$1.6 million settlement

The parents of a young girl brought suit on their daughter's behalf against their obstetrician for failing to respond when baby's heart rate dropped after the performance of an external version to correct a breech presentation. The baby survived, but as a result of the failure to perform a timely C-section she went without oxygen and developed cerebral palsy, resulting in a need for lifelong medical care. The case was settled for $1.6 million.

$1.375 million settlement

A baby girl was seen by her pediatrician when she was four days old. The pediatrician noted the girl had lost 11 percent of her body weight since birth, had an elevated respiratory rate and had abnormal coloring of her skin – all possible signs of hypernatremic dehydration. However, this condition was not diagnosed or treated, and as a result, the dehydration worsened and caused the girl to suffer a brain injury. Bartimus Frickleton Robertson Rader attorneys alleged the pediatrician was negligent for not diagnosing and treating the dehydration. The parents of the girl brought suit on her behalf. The case settled for $1.375 million. Attorneys involved were Mike Meyer and Jim Bartimus.

For more insight, you can read the MO Lawyers weekly article:

https://molawyersmedia.com/2018/06/05/girl-receives-1-3m-medical-negligence-settlement/?loggedout=true

$1.375 million settlement

A baby girl was seen by her pediatrician when she was four days old. The pediatrician noted the girl had lost 11% of her body weight since birth, had an elevated respiratory rate and had abnormal coloring of her skin – all possible signs of hypernatremic dehydration. However, this condition was not diagnosed or treated, and as a result, the dehydration worsened and caused the girl to suffer a brain injury. Bartimus Frickleton Robertson Rader attorneys alleged the pediatrician was negligent for not diagnosing and treating the dehydration. The parents of the girl brought suit on her behalf. The case settled for $1.375 million. Attorneys involved were Mike Meyer and Jim Bartimus.

For more insight, you can read the MO Lawyers weekly article:

https://molawyersmedia.com/2018/06/05/girl-receives-1-3m-medical-negligence-settlement/?loggedout=true

$1 million settlement

A 35-year-old female went to her allergist with complaints of shortness of breath and chest tightness. She was evaluated and determined to have tachycardia. The physician told the plaintiff that her symptoms were associated with her recently diagnosed asthma. However, in order to determine if the plaintiff was suffering from a respiratory infection, the defendant ordered a chest X-ray, which was found to be normal. The plaintiff was sent home with instructions to report any further complaints to the defendant.

The following day, the plaintiff again reported to the defendant’s office with the previous day’s symptoms. Without ordering any further testing, the physician reassured the plaintiff that her complaints were all signs and symptoms consistent with asthma and sent her home. Her symptoms persisted until, four days later, she lost consciousness and became cyanotic.

She was immediately transported via ambulance to a local emergency room with acute onset of respiratory arrest. The women was intubated when she presented to the emergency room and transferred to the ICU, where she became markedly cyanotic and coded at least twice. Following a CT scan, she was quickly diagnosed as suffering from massive bilateral pulmonary emboli.

As a result of the massive bilateral pulmonary emboli, the plaintiff suffered an anoxic brain injury requiring numerous surgical procedures and extensive follow-up care. Mike Rader settled the case on behalf of the family for $1 million.

$1 million settlement

A 50-year-old man went to his primary care physician complaining of shortness of breath, lower leg pain, back pain, and lower leg swelling. Prior to this visit the man had been otherwise healthy. The doctor did not perform any type of diagnostic tests to determine whether or not deep vein thrombosis and/or pulmonary embolism were present and erroneously diagnosed him with bronchitis and prescribed an antibiotic.

Two days later, the man was rushed to a local hospital where he was eventually diagnosed with a massive pulmonary embolus. It was also determined he had lower extremity deep vein thrombosis. After several days in the ICU, the man passed away from a resulting anoxic brain injury. The case was settled for $1 million.

