Verdicts and Settlements of Tallahassee Lawyers Hinkle & Foran: Medical Malpractice Cases, Car Accident Cases, Trucking Accident Cases and More

MEDICAL MALPRACTICE

PRODUCT LIABILITY

PREMISES LIABILITY

MOTOR VEHICLE NEGLIGENCE

OTHER AREAS OF LIABILITY

MEDICAL MALPRACTICE
Minor Child v. OB/GYN

An excited mother–to–be visited a doctor to whom she entrusted her own care and the well-being of her baby boy. Little did she know that during a brief fling shortly after her first marriage ended, she had been infected with HIV. She was soon married again and had no idea she was HIV positive. Because it wasn’t “standard procedure” with OB/GYNs at the time, the doctor didn’t test the mother for HIV. Therefore she wasn’t treated and as a result her newborn baby contracted this horrific virus and developed AIDS. A family member who was an attorney referred the mother to Tallahassee medical malpractice lawyers Hinkle & Foran.

Estate of J.H.: Confidential Settlement

The combination of a family physician’s poor examination, unresponsive staff, and a radiologist who failed to recognize evolving pathology resulted in our client’s husband not receiving a timely diagnosis and treatment of his stroke. As a result of this medical malpractice, he died. The Tallahassee law firm of Hinkle & Foran was able to obtain a $1,350,000 wrongful death settlement for the surviving widow, an amount limited by the low insurance limits.

Estate v. Urgent Care Facility

Our client’s young wife went to a walk–in medical clinic with a severe ear infection and early indications of meningitis. The doctor failed to diagnose her condition or give proper follow–up instructions. The condition worsened and she died. Our investigation proved that the physician conducted a very brief and incomplete examination, and then tried to cover–up her medical malpractice by altering the medical records. A former FBI investigator examined the chart and found evidence of late alterations and additions. Tallahassee lawyers Don Hinkle and Lisa Foran reached a confidential settlement.

Estate v. HMO

Our client’s husband went to his family physician on a Tuesday morning with classic signs of a possible heart attack. A cardiac referral was made but scheduled for Thursday. He died of a heart attack Wednesday evening. We alleged an early referral would have allowed for treatment and our client’s husband would not have died. The case settled on the eve of trial for a confidential sum.

Estate v. Hospital

Confidential settlement where the hospital nurse injected medication into a vein, instead of a muscle, causing our client’s husband’s death.

Estate v. Hospital

Confidential settlement where the hospital nurse injected the wrong medication into the patient causing death.

Estate v. Hospital

Confidential settlement where the hospital nurse administered the wrong dose of medication to the patient resulting in his immediate death.

C.V. v. Hospital Pharmacy and Doctor

Confidential settlement where poor handwriting and miscommunication resulted in an overdose of chemotherapy causing deafness.

Estate v. Rural Hospital

Confidential settlement where the hospital nurses failed to identify postoperative bleeding and the elderly patient died.

Estate v. Urban Hospital

Confidential settlement where the hospital nurses failed to identify postoperative bleeding and the patient died.

P.B. v. Residency Program

Confidential $3,000,000 settlement for serious injuries caused by a negligent resident.

Estate v. Hospital

Confidential $2,000,000 settlement of a missed heart attack case.

Z.W. v. Multiple Defendants

A total judgment and settlement of $3,375,000 on behalf of a woman who sustained a partial spinal cord injury during surgery.

Estate of H. v. Physician and Radiologist

Confidential settlement of $1,350,000 for the survivors of a fifty year old male who died when physicians failed to diagnose a stroke.

Estate v. Emergency Room Physician and
Nurse Practitioner

Wrongful death settlement of $700,000 as a result of a misdiagnosed heart attack.

J.B. v. Physicians

Our client suffered intracranial bleeding due to excess Coumadin. The Tallahassee law firm of Hinkle & Foran later obtained a confidential settlement.

Minor Child v. Physician

Confidential settlement of $4,250,000 in a case involving a child with cerebral palsy.

