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$925,000 Settlement

An expecting mother was admitted at term with vaginal bleeding and severe abdominal pain. A cesarean section was performed, but much later then it should have been. A placental abruption was noted at the time of the delivery, and her baby was diagnosed with cerebral palsy. He is wheelchair dependent, non-verbal, and requires 24/7 care. Our client received $543,892. Other case fees include $308,334 and $145,871 in case expenses.

$850,000 Settlement

Our client suffered an above the knee left leg amputation due to medical negligence and failure to timely treat a vascular condition at the Alaska VA Medical Center. The VA itself determined that it committed medical malpractice that caused Mr. Hodges amputation. He was a very active and healthy person that worked outdoors. Our clients received $673,926. Other case fees include $170,000 for attorneys’ fees and $6,073 in litigation expenses.

$850,000 Settlement

An obstetrician failed to properly treat a woman in labor with non-reassuring fetal heart rate and contraction patterns. This required an urgent cesarean section delivery, which was delayed. As a result, the child suffered a permanent brain injury. $334,692 was placed in a trust for the client and $130,897 paid in medical bills. Other case fees include $283,333 for attorneys’ fees and $111,078 in case expenses.

$775,000 Settlement

A United States Postal Service truck failed to yield at an intersection and t-boned our client causing nerve injuries in her leg. This case involved multiple experts, epidemiologists, and biomechanics experts. We settled this case before trial. The clients received $340,000. Other case fees include $193,750 for attorneys’ fees and $241,250 in litigation expenses.

Schulte v. United States

$775,000 Settlement

A cardiopulmonary bypass machine (CPB) malfunctioned during a patient’s heart bypass surgery, requiring the machine to be turned off for it to be repaired. During the time the machine was turned off, the patient was not being supplied with oxygenated blood. He suffered a stroke that resulted in his death several days later. Our client received $489,519. Other case fees include $258,334 for attorneys’ fees and $17,571 in case expenses.

$700,000 Settlement

Our client was misdiagnosed by U.S. Government health care providers at Lakenheath Medical Center in the United Kingdom. Their negligence caused permanent damage to her spinal nerves and resulted in a neurogenic bowel and bladder which requires catheterization and manual dis-impaction of her bowel. She is not able to walk normally and if she does walk, she will be couch bound the next day. As a result of her injuries, she was diagnosed with cauda equina syndrome (CES). Our client is no longer able to perform basic housekeeping, cooking, lawn care, or grocery shopping. The prognosis from her pain doctor is that she will indefinitely suffer from pain and nothing can be done to lessen her symptoms. She describes this experience and her injuries as the “hardest, most terrifying” experience of her life. Government health care providers failed to properly investigate, recognize, rule out, diagnose and intervene timely for our client’s cauda equina syndrome. Had imaging and surgery been performed earlier, permanent damage to her spinal nerves would not have occurred and she would not be burdened with a neurogenic bladder and bowel. Our client received $555,587. Other case fees include $140,000 for attorneys’ fees and $4,412 in litigation expenses.

$650,000 Settlement

A woman was exiting a restroom at a restaurant and fell on the stairs immediately outside of the restroom. The stairs were dimly lit and poorly marked. She suffered a severe ankle injury. Our client received $405,549. Other case fees include $216,666 for attorneys’ fees and $21,321 in case expenses.

$600,000 Settlement

A physician at Heart of Texas Community Health Center, a federally funded health care facility in Waco, Texas, failed to properly diagnose and treat a postpartum infection and serious inflammation of the myometrium. Two weeks after giving birth by cesarean section, our client went to the Heart of Texas clinic with complaints of dry cough, sore throat, headache, and fever. At the time, there were several children at home with the same complaints. Notably, she was also complaining of severe abdominal pain on the right side of her abdominal incision. The physician failed to perform a full exam, including failing to order a complete blood count to rule out abdominal infection as a potential source of the patient’s severe abdominal pain and other symptoms. Had he performed a complete history and physical, he would have, more likely than not, discovered signs and symptoms consistent with an abdominal infection for which intravenous antibiotic treatment and hospitalization were required. Instead, our client was sent home to die of septic shock and disseminated intravascular coagulation, a condition in which blood clots form throughout the body, blocking small blood vessels.

