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Virginia Malpractice Settlements and Jury Verdicts, Part 3

  • October 26, 2006 Verdict for $4,000,000. Plaintiff, age 38, became pregnant and was at a higher risk for infants born with Down Syndrome due to her age. Plaintiff sought neonatal care from defendants. Defendants told plaintiff that she could not test for Down Syndrome until 16 to 18 weeks of age, which plaintiff felt was too late in the pregnancy for an abortion. Plaintiff's children were then born with Down Syndrome. Plaintiff sued, alleging the defendants were negligent as it was possible to conduct the chromosomal test at 11 to 12 weeks, early enough for plaintiff to obtain an abortion. The jury sided with the plaintiff, rendering a verdict of $4,000,000.
  • June 26, 2006 Verdict for $3,325,000. Plaintiff child presented to defendant radiologist with complaints of significant depression. The defendant conducted a CT scan and reported no abnormalities. That day, plaintiff was admitted to the hospital without a copy of the scan and later died from significant cerebral edema. The plaintiff's parent brought suit, alleging the defendant had deviated from the standard of care by improperly reading the CT scan. The jury sided with the plaintiff, rendering a verdict of $3,325,000 that was adjusted to 1,700,000 per the statutory cap.
  • June 9, 2006 Verdict for $2,250,000. A plaintiff suffered an on-the-job injury and underwent a myelogram. During the surgery, defendant surgeon injected the wrong contrast material into the spinal cord, and the plaintiff immediately began convulsing. A later X-Ray showed hip fractures, and plaintiff therefore underwent bilateral hip replacement surgery. Plaintiff sued, alleging that because of the injection of the improper contrast material, plaintiff's subsequent seizures caused the fractures.
  • January 16, 2006 Verdict for $1,200,000. In May 1997, plaintiff took a PSA (prostate-specific antigen) test, which returned a score of 1.4. In 2002, plaintiff took another test and was told the results were normal. In 2004, another test returned a score of 7.1, indicating high chance of prostate cancer. Upon contacting the defendant hospital for a copy of the test results for the 2002 test, plaintiff was told they were misplaced. Plaintiff got in touch with the lab for a copy and was told the score was 4.4. Plaintiff brought suit, alleging negligence for misplacing results and incorrectly reporting results, causing plaintiff to not catch the cancer until it was late stage. Jury sided with the plaintiff, rendering a verdict of $1,200,000.
  • October 14, 2005 Verdict for $1,550,000. Plaintiff was prescribed BuSpar by defendant physician after complaining of anxiety. Shortly after, plaintiff began experiencing muscle aches, pains, tingling, and numbness. However, over a period of about three months, plaintiff was unable to reach the doctor and was told by associates that the health issues were side effects of the medicine. Finally, plaintiff lost his fine motor skills and had difficulty walking. Defendant was dismissive of his condition, and plaintiff was eventually hospitalized and diagnosed with inflammation of the spinal cord. Plaintiff instituted action, claiming defendant failed to diagnose him in a timely manner despite his complaints. The jury found for the plaintiff, rendering a verdict of $1,550,000.
  • February 17, 2005 Verdict for $1,374,500. During spinal surgery, defendant surgeon accidentally injected contrast fluid into the plaintiff's spinal canal instead of the cervical disc. As a result, the brain showed a coating of fluid. Plaintiff suffered toxic brain encephalopathy. Plaintiff sued, alleging the defendant improperly inserted the contrast material in the wrong location, causing brain injury. The jury found for the plaintiff, rendering a verdict of $1,374,500.
  • January 1, 2005 Settlement for $1,100,000. Plaintiff underwent radiation treatment 36 for prostate cancer at defendant hospital. After experiencing intense pain and constipation, the plaintiff's treatment was discontinued. Defendant discovered that the plaintiff had received unintended treatments through an open port that was supposed to be closed. The plaintiff brought action, alleging the defendant acted negligently in failing to properly monitor the equipment during radiation.
  • October 18, 2004 Verdict for $1,200,000. Plaintiff underwent surgery. Following surgery, plaintiff complained of stomach bloating, and a scan revealed an abdominal mass. The hospital conducted exploratory surgery and found a small surgical towel. Plaintiff brought action against defendant hospital and surgeons, alleging the defendants had breached the standard of care by leaving a surgical towel in his body. The jury found for the plaintiff, rendering a verdict of $1,200,000 that was reduced to $800,000 due to the statutory cap.
  • July 14, 2004 Verdict for $1,500,000. Plaintiff underwent surgery for a torn rotator cuff and was administered pain medication by defendant anesthesiologist. Plaintiff suffered a droopy eyelid, neck pain, and tingling and numbness in his arm post-surgery. Plaintiff filed suit, alleging that despite his refusal to receive the medication, it was administered anyway, causing the permanent nerve damage. The jury found for the plaintiff, rendering a verdict of $1,500,000.