$950,000 Wrongful Death Settlement

Michael Rader represented the spouse of 55-year-old man who needlessly died during a routine surgery. Plaintiff was diagnosed with an adrenal adenoma and a week later, the surgeons performed a left aderenalectomy. During the procedure, the physicians removed what they thought was plaintiff’s left adrenal gland. In fact, they had erroneously removed the tail portion of his pancreas which went undiagnosed until eventually discovered by CT a week later. As a result of the extensive damage caused by the pancreatic removal, Plaintiff’s condition slowly deteriorated causing his untimely death. 

$750,000 confidential settlement

During labor and delivery, the obstetrician defendant became impatient with the speed of delivery and decided to speed it along with use of a vacuum. This created shoulder dystocia and the baby’s right shoulder became stuck. Attempts to remove the jammed shoulder resulted in a permanent brachial plexus injury of the baby’s right arm. A suit was filed on behalf of the baby and the mother and a settlement was reached for $750,000.

$453,000 verdict

The case of Rachel Hulstine’s forced premature birth is believed to be the first medical malpractice verdict reached in the history of Taney County, Missouri. The suit proposed that Rachel’s early birth resulted in the development of cerebral palsy. Rachel, now 11 years old, has seizures, chronic pain in her legs, feet, hips, and back, and a lack of coordination in her legs.

The key issues in this case related to whether or not Rachel was premature. Babies born at 36 weeks gestational age and older are considered term babies. Rachel’s gestational age at birth was 36 weeks, although the defense claimed her gestational age was 38 weeks based on her mother’s last menstrual period and a second-trimester ultrasound. A nurse who examined Rachel within three hours of her birth determined that Rachel was 36 weeks gestational age.

Additionally, Rachel’s treating doctor believed the delivery should not have been induced and that Rachel was a premature baby. Notably, the defendant in the case called Rachel’s treating doctor in an attempt to pressure him into changing his opinions in the case. It didn’t work.

The defense claimed that Rachel’s delivery was induced because her mother had early preeclampsia and that Rachel was in fact a term baby and not premature when she was born. The defense also claimed that Rachel’s cerebral palsy was a result of a long umbilical cord and her mother’s circumvallate placenta.?

The case was at trial for eight days and the jury deliberated for 11 hours. The defendant offered no money to settle the case at any time prior to the jury’s verdict, which was reached for the amount of $453,000 to cover the costs of Rachel’s future medical care needs.

$260,000 Judgement in Johnson County

On October 20, 2017, Mike Meyer, along with Ryan Fowler and the late Tom Pickert, obtained a $260,000 medical malpractice verdict in Johnson County, Kansas.  

On August 19, 2014, Plaintiff, a 57-year-old female, underwent a procedure to remove a portion of her colon. During the course of the procedure, the defendant doctor cut the plaintiff’s left ureter twice. The two cuts caused a loss of blood flow to a significant portion of plaintiff’s left ureter, leaving it irreparable. The ureter is necessary for the kidney to function. As a result, the plaintiff’s left kidney, although healthy, had to be removed. The plaintiff claimed the defendant failed to take appropriate steps to identify and protect the left ureter, and that, had he done so, the two cuts would have been avoided, and the left kidney would not have been lost. The defendant argued that injuries to the left ureter are a known complication of this procedure and that plaintiff had a distorted anatomy that made the cuts unavoidable. After four hours of deliberation, the jury returned a verdict for the plaintiff and found she had been caused pain and suffering in the amount of $260,000.


Through tireless advocacy, the team obtained a verdict in this case just days before the tragic loss of Tom Pickert, a friend and colleague. Our thoughts and prayers are with his family, friends, and loved ones.  
 

$830,622 verdict

Carole Kraft presented at an emergency room complaining of numbness and tingling. The emergency room physician ordered a series of tests, including a chest X-ray. The doctor made a preliminary read of the chest X-ray, found it to be normal, and sent her home. The following morning a radiologist read the chest X-ray and dictated a report that described a 2-centimeter spot on her lower left lung. The defendant indicated in his report that pulmonary neoplasm was a possibility and could not be ruled out.

These findings did not reach Kraft for nearly three years, when a body scan showed that her body was riddled with cancer. Plaintiffs claimed that the doctor failed to directly communicate his findings to any doctor or to Kraft. A verdict was reached for $830,622.11.