Verdicts & Settlements
Coleman vs. Auto Auction Transport, et. al.
TRACTOR TRAILER ACCIDENT–$22,000,000.00 jury verdict in a tractor-trailer accident. The plaintiff, an 8-year-old boy, suffered severe, permanent injuries, including a brain injury. The defense made no settlement offer prior to trial.
Woods v. North Kansas City Hospital and Astra Pharmaceuticals Inc.
PRODUCTS LIABILITY AND MEDICAL MALPRACTICE–$10,000,000.00 jury verdict in a wrongful death case involving the death of a 91-year-old woman. Plaintiff alleged that negligent packaging and labeling lead to the injection of 1000 mg. of a drug manufactured by Astra rather than the 100 mg dose that was ordered. The defense offered $100,000 to settle the case prior to trial.
Brooks v. Piontek, et. al
ANESTHESIA ERROR–$2,772,308.00 jury verdict in a medical malpractice case. Plaintiff alleged improper administration of a medication through an epidural catheter caused him to develop permanent drop feet and severe contractures of his hands and fingers. The defense made no settlement offer prior to trial.
Gerjevic v. Luetje, et. al
LOSS OF HEARING IN ONE EAR DUE TO MEDICATION ERROR –$2,508,000.00 jury verdict in a medical malpractice case. Plaintiff alleged that the defendant’s negligence caused her to lose hearing in one ear. The defense made no settlement offer prior to trial.
McKenna v. Anthony, et. al.
INTERVENTIONAL RADIOLOGY AND SURGICAL ERRORS–$1,930,000.00 verdict in a medical malpractice case. Plaintiff alleged that the defendants negligently performed an angiogram, which caused a perforated iliac artery and resulted in plaintiff suffering an above knee amputation. The defense made no settlement offer prior to trial.
Jenkins v. KCP&L
CONDEMNATION–Jury verdict of $1,125,500.00 in a condemnation case.
Vickie Peregoy v. Strain
FAILURE TO TREAT INFECTION–$1,125,000.00 jury verdict in a medical malpractice case. Plaintiff alleged failure to treat an infection caused the loss of her index finger. The defense made no settlement offer prior to trial.
Swinney v. Heartland Stores, Inc.
PERSONAL INJURY AND MALICIOUS PROSECUTION–$775,000.00 verdict in a personal injury and malicious prosecution case. The ring finger of plaintiff’s hand was injured when is hand went through the glass door as he was exiting defendant’s premises. The defendant unsuccessfully prosecuted Mr. Swinney in municipal court for willful destruction of property. Thereafter, plaintiff filed suit alleging malicious prosecution and personal injury on the theory that the defendant’s premises were not reasonably safe because the door was not equipped with safety glass.
Moore v. Cable
FAILURE TO PROPERLY TREAT ELEVATED EYE PRESSURE–$485,000.00 jury verdict in a medical malpractice case. Plaintiff alleged defendant’s failure to properly diagnose and treat her persistently elevated eye pressure led to plaintiff’s loss of vision in one eye. The defense made no settlement offer prior to trial.
Chinn v. Jackson
DISC SPACE INFECTION–$407,750.000 verdict in a medical malpractice case. Plaintiff alleged that improper sterile techniques led plaintiff to develop a disc space infection in his spine. The defense made no settlement offer prior to trial.
Lowe v. Bailey
FAILURE TO DIAGNOSE AND TREAT INFECTION–$400,000.00 jury verdict in a medical malpractice case in Adair County, Missouri. Plaintiff alleged failure to properly diagnose and treat an infection of her foot wound. Because of the defendant’s failure to diagnose and treat her infection, the plaintiff, an 8-year-old girl, had to undergo multiple additional surgical procedures, including skin grafting. The defense made no settlement offer prior to trial.
Lewis v. Biegel
ELEVATOR COLLAPSE–$396,841.35 jury verdict in a personal injury case in Linn County, Missouri. Plaintiff alleged that defendant’s negligent alterations and repairs to the hoisting mechanism of an elevator caused the elevator chain to break and fall 1.5 stories.
James v. Mrosak
NEGLIGENT TREATMENT OF PROLAPSED RECTUM–$100,000 jury verdict with no offer prior to trial in a wrongful death case in Buchannan County, Missouri. Plaintiffs alleged that defendant’s negligent operative and postoperative care led to the death of their 75-year-old husband and father.
Shea v. St. John’s Hospital
INJURY TO MOTHER DURING DELIVERY–$100,000 jury verdict in a medical malpractice case in Laclede County, Missouri. Plaintiff alleged that the defendants fractured her pelvis by improperly performing the McRobert’s maneuver during the delivery of her child.
Duncan v. Hill
CAR WRECK–$100,000 jury verdict for personal injuries sustained in a motor vehicle collision.
Edwards v. Ford
MOTORCYCLE ACCIDENT–$100,000 jury verdict in a motorcycle accident. The plaintiff alleged that a car turned in front of him causing him to have to lay his motorcycle down. Plaintiff sustained a back injury in the accident. The defense offered $15,000 to settle the case prior to trial.