Estate of W. v. Hospital and Physicians

Confidential settlement of $2,000,000 for the family of a woman who died when doctors failed to diagnose a Group A Strep infection.

Estate of C.H. v. Fitzgerald and Tallahassee
Community Hospital

Confidential settlement of a medical negligence claim involving the failure to timely treat an arteriovenous malformation. The delays resulted in the death of the clients’ teenage son.

J.H.B. v. Confidential Physician / Hospital

Our allegations of birth-related negligence resulted in a significant settlement in this unyielding malpractice claim.

VBAC: Ruptured Uterus

Medical Arbitration Award: $1,504,010 for the wrongful death of an infant due to a failure to properly monitor an attempted vaginal birth after a prior Cesarean delivery.

Confidential Settlement in Infection Case

Infectious disease malpractice, policy limits settlement for failure to properly treat endocarditis.

Estate of K.C. v. Confidential Defendants

Although the decedent was sedated prior to a MRI procedure, she was not monitored. She suffered irreversible brain damage and died nine days later. Tallahassee medical malpractice and wrongful death lawyer Ms. Foran obtained a confidential settlement.

Monk v. Doctor's Memorial

An emergency room physician failed to timely diagnose a pneumothorax caused by broken ribs sustained in an automobile accident. The ribs tore a small hole in the lung, building up pressure on the heart and other organs. Although easily treated by insertion of a small tube or needle into the chest to relieve the pressure, the doctor failed to perform this basic measure and the patient died. A confidential settlement was obtained by the Tallahassee law firm of Hinkle & Foran.

E.M. v. Doctor's Memorial

A policy limits settlement for a client who suffered neurological damage when emergency room physician failed to promptly treat an asthma attack.

Fogg v. U.S.A.

Our 11-year-old client fell while playing soccer and sustained a slipped capital femoral epiphysis, which is the most common hip injury in adolescence. Unfortunately, the Air Force physicians did not diagnose her injury and as a result, surgery was required to correct the misalignment of her hip. Medical malpractice attorney Ms. Foran was able to settle the case for $400,000.

A.M. v. Confidential Defendants

The doctor’s failure to perform a Caesarian section resulted in severe brachial plexus injury that left our client with limited mobility and sensation in his arm and hand. Medical malpractice and wrongful death attorney Ms. Foran obtained a confidential settlement.

J.F. v. Confidential Defendant

Personal injury lawyer Ms. Foran negotiated a confidential settlement for our client who sustained injuries due to negligent dental treatment.

D.W. v. Anesthesiologist

The failure to immediately re-establish an airway following extubation left our client brain damaged. Medical malpractice and wrongful death attorney Mr. Hinkle settled the case for $2,850,000.

R.G. v. Physicians

Our 23-year-old client was a physically active and attractive person. One evening she and her friends were headed to Sarasota to go dancing when an automobile pulled in their path. She was diagnosed with a tear to the posterior cruciate ligament. During this routine surgery a vein behind her knee was cut resulting in compartment syndrome. Settlements from the doctors, hospital, automobile driver and automobile manufacturer (seatbelt design issue) totaled $1,762,500.

Estate of L. v. Regional Hospital

Our client was experiencing swelling in his throat after surgery and emergency help was summoned. Unfortunately, the hospital paging system had quit working and no one had noticed. Eventually an emergency room physician was called to the patient’s room only to discover that the tracheotomy kit was missing a scalpel. The physician used a pocketknife to attempt a tracheotomy but by the time an airway was established the patient had suffered severe brain damage and ultimately died a wrongful death.

Child's Estate v. Rural Hospital

We represented the family of a 10-year-old girl who died from medical malpractice. A confidential $1,750,000 settlement was reached before trial.

McMillian v. Hospital

Jury verdict and subsequent settlement for $800,000 for client who suffered below knee amputation due to delay in treatment of a rattlesnake bite. This was a record verdict in the rural county.