  • September 24, 2003 Verdict for $1,000,000. Plaintiff's ophthalmologist scheduled surgery with defendant surgeon, marked plaintiff's right eye, and completed paperwork for right eye surgery. However, paperwork at defendant's office became mixed up, and defendant instead operated on the plaintiff's left eye. Plaintiff did not receive surgery on her right eye until two weeks later, but at that point, her vision had deteriorated so much that she was legally blind. Plaintiff brought action against the surgeon, arguing he improperly ignored the right eye prep and paperwork. The jury found for the plaintiff, rendering a verdict for $1,000,000.
  • September 1, 2003 Verdict for $2,000,000. Plaintiff underwent rotator cuff surgery. During surgery, defendant inserted a catheter and overfilled the bladder by about 3000 ccs, causing the bladder to become distended. As a result, the plaintiff now must self-catheterize 7 times a day. Plaintiff sued, alleging the nurse failed to monitor the catheterization properly and intervene fast enough to fix issues. The jury found for the plaintiff, rendering a verdict for $2,000,000.
  • March 24, 2003 Settlement for $1,250,000. Plaintiff was admitted to the emergency room with abdominal and back pain and nausea on January 14 but was not admitted to the hospital. The next day, plaintiff was diagnosed with mild pancreatitis and was prescribed pain medications. Plaintiff remained in touch with physician but was not examined. On February 2, due to worsening conditions, plaintiff was evaluated for Cushing's disease. A CT scan was administered, and it was discovered that plaintiff had necrotizing pancreatitis. Plaintiff was subsequently hospitalized, where he remained until his death two months later. Plaintiff's estate brought suit, alleging that plaintiff's January pancreatitis diagnosis required a hospital stay and monitoring, which did not occur. The parties agreed to settle at $1,250,000 at mediation.
  • February 2, 2002 Settlement for $1,000,000. Plaintiff presented to chiropractor with back and chest pain and shortness of breath. Defendant chiropractor performed two adjustments. After leaving the defendant's office, the plaintiff died of heart complications. Plaintiff's estate brought suit, alleging defendant failed to rule out a cardiac condition. The parties agreed to settle for $1,000,000 at mediation.
  • February 1, 2002 Verdict for $6,357,030. Defendant physician failed to give mother of infant plaintiff antibiotics during childbirth when she had an infection. Plaintiff then developed streptococcus and an aneurysm, resulting in death. Plaintiff's mother brought action, alleging defendant failed to properly administer medicine, resulting in her infant's death. The jury found for the plaintiff, rendering a verdict of $6,357,030 that was capped at $1,500,000 per statute.
  • September 1, 2001 Verdict for $3,500,000. Defendant OB/GYN used excessive force during childbirth, causing infant plaintiff to suffer injuries that resulted in Erb's Palsy. Plaintiff's mother sued, alleging defendant failed to perform a Caesarean section due the long labor. The jury sided with the plaintiff, rendering a verdict of $3,500,000 that was reduced to $1,000,000 per state cap.
  • May 1, 2001 Settlement for $1,375,000. Plaintiff, who had a history of drug addiction, underwent surgery. Post-surgery, he was placed on a combination of Dilaudid, Methadone, and Xanax, all depressants. A day later, a nurse greatly increased the medications when the plaintiff complained of pain. The plaintiff then overdosed, becoming unresponsive. Drugs were administered to counteract the narcotics, plaintiff was intubated after respiratory arrest, and plaintiff was then discharged without a neurological evaluation. Plaintiff, however, suffered from severe brain injury. Plaintiff brought suit, alleging the medications should not have been increased, defendants did not properly monitor his condition, and drugs were not administered in a timely fashion to counteract the narcotics. The parties agreed to settle at $1,375,000 at mediation.
  • January 20, 2000 Verdict for $2,173,118. Plaintiff was cared for by defendant OB/GYN over a period of 16 months, during which multiple abnormal pap smears resulted. Plaintiff complained then of irregular bleeding, and the defendant recommended dilation and curettage. The plaintiff sought a second opinion and was diagnosed with cervical cancer. Despite undergoing treatment, she passed six months after diagnosis. Plaintiff's estate brought action, alleging that defendant failed to conduct a full investigation of the abnormal pap smear results, resulting in a diagnosis that came too late. The jury found for the plaintiff, rendering a verdict of $2,173,118.
  • October 15, 1999 Settlement for $1,300,000. While being treated for auto accident injuries at defendant hospital, defendant anesthesiologist inserted an epidural that resulted in severe brain damage. Plaintiff now must living in a nursing home. Plaintiff sued, alleging anesthesiologist used an improper procedure and the hospital failed to have proper equipment for resuscitation. The parties agreed to settle for $1,300,000 at mediation.
