her lower extremities, which developed and progressed over time. As a result of her condition, she required multiple surgical procedures on her heel and lower extremities, before eventually passing away. In defending this case, the hospital and nursing home maintained that they did not commit medical malpractice, and that this woman’s condition, injuries and medical treatment were unavoidable consequences of her underlying condition, which included old age, infirmity, immobility, prior leg fracture, diabetes and vascular issues. After this matter was vigorously defended throughout the litigation, the defendants and their insurance carriers finally agreed to resolve the matter for $500,000 just before trial.

- $500,000 -
Contraindicated test results in kidney damage to renally compromised patient
76 year old man was being treated by a vascular surgeon for an unrelated condition involving blood flow problems to his toes. This vascular surgeon ordered that a contrast-dye CT scan be performed to evaluate the patient's vascular condition. Unfortunately, neither the vascular surgeon nor the radiologist who performed the CT scan checked the patient's pre-CT scan blood lab results, which showed marked kidney dysfunction, which should have prevented the performance of the ordered test. As a result, the man sustained contrast-induced nephropathy and required dialysis several years earlier than he otherwise would have. After the vascular surgeon and radiologist blamed each other, the parties agreed to a $500,000 settlement.

- $500,000 Total Recovery –
Failure to timely diagnose woman’s kidney condition leads to loss of kidney
After a 68 year old woman required a cystectomy (surgical removal of the bladder) due to bladder cancer, one kidney drainage tube was placed into each kidney. However, post-operatively, she developed recurrent urine leaks and infections. After one year of repeated leaks, infections and stent placements, one kidney lost function, requiring the woman to undergo a nephrectomy (the surgical removal of a kidney). It was claimed that the surgeon should have timely diagnosed that this woman had a double collection system (an extremely rare congenital condition where two ureters drain the same kidney, instead of one ureter), and required a second drainage tube into the kidney. The defendant surgeon claimed that he was always aware of the double collection system, that no second drainage tube was required and that the kidney lost function due to required procedures over a one year period. After this matter was vigorously defended and marked “no pay” by the doctor and his insurance carrier for years, they finally agreed to resolve the matter for $500,000 after summations, during jury deliberations and just before the jury was to render its verdict.

- $500,000 Total Recovery -
Colonoscopy results in perforated colon
During biopsy removal, a man's colon was perforated, requiring repair surgery. The defendant claimed that because perforation is a known risk of this procedure and was diagnosed timely, there was no medical malpractice. The defendant doctor further claimed that this man healed well and sustained no permanent injuries or condition. At trial, a jury determined that the defendant doctor committed malpractice and awarded this man $500,000.

- $467,000 Total Recovery -
Infiltration Injury to Baby Girl Causes Ankle Scarring
After an extremely premature baby girl was born, she was put in the pediatric intensive care unit for intravenous nutrition and antibiotics. While there, the intravenous line infiltrated, meaning that the fluids which were supposed to go through the line and into the blood vessels seeped into the surrounding tissues instead. As a result, the child’s right ankle sustained a cosmetic deformity, but without any functional limitation. The insurance company’s defense was that the infiltration was a risk of the child’s prematurity. After extensive settlement negotiations, this matter was amicably resolved. In order to maximize the child’s financial recovery, the settlement monies were then placed in an investment vehicle which will result in the child receiving over $467,000.


- $450,000 Total Recovery -
83 Year Old Nursing Home Resident Fell and Not Timely Cared for, Resulting in Death
An elderly woman was a long-term resident of a nursing home for several years, due to underlying chronic medical conditions (diabetes, congestive heart failure, etc.). To prevent stroke, this woman took blood thinning medication, which carries with it an increased risk of internal bleeding. After falling while getting out of bed, she injured her leg. However, rather than promptly performing x-rays, there was a delay in doing so. When x-rays were performed later that day, this woman fractured her leg. Although this should have prompted immediate transfer to a hospital, this woman was not admitted to a hospital for over 24 hours following her accident. Upon admission to the hospital, blood tests revealed significant internal bleeding, which required immediate blood transfusion to stabilize this woman’s blood pressure. However, instead of doing so, the hospital delayed this transfusion and merely repeated blood labs nine hours later, with these blood labs showing further evidence of massive internal bleeding. Despite receiving a blood transfusion at that time, it was too late. Due to hypervolemic shock caused by internal bleeding, the woman slipped into a coma two days after her hospital admission and passed away shortly thereafter. Just before trial, the nursing home and hospital agreed to each pay $225,000, resulting in a total settlement of $450,000.


- $350,000 -
Colonoscopy results in perforated colon, requiring surgical repair
Subsequent infiltration of IV line into right hand, causing injury to dominant hand

58 year old woman went to a hospital owned and operated by NYC for a routine colonoscopy. During this procedure, the doctor perforated the woman’s colon, requiring surgical repair. Post-operatively, an IV line for medication was placed into this woman’s dominant hand. However, the IV line infiltrated, meaning that the medications which were supposed to go into the blood vessels instead leaked into the surrounding tissues. As a result of this infiltration, this woman sustained weakness and numbness, and required therapy and medication. The attorney for the hospital claimed that perforation was a well-known risk of the colonoscopy. The defense attorney further argued that the infiltration was also a known complication of having an IV line, and that the infiltration was promptly diagnosed and properly treated. After extensive negotiations, and before depositions, the matter was resolved early on in the litigation process for $350,000.

- $340,000 -
Bilateral leg Amputation due to Nursing Home Negligence
68 year old diabetic man was nursing home resident who was undergoing chemotherapy treatment for bladder and prostate cancer. While at nursing home, this man began to have pain in his right leg, which progressed over the next month into both legs, with numbness, tingling, sensory, skin and temperature changes. After one month, client was then transferred to hospital, where he was diagnosed with a clot and underwent surgery and subsequent amputations of both legs. Unrelated to the claimed malpractice, client passed away one year later. On behalf of client, Mr. Kauffman claimed that nursing home failed to properly and timely examine client and should have promptly admitted him to hospital for evaluation and treatment. Insurance company for nursing home claimed that client’s vascular condition was a result of his underlying medical history, which included smoking, diabetes, chemotherapy medications which carried the risk of clotting and peripheral vascular disease. Insurance company further claimed that client was going to require the eventual amputations no matter what treatment was promptly rendered. After the insurance company failed to make a settlement offer, Brad A. Kauffman aggressively prepared matter for trial, consulting with various experts. After a jury was selected in the matter, insurance company reluctantly agreed to settle case for $340,000.

- $217,000 -
Negligent Tatoo Removal Causes Keloid Scarring
A young woman sought to have a tattoo removed from her upper arm. After a doctor attempted to remove the tattoo using an outdated dermabrasion (and not the appropriate laser) technique, the woman was left with keloid scarring on her upper arm. This matter was resolved, with a total payout of $217,000.



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