Back to top

PRODUCT LIABILITY
Copeland v. Chrysler

Taking on one of the nation’s largest corporations, the Tallahassee lawyers at Hinkle & Foran once again delivered. Our client, a hard working mechanic was working at the corner garage trying to fix a customer’s truck when he asked a co-worker to crank the motor. Unfortunately the standard transmission was in first gear and the vehicle lunged forward severely breaking our client’s leg. Our client received a favorable settlement. Following the settlement of our landmark claim, interlocked transmissions became the standard and few vehicles will now start in gear, the better practice is to require that the driver apply the brake before the car will start. These product improvements have almost certainly prevented serious injuries and saved lives.

V.J. v. Toro

Jury verdict of $1,200,000 for a client who sustained burn injuries when his lawn mower ignited during fueling due to a defective mower switch.

Dalkon Shield IUD Litigation

Medical malpractice / Product Liability lawyer Mr. Hinkle represented dozens of women who were victim of this defective intrauterine device which caused pelvic infection and infertility.

L-tryptohphan Drug Litigation

Multiple million–dollar settlements for clients who sustained injury from a contaminated food supplement.

Family v. Defendants

Confidential settlement of $712,500 settlement against several defendants involving the rollover of a pickup truck due to a tire defect.

Confidential Settlement v. Above-Head Conveyor

Our client sustained neck and back injury when a conveyor in a paint shop dropped a heavy tie bar on him when a swivel stuck. Personal injury lawyer Donald Hinkle sued the designer and manufacturer of the product, which was not sold with safety chains. After our client’s injury the owner of the assembly line installed safety chains, an improvement that has almost certainly prevented serious injuries and saved lives.

Confidential Settlement v. Heavy Equipment Manufactures

Our client “jump-started” a large logging tractor while it was in gear – causing the machine to move forward and crush him to death. As a result of our case the manufacturer recalled all the machines and installed a safety switch that has almost certainly presented injuries and saved lives.

Confidential Settlement v. In-ground Conveyor

Our client was a truck driver at a lumber manufacturing facility when he stepped into an unguarded conveyor that was used to move chips. A confidential settlement was obtained.

D.W. v. New Holland

Mr. Hinkle’s client sustained a serious leg injury while exiting a “skid-steer” loader. We contended the hydraulics should not operate unless the operator is secure in the driver’s seat, as a result the case settled.

N.M., A Minor v. Royal Oak

As a curious 4–year–old, N.M. was naturally attracted to the smoldering barbeque pit next door that had been left unattended. N.M. was apparently squirting the remnants of lighter fluid on the hot coals when the coals ignited causing a “flash back” into the container. The exploding container dumped fuel on N.M. He suffered second and third degree burns to his body. Like most lighter-fluid manufacturers, Royal Oak failed to include a small screen in the container lid to prevent a “flash back”. The cost of the screen would be about 1 cent per container. The defendant denied having considered a spark–arresting screen, but decades of old documents disputed this. Fortunately N.M. had healed very well and there were minimal future medical expenses. Shriners Hospital refused to seek reimbursement or charge for their services. The minor’s claim for pain, suffering and disfigurement was settled following extensive mediation for $750,000.

E.M. v. Blount, Inc.

A client of personal injury lawyer Donald Hinkle was working on a logging operation, cutting logs intended to be used as telephone poles, during a rain shower. A co–worker, operating a crane–type loader, dropped a load of stumps and debris on E.M. causing a severe neck injury. Because of immunity created under the worker’s compensation laws, the firm was not able to sue the co–worker. Tallahassee lawyer Donald Hinkle sued the manufacturer of the log loader due to fogging of the loader’s side windows. After a very lengthy and hotly disputed mediation, the case settled, allowing the client to secure an accessible residence and live independently.

