Kerri Downes, 22, discovered a lump in her right breast while showering. She went to Axia Women’s Health, where she was seen by a nurse practitioner, Eileen Carpenter. Carpenter diagnosed fibrocystic breast changes, and a follow-up exam was scheduled for two weeks later. At this appointment, Carpenter again diagnosed bilateral…
Articles Posted in Medical Malpractice
Missouri Supreme Court Rejects Plaintiff’s Argument Regarding Failure to Provide Affidavit of Merit Required for Medical Malpractice Cases
Alfred J. Giudicy appealed the circuit court’s judgment dismissing his medical malpractice case without prejudice after he chose not to file an affidavit of merit within 180 days. The filing deadline is required under § 538.225. Giudicy argued that § 538.225 violates the Missouri Constitution. It was also contended by…
$1.34 Million Jury Verdict for Failure to Rule Out Ovarian Cancer
Chasidy Plunkard, 40, experienced pelvic pain and irregular bleeding. After undergoing a transvaginal ultrasound and diagnosed as having a cyst in the right ovary, she was referred to an osteopath, Dr. Charles Marks, who did an endometrial biopsy. The biopsy was interpreted as benign. Dr. Marks allegedly told Plunkard that…
$725,000 Settlement in Failure to Perform Adequate Cardiac Workup
Mr. Doe., 66, presented to a hospital emergency room shortly before midnight, complaining of chest pain. He underwent an EKG and testing of his troponin levels; both tests allegedly were “nonspecific.” After Doe began belching excessively, treating physicians and medical providers allegedly administered a gastrointestinal cocktail. Doe fell asleep and…
$9.1 Million Jury Verdict in Failure to Notify Doctor of Addendum to CT Scan Report
When Linda Smith began experiencing abdominal pain, bloating and diarrhea, she consulted a gastroenterologist. The doctor ordered a CT scan. It was interpreted by a radiologist, Dr. Jonathan Foss, showing an unremarkable pancreas. Approximately two and a half years later, Smith read through the radiologist’s addendum to her medical chart,…
$325,000 Settlement Reached in Hospital’s Failure to Administer Fluid and Blood Products
Julius D’Amico, 73, was admitted to Bryn Mawr Hospital for surgery to treat what was believed to be an infection in her arm AV graft used for hemodialysis. During the surgery, she lost blood and fluid volume, which led to a postoperative decrease in her blood pressure, blood volume and…
$175,000 Settlement for Improper Wound Treatment Leading to Gangrene, Revision Surgery
Mr. Doe, a diabetic who suffered from peripheral vascular disease, underwent a partial leg amputation. While undergoing inpatient rehabilitation, Mr. Doe developed symptoms of a gastrointestinal bleed and was readmitted to the hospital. During Mr. Doe’s 5-day stay, his attending medical providers did not assess his surgical stump and nurses…
$1.4 Million Settlement for Failure to Diagnose Liver Cancer
Daniel Scavetta, who had a history of intravenous drug abuse, began seeing internist Dr. James Agresti. Dr. Agresti prescribed Suboxone. After a colonoscopy revealed multiple polyps, including one that was too large to remove, Scavetta was referred to a colorectal surgeon, Dr. Joel Nizen. A CT scan showed a 1.9…
Illinois Supreme Court Affirms Appellate Court Reversing Trial Court’s Refusal to Allow Plaintiff to Redesignate a Controlled Expert Witness to Consultant
Alexis Dameron was held in contempt for refusing to comply with the Circuit Court of Cook County’s discovery order. Under the order, she was required to disclose the report of Dr. David Preston to the defendants Mercy Hospital & Medical Center and several physicians who were defendants in this lawsuit.…
$500,000 Settlement for Failure to Timely Diagnose and Treat Nerve Injury
Mr. Doe, age 55, underwent surgery to repair a ruptured tendon in his right bicep. After the surgery, he complained to Dr. Roe, the surgeon, that he had numbness and tingling and could not feel his right hand. Dr. Roe ordered an x-ray and allegedly told Mr. Doe that a…