Two days later, our client collapsed in a parking lot. Her husband began CPR until the paramedics arrived and she was rushed to the Emergency Room, where they were unable to revive her. Her death was preventable. As a result of negligent care by the physician, our client suffered an untimely death. U.S. Government healthcare providers failed to properly investigate, recognize, and diagnose an intrauterine infection. She was a young mother who left behind three minor children, one of whom was a newborn who will never know his mother. Our clients received $424,481. Other case fees include $150,000 for attorneys’ fees and $25,518 in litigation expenses.

$575,000 Settlement

Saginaw VA Medical Center health care providers failed to adequately monitor a patient’s blood thinner medication and testing, which resulted in his blood becoming too thin and his risk for bleeding much higher than normal. When our client presented to the Saginaw, Michigan VA, his INR (blood clotting test) value was abnormally high. Despite his high INR value, it was not checked again during repeated subsequent visits to the VA facility. The patient fell at his home and hit his head, suffering a brain bleed that his doctors could not operate on because his bleeding risk was too high for surgery. Due to injuries sustained from the fall, he developed progressive neurological deterioration. He was put on life support, and died shortly after. He was an active man who led a busy life with his family. Our clients received $425,597. Other case fees include $143,750 for attorneys’ fees and $5,652 in litigation expenses.

Preventable Death

Unfortunately, this was a preventable death. Our client had been put on blood thinners since being diagnosed with atrial fibrillation, a condition that causes an irregular heartbeat and increases the risk of stroke and heart disease. The standard of care requires the dosage of blood thinner medication to be closely monitored with timely INR testing. Our client was compliant with his treatment regimen. He was careful and responsive to INR testing levels. On the other hand, U.S. Government healthcare providers at the Michigan VA facility knew our client was a fall risk. When he complained about dizziness upon standing, they told him to avoid standing too quickly. Knowing he was a fall risk—and knowing that his INR was steadily increasing—medical providers should have re-checked Mr. LaFontaine’s INR and implemented a different and closely monitored treatment plan to stabilize his INR, but they failed to do so.

$500,000 Settlement

Our client experienced severe back pain and numbness in his left leg after reaching for something and heard a popping sound. He went to the Long Beach VA Medical Center in a wheelchair. This alone should have been concerning when providers learned that our client does not normally require a wheelchair. X-Ray and MRI imaging showed that our client’s spinal cord was being impinged. He also described a history of incontinence. A subsequent bladder scan revealed definitive, red-flag signs of spinal cord impingement. He was on powerful pain medications which demonstrated the pain he felt. However, he was discharged without medical providers addressing the spinal cord compression. Our client was finally examined by a neurologist after he had received multiple doses of opiates and steroids IV. This examination failed to consider the masking power of the opiates and steroids. And no action was taken to explain or address the retained urine. He presented with multiple red-flag symptoms of spinal cord compression, yet no neurosurgical intervention was provided for him. Research has shown the importance of surgical intervention within 48 hours of presentation to prevent the development of Cauda Equina Syndrome (CES), a condition that occurs when the nerve roots of the cauda equina are compressed and disrupt motor and sensory function to the lower extremities and bladder. As a result of California VA medical providers’ delay in diagnoses and failure to promptly provide neurosurgical intervention, our client suffered greatly. Now he is unable to work and cannot perform basic household chores and daily activities. The negligence of California VA medical providers at the Long Beach VA Medical Center and West Los Angeles VA Medical Center caused our client’s cauda equina syndrome. Our clients received $392,764. Other case fees include $100,000 for attorneys’ fees and $7,235 in litigation expenses.

Bicycle Accident Settlement

Our client was riding a bicycle in the appropriate wide shoulder of the road when suddenly a truck turned in front of him, causing our client to collide violently with the front quarter panel of the truck. He suffered serious, permanent, and disabling injuries in the accident. Our client received $272,640. Other case fees include $139,720 for attorneys’ fees and $23,042 in case expenses.

Trucking Settlement

A truck pulling a trailer made an unsafe lane change and forced another vehicle into the concrete barrier separating north and southbound highway lanes. The vehicle was totaled, and the passenger of the vehicle was treated for serious shoulder and neck injuries. Our client received $228,444 and $328,085 in paid medical bills. Other case fees include $340,000 for attorneys’ fees and $18,530 in case expenses.

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National Trial Law | Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC 1114 Lost Creek Blvd.Ste. 410 Austin, TX 78746

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