Estate of M.R. v. Toyota

Our client’s wife burned to death in her Toyota Camry. Accident reconstruction showed that the fire was fueled by an electric fuel pump, which continued to operate post-collision. Toyota Motor Company vigorously contested all issues. Prior to trial, the client accepted a significant settlement which included structured payments for the children. Most cars with electric fuel pumps now have inertia cut-off switches that cause pumps shut down in a collision preventing this type of tragedy.

B.H. v. Confidential Defendant

A young entrepreneur and mother of three was severely injured as a result of defective product. Product liability settlement was in the amount of $815,000.

Automobile Crashworthiness Litigation

Numerous confidential settlements with car manufactures for defective design or defective manufacture of their vehicles. The settlement agreements prohibit us from disclosing the nature of the defect.

Back to top

PREMISES LIABILITY
L.M., A.H. & R.H. v. Contractor

Residential fire due to incomplete construction which allowed for a gas leak. $1,200,000 settlement.

D.F. v. Florida A&M University

Our client was injured in a fall from his dorm as he followed a FAMU tradition of climbing up the outside of the staircase. We admitted that he was comparatively at fault. Mr. Hinkle, Ms. Foran and Mr. David Frank worked together to obtain a jury verdict totally apportioning liability and awarding damages of $5,000,000. Whether the State could be held responsible for its negligence was the subject of an appeal and the First District Court of Appeal reversed the jury’s verdict and declared the State immune from liability.

M.W. v. Pool Liner Manufacturers

Significant settlement for a young man who suffered a spinal cord injury after he dove into a neighbor’s pool. The pool bottom has a “pebble” pattern that camouflaged the “break point” between shallow and deep. Although our client had been in the pool many times (and watched it being built) we used experts on vision and judgment to show that the design was a dangerous trap for a teenage boy.

S.G. v. Homeowner

Jury verdict of almost $1,000,000 for a neck injury sustained by a client who dove off a dock into deceptively shallow water.

Conner v. Hinton Oil Company

Our client was beaten because the service station where he worked did not have adequate security measures. The regional oil company had the contractual right, and thus the duty, to make improvements to the premises. The jury returned a verdict of $1,000,000. The location was immediately shut down but has now reopened with adequate lighting and appropriate security.

J.G. v. Fraternity Brother

Our client was kicked in the groin by a fraternity brother. After a jury trial established insurance coverage under the defendant’s parents’ homeowner’s insurance policy, the case settled.

Anonymous Client v. Oil Company

Jury verdict of $1,000,000 for client who sustained a head injury during a late night robbery of a gas station. The station did not have adequate security measures.

Back to top

MOTOR VEHICLE NEGLIGENCE
Jung v. Lake Jackson Pizza Et. Al.

At the conclusion of trial, Tallahassee personal injury attorney Mr. Hinkle obtained a $22,500,000 judgment on behalf of his client, a brain injured infant. The defendant’s employee ran a red light while returning from a pizza delivery.

H.J. v. at Fault Driver and UM Insurer

Ankle injury settled for a total of $513,000.

Individual v. Insurance Company

Rear-end collision by Deputy Sherriff, resulting in neck fusion surgery. Settlement of $230,000.

de los Santos v. Big Daddy Trucking, et al

Wrongful death claims for migrant workers killed in truck versus van collision. Settlements total $1,200,000.

Individual v. Insurance Company

Settlement of $525,000 in a case involving a $50,000 policy when the insurance carrier failed to settle when it could and should have done so.

Individual v. Insurance Company

Settlement of $5,500,000 with an insurance company who had issued a $50,000 policy. Insurance company failed to settle the case when it could and should have done so resulting in excess award against their insured.

C.E. v. Shelton Trucking, Inc.

This was a classic “night time underride case” in which our client crashed into the trailer of a semi–truck, which had pulled out and turned left. The headlights of the truck were fully in the opposite lane, but the bed of the truck remained across the highway hidden by the bright lights on the cab. Our client sustained fractured vertebrae and various other injuries resulting in structured settlement that provided him working capital to begin his life anew with a lifetime annuity.

