Medical Malpractice Verdicts & Settlements
Estate v. Health System
Confidential wrongful death settlement with Surgeon and Hospital where client was discharged with symptoms of pneumonia. Patient became septic before he could return and because of the delay in diagnosis and treatment could not be saved.
MA v. Remote Neurologist
The trend towards remote medicine, where a doctor on the other end of an Internet connection treats a patient, is troubling. We represented a woman whose stroke was not diagnosed. One reason was that the doctor appeared on the video monitor and was not able to test her gait or reflexes. A confidential settlement was reached.
Patient v. Health Care Providers
Confidential settlement of a case arising from a medication induced lung transplant. Medication side effects must be monitored and considered as a cause of pulmonary fibrosis.
Patient v. Hospital
Confidential settlement for family of a patient who died as a result of alleged nursing negligence.
Minor Child v. Orthopedic Surgeon
Confidential settlement for young athlete who sustained a cut nerve during shoulder surgery, resulting in permanent impairment. While nerve injury can be a risk of the procedure, in this case the nerve was cut and the surgeon did not dispute liability.
Minor Child v. Hospital
Confidential medical malpractice settlement for this West Florida child who suffered sepsis following abdominal surgery. We contended that she became dehydrated following the operation and that cascaded into sepsis and life-threatening conditions. The settlement is structured in a special trust that will protect her eligibility for benefits and allow her the lifetime of care and treatment to which she is entitled.
Estate of Teenage Boy v. Family Practice Clinic
Confidential settlement for the family of a teenager who confided in his family physician that he was thinking about suicide and was placed on an antidepressant known to cause suicide in teenagers. Two weeks later he committed suicide. Suicide malpractice cases are very difficult and malpractice attorney Donald Hinkle spent a great deal of time and effort developing the case.
Young Boy v. Urologist
Confidential settlement for a child who suffered a testicular torsion which was not promptly treated. Malpractice attorney Lisa Foran handled this case. The failure to promptly diagnose and treat testicular torsion is medical malpractice.
Minor Child v. Radiologist
Confidential settlement for a three-year-old who sustained a stroke after a brain scan was misread. The doctor who committed medical malpractice failed to identify a penetrating injury to the child’s soft pallet and thus failed to diagnose and treat her condition. Attorney Donald Hinkle used trusts and annuities to ensure the child has the resources to maximize her recovery and have a lifetime of care.
Estate of T. v. Hospital and Physician
Confidential settlement for the family of a woman who had a tonsillectomy and died. Following removal of her tonsils, this woman was given opioids and not carefully monitored. She had obstructive sleep apnea but was not provided with a CPAP machine. The use of narcotics and opioid drugs is very dangerous, especially following surgery and in patients that are obese or have sleep apnea. This patient was not closely monitored and her loss was devastating to family. Attorney Donald Hinkle settled this case the night before trial was to begin.
Baby A. v. OB/GYN
Confidential medical malpractice verdict for a child who suffered hypoxic injury due to immature lungs when his delivery was induced at 38 weeks. At the time his labor was induced, obstetricians felt that lungs were mature at 38 weeks, but that is not true of all babies. Some require a full 40 weeks of gestation. We contend it was negligent to induce the delivery of a child, unless medically necessary, and that the doctor was gambling the lungs would be mature. In this case, the baby’s lungs were immature, requiring that he be transferred to Shands Hospital for ECMO (Extracorporeal Membrane Oxygenation).
Estate of Baby v. OB/GYN and Hospital
Confidential medical malpractice settlement on behalf of a physician and his wife whose baby died following a failed attempt at vaginal birth after cesarean section (VBAC). During labor, there were signs of distress and a uterus starting to rupture that were not acted upon. The uterus ruptured just before the baby was delivered, resulting in catastrophic brain damage. Following delivery, the baby had severe seizures and was briefly on life support before dying. Attorney Donald Hinkle was able to prevail in a case requiring several appeals.
