CASES LITIGATED:
Malpractice Anesthesiology Negligence:
Anesthesiologists failed to properly monitor the transfer of a post op cardiac patient from the OR ventilator to the ICU ventilator. Patient suffered oxygen deprivation for a period of 4 to 6 minutes. Consequently, this patient suffered a brain injury, the case settled for $5.5 million.
Negligent Design of an Intersection/Head-on Collision:
A 27 year old female detention officer suffered closed head injuries and facial disfiguration. Arizona Department of Transportation (ADOT) settled at $3 million. City of Coolidge settled for a confidential amount. The underlying negligent drivers settled for policy limits of $1.03 million.
Premise Liability:
A 41 year old truck driver from New Mexico slipped and fell at a truck stop, injuring his right knee. Jury verdict was $1.03 million.
Motorcycle Accident:
50 year old married teacher, while riding his motorcycle was struck by 90 year old man driving a large vehicle. My client sustained multiple abrasions throughout his body and suffered a complicated fracture to his right leg. This required months of rehabilitation with hyperbaric therapy. The healing process was amazing. Case settled for $1.3 million.
Wrongful Death / Dental Malpractice:
A seven year old child with severe heart defects, who died as a result of dental negligence, overdose of Mepivacaine. The dentist contracted by AHCCS pulled nine teeth in one sitting which required more anesthetic than the child’s heart could take. A handwriting expert was prepared to testify that the dentist attempted to “cover-up” her error by changing the amount of anesthetic she had initially recorded she had given. Case settled three days prior to trial for $990,000. This little boy was survived by his adopted parents.
Medical Malpractice / Cardiologist:
Cardiologist failed to warn of serious risk of injury or death to mother and fetus if she got pregnant. 37-year old patient with serious heart condition did become pregnant. Pregnancy had to be terminated early but her baby was born alive and healthy. She suffered heart failure to the point that her heart had to be removed. She was placed on a heart machine until she received a donor transplant. Case settled for doctor's $1 million dollar policy limit.
Medical Malpractice / Failure to Timely Diagnose & Treat Diabetic Ketoacidosis
40 year old unmarried man suffered a mild traumatic brain injury making it difficult for him to multitask after being in a diabetic coma for approximately two weeks. Case settled with both PCP and medical group for $2 million dollars.
Dental Malpractice / Wrongful Death:
Dentist failed to appropriately treat an abscessed tooth. Standard of care required the dentist to perform a root canal to let the abscess drain and treat with antibiotics. The tooth was inappropriately treated and the infection went into this elderly patient's blood, he died 48 hours later. Case settled for over $1 half million dollars.
Police Negligence/Wrongful Death:
$1.5 million—Negligent failure to warn and protect, failure to serve a protective order, grossly negligent failure to arrest shooter after he threatened to put a bullet through his girlfriend's head. Significant other followed through with his death threats, in broad daylight next to the police station he shot his 26-year-old girlfriend to death. We represented two minor daughters and the parents of the deceased. Shooter sentenced to life in prison.
Excessive Force / Civil Rights Violation:
Client arrested on a misdemeanor disorderly charge. No prior history of any criminal record. While being booked at county jail he was beaten by three correctional officers. Several hours later he had to be taken to hospital. It was determined he suffered a heart attack as result of a blood clot from the beating which travelled to his heart. We were able to obtain the jail video which clearly showed the unprovoked attack on this young man. The officers involved were disciplined and demoted. Case settled for $375,000.
Nursing Negligence / Failure to Implement Strict Fall Precautions:
Elderly stroke patient who was unsteady on his feet admitted to hospital for suspected coronary artery clot. Patient given large dose of heparin, an anticoagulant, then patient was allowed to get out of bed without assistance which is prohibited when strict fall precautions are implemented. Patient fell, struck his head, died later of cerebral hemorrhage. Case settled for a significant amount that cannot be disclosed.
Wrongful Death / Nursing Home Neglect and Abuse:
A 56 year old wife and mother died as a result of not being provided with ulcer medicine while in a nursing care facility. Following a complicated abdominal surgery, the decedent developed post operative stress ulcers. While hospitalized, she was medicated on Prevacid, which effectively stopped the ulcers from enlarging and bleeding. She was discharged to a nursing care facility for extended rehabilitation and care. While in the nursing facility, she was given no Prevacid because her insurance company would not authorize payment for a name brand medication, but at that time, Prevacid did not have a generic form. The nursing facility or her primary care physician could have provided her with samples which were available, or written a prescription which could have been filled by the family at any of the local pharmacies. No such steps were ever employed or suggested to the family. As a result, the patient received no medication for five days, her ulcers perforated, and she died. The primary care physician settled for an amount to be confidential, and the nursing home settled for $1.6 million.
Nursing Home Negligence, Abuse, Sexual Assault/Wrongful Death:
A 96 year old woman with dementia sexually assaulted as evidenced by gross amount of bruising around the vagina and anus. No doctor was notified, police were not called until four days later when a whistle blower telephoned the family informing them that their mother had been raped. Assailant never identified, and no arrest was made. This otherwise healthy elderly woman died 21 days later. Experts testified that her death resulted from the anxiety of the sexual assault. Remarkably, this facility only had a $1 million policy.
Nursing Home Negligence/Abuse/Neglect/Wrongful Death:
An 84-year-old widow with a decubitus ulcer was left unchecked and in 21 days grew from the size of a quarter to 3 inches in diameter down to the bone of this woman’s hip. She was urgently taken to the emergency room where she was found to have developed an infection and sepsis.The wound was considered inoperable, She qualified for hospice and died one month later from complications of the infected wound. Our 20-page complaint alledged among other legal theories that this national chain of nursing homes intentionally underbudgeted nursing care, knowing that many of the nursing services that were ordered would not be implemented. For example, a pressure relief mattress for her bed and a cushion for her wheelchair were ordered but never provided. This lady was severely incapacitated, but yet this nursing facility billed routinely for physical therapy and occupational therapy which were never delivered. The Arizona Department of Health Service was brought in and this facility was cited and fined severely. Our initial offer to settle was $6 million dollars, the case settled at mediation, for an amount to be kept confidential.
Nursing Negligence/Wrongful Death:
A 65-year-old woman post-op pacemaker upgrade, while being watched in the telemetry unit her alarm went off. The registered nurse checked the alarm could not get it to stop beeping, attributed it to equipment failure despite evidence of an erratic heart rate. Nurse left the room stating she will come back later and change out the box. Multiple calls made from telemetry unit as alarm kept going off, nurse did not reply. Telemetry unit personnel walked down to the room to find out why no reply and found the client unresponsive with heart arrested for 12 minutes. CPR initiated and patient regained heartbeat and was put on a ventilator. She suffered brain death and died seven days later. For purposes of settlement negotiations the hospital admitted liability: this matter settled with this Tucson hospital with a covenant not to disclose the amount of the settlement. We represented three adult children.
Premise Liability
A 44 year old nursing student, and recovering cancer victim, suffered a slip and fall at a supermarket, injuring her hip, and developing sacroiliac joint syndrome, causing chronic pain. Defendant grocery store offered $17,000. on the morning of trial; jury awarded $442,000.
For further case listings, click on "Cases Litigated".
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