Estate of C.M. v. Atlanta Casualty

A teenage driver insured by Atlanta Casualty ran a stop sign resulting in the tragic death of young C.M., an elementary school student on her way to school. The insurance company failed to timely respond to a demand for policy limits and the case proceeded to litigation. Although the insurance company contended that it was not in bad faith because the demand letter was routed to a property adjustor and there was insufficient time to respond, a substantial but confidential settlement many times policy limits was achieved prior to trial.

L.B. v. Peele

The defendant ran a red light striking our client who suffered a fractured leg and diffuse axonal injury with mild cognitive deficits. After a hard fought trial, the jury returned a verdict of $724,502.

Estate v. McCaffery

Policy limits of $750,000 settlement in semi–tractor–trailer accident resulting in wrongful death. The flatbed trailer failed to have proper reflective tape down the side of to alert motorists that it was crossing the road in the dark.  As a result of this and other cases eventually the federal government required such tape and it became standard practice, thus saving lives and preventing injury.

E.F.G. v. Durden

A teenage drunk driver crossed the centerline and struck our client’s vehicle head–on, causing neurological deficits. A vigorous work–up and presentation of the case resulted in a settlement for $1,500,000.

M.E. v. Replacement Rent-A-Car

An automobile accident in which our client was hit broadside by a speeding car. Injuries from the car accident included a severe closed head injury and surgery around the eye socket. The jury awarded the $1,337,000.

Estate v. School Board

Settlement of $1,000,000 awarded on behalf of the family of a driver who was killed by a school bus driver that ran a stop sign.

Back to top

OTHER AREAS OF LIABILITY
Estate of F.G. v. Lounge and Package Store

An 18-year-old high school student was sold beer at a drive through window of a rural package store. He became intoxicated and crossed the centerline striking our client’s vehicle. Our client was in a chronic vegetative state for many months before eventually succumbing to her injuries. Our investigation determined that the female manager often served minors. The settlements of several million dollars provided for the client’s immediate needs (prior to her death) and the future of her child through the careful use of trusts, guardianships and structure settlements.

Estate v. Liquor Store

An underage drunk driver who ran a stop sign killed our client’s husband. Our investigation identified the source of his alcohol and interviews with other young people proved that the store often sold to minors. The high school cheerleaders testified that they bought beer on game nights while wearing their cheerleading uniforms. The case settled on the eve of trial for more than $1 million.

D.R. v. Palm Beach County Sheriff

For seven years, our clients, both husband and wife, operated an outstanding child day care center in Palm Beach County without any complaints or allegations of improper conduct of any kind. This all changed when a Palm Beach County Sheriff was “too quick on the trigger” and arrested D.R. on a capital felony, without probable cause, violating his Fourth Amendment rights. Although the prosecutors refused to even file a criminal case against our client, the arrest caused damage and made it impossible for their business to continue. Mr. Hinkle obtained a jury award of $2,000,000. Unfortunately, the jury’s findings were reversed.

Estate of Child v. Water Park

Our client’s child went to a water park with an Aunt. Poor lifeguard supervision allowed the child to drown. A poorly trained lifeguard saw the child on the bottom of the pool but thought he was a towel and made no immediate effort to rescue the boy. A confidential settlement was obtained prior to filing suit.

R.C. v. Farmers

Our client sustained a closed head injury after striking a wandering cow in the road. We obtained a settlement in the amount of $525,000.

C.G. v. Police Department

Our intoxicated client was in a disturbance with his sister and her son. They had calmed down before the police arrived. After the police asked, “What happened?” the argument started again and our client’s nephew threw a punch. In separating our client from his nephew, the police officers pushed him out the door and forced his head into the ground causing a subluxation of the vertebrae in his neck. Tallahassee personal injury attorney Mr. Hinkle settled the case for insurance policy limits of $500,000.

Back to top

For more verdicts and settlements, please call our office. Nothing makes us prouder than discussing how we’ve come through for clients in the past.