Estate of Client v. Hospital
Confidential medical malpractice settlement for a minister’s wife who suffered an abdominal hernia. The Emergency Department physician ordered that she be given liquid contrast to drink for purposes of an abdominal CT scan. The scan showed the hernia and a stomach full of contrast solution. The Emergency Department doctor then sedated the patient and attempted to push the loop of intestine back through the hernia. The pushing caused the patient to vomit the stomach full of contrast which, because she was sedated, aspirated into her lungs, causing her death. Attorney Donald Hinkle was able to settle the case before trial.
Baby v. OB/GYN
Confidential settlement of an obstetric medical malpractice case involving a vaginal birth after cesarean attempt (VBAC) which resulted in hypoxic injury to the child. The mother’s uterus ruptured during the VBAC attempt. Fortunately, the child survived, unlike other cases we have handled where the child died. Attorney Donald Hinkle was able to make a recovery for the benefit of the child and established a guardianship to provide benefits over its lifetime.
Estate of Baby v. OB/GYN and Hospital
Confidential medical malpractice settlement for the wrongful death of a baby resulting from the uterine rupture of the mother attempting a vaginal birth after cesarean section (VBAC). While historically, it was deemed that mothers who once delivered by cesarean would always deliver by cesarean, based on some carefully-controlled studies in teaching hospitals, where laboring mothers were carefully monitored, VBAC attempts were often successful. When a VBAC is attempted is imperative that the mother be carefully monitored and that the doctor not use Pitocin or other stimulants. In this case, a VBAC was attempted but the doctor was negligent in ordering Pitocin, and the doctor was negligent in failing to closely monitor the progress of the labor. The result was a rupture of the uterus resulting in the baby entering the mother’s abdomen, where she was found during the belated Cesarean Section. The baby suffered a catastrophic hypoxic brain injury. After a short time on life support, the baby died. The mother had been told that 99% of VBAC attempts were successful, but not that the 1% could result in the baby suffering brain damage or death. Much of the litigation in the case involved efforts to avoid the severe limitations on compensation imposed by the Florida Neurological Infant Compensation Act (NICA). Attorney Lisa Foran was able to settle this complicated case.
Patient v. ER Doctor
Confidential settlement for a patient who lost his eye when the Emergency Department failed to make an emergent referral to an ophthalmologist. Our client was hammering tile when a piece entered his eye. He was not able to wash it out and went to the Emergency Department. The doctor in the Emergency Department properly diagnosed the penetrating eye injury, provided pain medication and antibiotics, but sent the patient home with the foreign body still in his eye. The severe infection set in over the weekend and the eye had to be removed. Attorney Lisa Foran made a recovery for our client.
Client v. ER Physician and Hospital
Confidential medical malpractice settlement for a woman who suffered an abdominal hernia. The Emergency Department physician ordered that she be given liquid contrast to drink for purposes of an abdominal CT scan. The scan showed the hernia and a stomach full of contrast solution. The Emergency Department doctor then sedated the patient and attempted to push the loop of intestine back through the hernia. The pushing caused the patient to vomit the stomach full of contrast which, because she was sedated, aspirated into her lungs. Fortunately, she survived and after an extended stay in the Intensive Care Unit she was able to return home, with decreased lung capacity. Attorney Donald Hinkle was able to settle the case before trial.
J.C. v. Hospital
This case involving placental abruption Attorney Lisa Foran obtained a confidential settlement on behalf of the child who sustained Cerebral Palsy as a result of a delayed cesarean delivery.
D. L. v. Doctor/Hospital
Confidential settlement of a case where client was "locked in" following a stroke. The stroke actually occurred in the hospital and yet treatment was not timely rendered. The stroke was a result of a vertebral artery dissection, which went undiagnosed and untreated for many hours. While a stroke is a devastating medical emergency, with proper treatment it can be mitigated, and many stroke victims are spared any injury as a result of the prompt use of tPA in the emergency department. Here care was delayed and left the client "locked-in" - paralyzed below her eye level. After extensive litigation Attorney Donald Hinkle negotiated a multi-million-dollar settlement on the courthouse steps.
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.
v. Emergency Room Physician and
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
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.