Cases Against The Government

$44,717,681 Trial Judgment

An infant was injured at birth as a result of pregnancy induced hypertension at the Sheppard Air Force Base Hospital, which resulted in a profound brain injury. Our client recovered $15,752,732 net-to-client with lifetime benefits.

$32,676,410 Trial Judgment

At Darnall Army Community Hospital in Fort Hood, Texas, a doctor’s improper use of forceps crushed a baby’s skull, leading to massive brain damage, requiring lifetime care. $23,250,000 was awarded on appeal and $18,967,710 was received by the clients, including lifetime benefits.

$21,592,643 Trial Judgment

Our client went to the Manchester Veterans Affairs hospital with a minor stroke. The providers failed to diagnose the cause of his stroke and failed to prevent a second, larger stroke—causing our client locked in syndrome. We received a $21,592,643 trial judgment and our client recovered $15,884,511.98 in trust for clients with lifetime benefits. Other fees include $5,398,160.76 for attorneys’ fees and $309,970.29 in litigation expenses.

This was the largest individual personal injury award in New Hampshire history against the Manchester VA system for medical malpractice. We won $21.5 million in damages for veteran Michael Farley and his family for medical malpractice. According to The Washington Postbefore our firm’s record win in 2015, the previous highest award in New Hampshire was in a 2012 pharmaceutical case later overturned by the U.S. Supreme Court. Since The Boston Globe expose on the Manchester VA hospital in July 2017, the federal government removed two top officials and ordered an investigation.

Like Mr. Farley, there are many victims of medical malpractice at the Manchester VA. Dr. William “Ed” Kois, former head of the Manchester VA spinal cord clinic, along with 11 physicians and staff contacted a federal whistle-blower agency saying that the Manchester VA endangers patients. The US Office of Special Counsel found a “substantial likelihood” of legal violations, gross mismanagement, abuse of authority, and a danger to public health. Victims of VA medical malpractice at the Manchester VA need experienced lawyers fighting for their rights.

Contact us today if medical malpractice at the Manchester VA injured you or a loved one. If you were injured by medical malpractice, you may be entitled to money damages from the VA. Veterans and their families can sue the VA for medical malpractice.  You can win damages for pain and suffering and for lifetime medical costs, therefore your medical care can be outside of the VA system.  Our lawyers are ready to help you seek justice and compensation for your injuries.

$18,708,734 Trial Judgment

At Fort Hood Army Base in Killeen, Texas, providers failed to properly respond to a fetal heart rate monitor, causing the child to suffer a hypoxic-ischemic encephalopathy. A post-trial settlement resulted in $12,000,000 and $8,704,761 was received by the clients with lifetime benefits. Other fees include $3,000,000 in attorneys’ fees and $295,238 in litigation expenses

$13,690,648 Trial Judgment

Navy doctors failed to properly prescribe prenatal vitamins containing folic acid which resulted in our client suffering a devastating spinal cord injury known as spina bifida. We settled the case for $12,500,000 and the client received $9,183,752 including lifetime benefits. Other case fees include $3,125,000 for attorneys’ fees and $191,248 in litigation expenses.

$10,000,000 Settlement

During delivery, our client’s fetal monitoring alerted providers to multiple episodes of bradycardia that went ignored. Failure to properly interpret fetal monitoring and failure to properly resuscitate at birth caused global brain damage. Our client recovered $7,384,854 with lifetime benefits. Other case fees include $2,500,00o for attorneys’ fees and $115,143.23 in litigation expenses.

$8,750,000 Settlement

An Army employee fell asleep at the wheel of a car and rear ended a stalled vehicle at 85 miles per hour. We settled the case for $8,750,000. Other case fees include $2,187,500 for attorneys’ fees and $228,448 in case expenses.

