$9.25 million settlement

The firm negotiated a $9.25 million settlement for a woman who was diagnosed with ventricular tachycardia, or irregular heart rhythm. She chose to go through cardiac ablation, a procedure that uses energy or heat to kill problematic tissue. During the procedure, the surgeon erroneously ablated the coronary artery; this caused a heart attack, and the patient ultimately required both a heart and kidney transplant.

$7.4 million verdict

A verdict of $7.4 million in a medical malpractice lawsuit arose from the wrongful death of a 50-year-old woman following gastric bypass surgery. The woman suffered a perforation, which went undiagnosed for several days. Finally, tests were ordered and she was taken to surgery but died on the operating table from overwhelming sepsis.

$6.75 million settlement

In the late evening, plaintiff, then a one-month old baby, began grunting persistently. This continued overnight. The next day the plaintiff’s mother took him to his pediatrician’s office. There, plaintiff was seen by a nurse practitioner. The nurse practitioner did not consult a doctor or order any tests. Instead, she diagnosed the plaintiff with an ear infection and sent him home. The following afternoon, the plaintiff was taken to the emergency department, and diagnosed with a permanent brain injury known as meningitis. Then firm’s attorneys alleged the plaintiff’s persistent grunting was a red flag that required the nurse practitioner to order tests and consult a doctor. Further, those tests would have shown the plaintiff had a simple infection when he was seen in the pediatrician’s office. If IV antibiotics had been started soon after, the baby would not have suffered a brain injury. The case settled before trial for $6.75 million.  


$3.5 million settlement

The parents of a seven-year-old boy brought a suit on his behalf for a brain injury he suffered at birth. Shortly after his mother went into labor, she went to the defendant’s hospital. The defendant’s doctor administered a drug called Pitocin. Pitocin is used to increase the strength and frequency of a mother’s contractions and is intended to be administered until the contractions reach a certain level. Bartimus Frickleton Robertson Rader alleged the defendants negligently increased the Pitocin to unsafe levels, which caused the mother’s uterus to rupture. The rupture caused the baby to be deprived of oxygen-rich blood, and resulted in a brain injury. The attorneys on this case were James P. Frickleton and Mike Meyer.

You can read more here: https://molawyersmedia.com/2018/01/26/settlement-resolves-suit-over-brain-injury-at-birth/

$3 million settlement

An 18-year-old high school senior went to an oral surgeon's office to have his wisdom teeth extracted. While there, he suffered respiratory arrest and was taken by ambulance to a local hospital, then transferred by life-flight to a regional medical center. The teen was diagnosed with anoxic encephalopathy, or brain damage from lack of oxygen.

An investigation revealed that the nitrous oxide tank in the oral surgeon’s "bottle room" had actually been connected to the oxygen line. The young man was in a coma for two months, during which time he was transferred to a specialty rehabilitation hospital. With the help of a dedicated staff and his own tremendous effort, he made a remarkable recovery. He was able to walk and talk, but remained cortically blind with brain damage and spasticity.

A number of parties were named as defendants. Bartimus Frickleton Robertson Rader attorneys reached a settlement with the installing plumbers for their policy limits of $3 million. Later, through mediation, a settlement was reached with the other parties for a confidential amount.

$3 million settlement

A 47-year-old female was diagnosed with a possible thyroid follicular neoplasm and went to the hospital for a right thyroid lobectomy. From there, she was transferred from the operating room to the post-anesthesia care unit (PACU) and then to a short stay room.

Post-operative bleeding following a surgery near the trachea, such as the thyroid lobectomy, is a well-known complication that can quickly obstruct a patient’s airway. Following surgery, the plaintiff began exhibiting signs of post-operative bleeding in her neck that went untreated.

As a result of the delay in treating her post-operative bleed and failing to timely secure her airway, the plaintiff suffered a hypoxic/ischemic brain injury and suffers from permanent cerebral dysfunction. The plaintiff and her spouse filed suit against the hospital and physicians asserting claims of negligence. During the course of litigation, attorneys Jim Frickleton and Mike Rader settled the case on the client’s behalf for $3 million.

$2.375 million confidential settlement

A baby was born to a mother with past medical history of herpes. The delivering obstetrician failed to check for open sores before allowing the mother to deliver the baby vaginally. Shortly after delivery, the nurse observed open herpes sores on the baby, and there was a delay in reporting these sores to the neonatologists in the neonatal unit.

By the time the baby was finally treated with anti-viral medication, it was too late. The baby’s nervous system was permanently damaged. The child is mentally impaired and bound to a wheelchair. The case was settled for $2.375 million.

$ 2 million settlement

The firm obtained a $2 million settlement for a young child who developed a traumatic brain injury (hypoxic ischemic encephalopathy) due to improper fetal heart monitoring during labor and delivery. Experts were used in the fields of obstetrics, labor and delivery nursing, neonatology, pediatric neurology, neuroradiology, life care planning and economics. Michelle Marvel was the attorney on this case.

$2 million settlement

A 31-year-old mother of three suffered persistent bleeding following a miscarriage. She reported to the emergency room, and the next day, to an obstetrics/gynecology clinic. Despite her severe bleeding, lab studies were not ordered and she was sent home. Her husband found her on the floor unconscious. She was rushed to the hospital but was severely anemic and in septic shock and as a result suffered severe permanent debilitating injuries. Her case was settled for $2 million.

$1.7 million confidential settlement

A young mother with a history of kidney stones went to the ER with right-side abdominal pain and vomiting. She was released with pain medication. The plaintiff returned to the ER hours later with the same symptoms and was again sent home with pain medications. She returned to the ER a third time that evening and was finally admitted to the hospital.

A CT scan showed a kidney stone and she was diagnosed with a kidney infection that had spread to her blood system. Her condition quickly worsened before she was finally stabilized and the infection was under control. However, the damage had been done, resulting in an amputation. The case was settled for $1.7 million.