  • January 1, 1999 Settlement for $1,000,000. Defendant OB/GYN monitored growth of plaintiff's child. During the last 7 weeks of pregnancy, the fetus failed to grow. At childbirth, the infant required resuscitation and a ventilator. The plaintiff sued, alleging that the defendant failed to investigate the lack of growth. The parties agreed to settle at $1,000,000 at mediation.
  • November 3, 1998 Verdict for $3,800,000. Plaintiff sought treatment via alternative medicine from defendants for his Crohn's disease. Defendants gave plaintiff a machine to blow ozone into his bowels. As a result, a large mass grew in plaintiff's colon, obstructing his bowels. Plaintiff had to undergo surgery that removed the mass, as well portions of his intestines and colon. Plaintiff sued, alleging defendants were negligent in using improper treatments and practicing without medical licenses and without proper supervision. The jury found for the plaintiff, rendering a verdict of $3,800,000.
  • November 21, 1997 Verdict for $2,750,000. Plaintiff presented to defendant OB/GYN on September 13 with a femur length that was not compatible with her 32 weeks of gestation. Though she was scheduled for a September 28 birth, defendant pushed her due date back to November 8. As such, the child was delivered by emergency C-section on October 12 when the mother experienced severe abdominal pain, and the infant was born with severe brain injuries. The plaintiff sued, alleging the defendant failed to account for restricted fetal growth and improperly postponed the birth date. The jury found for the plaintiff, rendering a verdict of $2,750,000.
  • January 1, 1997 Verdict for $2,045,000. Plaintiff was hospitalized twice and eventually passed away. An autopsy revealed the plaintiff had bacterial pneumonia. Plaintiff's estate brought suit, alleging that the defendant had failed to perform an X-ray and diagnose the infection. The jury found for the plaintiff, rendering a verdict of $2,045,000 that was capped at $1,000,000 per statute.
  • February 20, 1996 Verdict for $3,000,000. Plaintiff was admitted to the hospital with back and shoulder pain, then discharged. Plaintiff was re-hospitalized with shoulder and leg pain. Defendant neurologist conducted a lumbar tap and CAT scan and found no issues. Plaintiff, in fact, had a cyst at T10 that went undiagnosed and resulted in paralysis two weeks later. Plaintiff brought suit, alleging failure to timely diagnose and perform a more complete CAT scan resulted in more severe injury. The jury found for the plaintiff, rendering a verdict of $3,000,000.
  • November 9, 1995 Verdict for $2,500,000. Defendant cardiologist performed two electrocardioversions. During the procedure, plaintiff suffered a stroke that left her paralyzed and with cognitive issues. Plaintiff brought action, alleging the defendant failed to sufficiently anticoagulate her. The jury found for the plaintiff, rendering a $2,500,00 verdict that was capped at $1,000,000.
  • February 11, 1993 Verdict for $1,250,000. Plaintiff underwent surgery for a tumor and subsequently experienced respiratory issues. Defendant administered heart medication, anesthesiologist attempted intubation, medication was ordered, and a tracheotomy was performed. Though defendant began breathing again, he suffered permanent brain damage and subsequently died. Plaintiff sued, alleging all defendants failed to properly diagnose the upper airway obstacle. The jury found for the plaintiff, rendering a verdict of $1,250,000.
  • November 23, 1992 Verdict for $4,000,000. Plaintiff presented to defendant with chest pains. Defendant concluded that cardiac issues did not cause chest pains after conducting stress tests. Plaintiff then later suffered a heart attack and passed away. The plaintiff's estate sued, alleging that the stress test revealed heart disease and that the defendant should have begun immediate treatment. The jury found for the plaintiff, rendering a verdict of $4,000,000.
Client Reviews
When my sister was killed, we turned to Miller & Zois to fight for us. They stood by us every step of the way and we ended up getting more money than we asked for. C.B. (Baltimore City)
My prior lawyer was not able to get the insurance companies to offer a single penny in my case. Then my lawyer referred me to Ron and Laura. It was a long fight and they fought for me every step of the way. My case settled for $1.31 million. A.A. (Baltimore City)
I did not get an offer for my case because the insurance company said they were denying coverage. My lawyer then referred me to Miller & Zois. After Miller & Zois got involved, the offer was raised to $150,000. We thought that was not fair so Miller & Zois took my case to arbitration. Our case was well prepared and perfectly executed. The arbitrator awarded me $405,000. R.V. (Anne Arundel County)
I refer all of my serious injury cases in Maryland to Miller & Zois because they turn over every last stone to maximize the value of their case. The last case I referred to them settled for $1.2 million. John Selinger (New York personal injury lawyer)
As former insurance defense lawyers, Miller & Zois 'know the other side's playbook'. Lawyers Weekly USA