Case details

A U.S. Army employee was returning from military training and was driving down a Texas highway headed east in his own personal vehicle. On the same road, a vehicle fire had blocked and backed up traffic for at least two hours. The weather and roadway was dry and without rain. State troopers were present on the scene and directing traffic. At some point, the Army employee fell asleep at the wheel of a car and crashed into a line of cars backed up from the fire. He was driving at 85 miles per hour. The first car struck was occupied by two passengers and they were both wearing their seatbelts. There were no skid marks left by Army employee’s truck, indicating that he did not apply his brakes. The car was totaled. The frame, windows, and panels were all broken and demolished. One passenger was air-flighted to the hospital in critical condition. The other passenger was pronounced dead at the scene. The Army vehicle collision into the first car with so much force, it was forced into a Ford F250 pickup truck, which in turn crashed into a silver Chevrolet Dually pickup truck. All cars and trucks—other than the Army employee’s—were stopped and waiting for the fire to clear. When the Army employee woke up, he exited his vehicle and asked witnesses “Did I do this?” He refused medical attention multiple times. After the crash, a state trooper approached him to ask him questions about what happened, but he said he wanted his lawyer and refused to answer any questions. We represented the family and pursued the case against the U.S. Government for negligence.

$6,500,000 Settlement

We settled this case against the Air Force after doctors and nurses at a Florida medical center provided too much oxytocin to our client and failed to monitor her labor and delivery, causing cerebral palsy in her child. The clients received $4,581,969. Other case fees include $1,625,000 for attorneys’ fees and $285,061 in litigation expenses.

$5,800,000 Settlement

During labor and delivery, the Army doctors and healthcare providers failed to timely and properly respond to the baby’s heart rate monitor causing the child to suffer permanent and severe brain damage as a result. The clients received $4,106,711 with lifetime benefits. Other case fees include $1,450,000 for attorneys’ fees and $33,666 in litigation expenses.

$5,117,473.50 Trial Judgment

Military providers failed to provide our client, a child, the Prevnar vaccinations against pneumococcal pneumonia. When our client contracted pneumonia, the Air Force clinic failed to diagnose it, leading to a kidney transplant. The client received $3,475,648 with lifetime benefits. Other case fees include $1,279,368 for attorneys’ fees and $412,914 in case expenses.

$5,000,000 Settlement

The Army failed to diagnose aortic dissection, which resulted in the death of a mother and a permanent brain injury to her child. The clients received $3,649,997 with lifetime benefits. Other case fees include $1,250,000 for attorneys’ fees and $100,002 in litigation expenses.

$5,000,000 Settlement

Army doctors failed to timely diagnose and treat aortic dissection in a pregnant woman, which caused her death and left the infant with a permanent brain injury. She presented to the hospital three days earlier with radiating chest pain, but was discharged, despite an abnormal electrocardiogram. We settled the case for $5,000,000.

Case details

Towards the end of a healthy pregnancy, Gwendolyn Spratling presented to Martin Army Community Hospital in Georgia at the end of her third trimester complaining of sharp chest pain, radiating to her neck and jaw. She also reported nausea. She was given a fetal non-stress test with normal results and a normal fetal heart rate. But Gwendolyn had an abnormal electrocardiogram. Despite this abnormal result, her chest, neck and jaw pain was dismissed as secondary to anxiety and she was discharged with no additional evaluation, cardiac or otherwise.

Three days later Gwendolyn went out to dinner with her husband and family. After dinner, she felt increasingly tired and experienced chest pain that became severe. Her family took helped her to her husband’s car. Mr. Spratling drove her to Martin Army Community Hospital, with her parents following behind in their car. In transit to the hospital, Gwendolyn lost consciousness and arrested. Providers performed an emergency cesarean section due to the agonal heart rate of the baby, and delivered her baby. Sadly, Gwendolyn died minutes later. An autopsy revealed that Gwendolyn suffered from an acute Type A aortic dissection with extension into the left main and left anterior descending coronary arteries.

Army doctors were negligent in failing to timely diagnose and treat Gwen’s aortic dissection. Heart disease is the most common cause of maternal death, and pregnancy a known risk factor for aortic dissection in women under the age of 40, particularly in the third trimester. Had Army providers performed a cardiac workup when Mrs. Spratling presented with radiating chest pain, including a CT scan, it would have been evident that she required emergency heart surgery. Her child could have safely been delivered by Cesarean section without injury, and her life would have been spared. More likely than not, Gwendolyn and her infant would have survived the surgery, free of injury. As a result of the negligence of government providers, Mrs. Spratling lost her life at the age of 23 and her baby suffered both the loss of his mother and a permanent brain injury due to oxygen deprivation that he endured as Mrs. Spratling was dying. This double tragedy that took one young life and forever marred another was completely avoidable, had providers investigated and treated Mrs. Spratling’s cardiac symptoms.

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