SURGICAL WOUND INFECTION–Confidential settlement in a medical malpractice case. The plaintiff alleged failure to diagnose and treat severe infection of a surgical wound following orthopedic removal of a sacral tumor. The wound became necrotic and the infection spread to the bone and caused serious injury to the plaintiff, including significant loss of lower extremity function.
SCAPHOCEPHALY and SURGICAL ERROR–Confidential settlement in a medical malpractice case. The plaintiffs alleged that physicians treating their infant son performed inappropriate and unnecessary surgery for the treatment of a condition known as scaphocephaly. They also alleged that during the surgical procedure the physicians failed to monitor their son’s blood loss and failed to have blood products readily available. The plaintiffs alleged their son suffered extensive brain damage as a result of the negligent care.
FAILURE TO DIAGNOSE CERVICAL FRACTURE-Confidential settlement
Plaintiff was an inmate and suffered a cervical fracture during an altercation. Plaintiff’s fracture went undiagnosed for months and, instead, plaintiff was diagnosed with conversion reaction. Plaintiff alleged that the failure to timely diagnose and treat his cervical fracture led to his complete lower extremity and partial upper extremity paralysis.
LAPAROSCOPIC SPLENECTOMY–Confidential settlement in a medical malpractice case. The plaintiff, a university professor, suffered from splenomegaly (a massively enlarged spleen), which the defendant surgeon recommended be removed laparoscopically. Plaintiff alleged that his surgeon used improper techniques in performing a laparoscopic splenectomy, including leaving portions of the spleen inside the abdominal cavity. The retained spleen became necrotic and plaintiff developed a gastric fistula. Plaintiff required multiple additional surgeries and developed chronic ascites and a significant abdominal hernia.
SAGITTAL SINUS THROMBOSIS– Confidential settlement in a Oklahoma medical malpractice case. The plaintiff, a young mother, suffered a complete loss of vision due to superior sagittal sinus thrombosis, which was not timely diagnosed by her health care providers.
FAILURE TO DIAGNOSE COMPARTMENT SYNDROME–Confidential settlement in a medical malpractice case. Plaintiff fractured his tibia while participating in a local rodeo. Following surgery to repair the fracture, plaintiff developed compartment syndrome. The compartment syndrome went undiagnosed and untreated and resulted in an amputation of the plaintiff’s leg.
BIRTH INJURY/SHOULDER DYSTOCIA—Confidential settlements in medical malpractice cases. Plaintiffs alleged that improper delivery technique in a shoulder dystocia case caused their newborn babies to suffer an Erbs palsy injuries.
BIRTH INJURY/SHOULDER DYSTOCIA—Confidential settlements in medical malpractice cases. Plaintiff alleged that improper traction on the baby’s head during delivery caused her newborn babies to suffer a birth injury.
FAILURE TO DIAGNOSE CERVICAL FRACTURE— Confidential settlement in a medical malpractice case. Plaintiff alleged that the defendants failed to diagnose a C1-2 odontoid fracture when she presented to the hospital following a car accident. Plaintiff alleged that the delay in diagnosis caused severe nerve damage and ultimately required her to undergo a neck fusion.
FAILURE TO DIAGNOSE INFECTION–Confidential settlement in a medical malpractice case. The plaintiff suffered a bad break of his arm in a fall on ice. The repair required surgical repair and the replacement of plates and screws. Following surgery the surgical wound on his left side became infected. Plaintiff alleged that his surgeon’s failure to timely diagnose and properly treat his infection, including failure to timely remove the hardware from his arm, necessitated an amputation of his arm above the elbow.
MOTHER INJURED DURING BIRTH–Confidential settlement in a Kansas medical malpractice case. The plaintiff had a history of miscarriages, so when the plaintiff became pregnant her OBGYN placed a cerclage stitch to prevent preterm labor. The plaintiff alleged that when she presented to the hospital and went into active labor, the defendant failed to timely remove the cerclage. The plaintiff delivered the baby with the cerclage stitch still in place, which caused serious injury to her reproductive organs.
SURGICAL ERROR/RUPTURED BICEPS TENDON–Confidential settlement in a Kansas medical malpractice case. The plaintiff alleged that a Kansas surgeon was negligent in his attempt to surgically repair the plaintiff’s ruptured biceps tendon. The negligent repair caused permanent injury to the plaintiff’s posterior interosseous nerve, which caused a loss of function in his hand and arm.
FAILURE TO DIAGNOSE AND TREAT KNEE INFECTION–Confidential settlement in a Kansas medical malpractice case. The plaintiff underwent double knee replacement. Following surgery the surgical wound on his left side became infected. Plaintiff alleged that his surgeon’s failure to timely diagnose and properly treat his infection, including failure to timely remove the hardware from his knee, necessitated an above the knee amputation of his left leg.
Fakhry v. Routh, et. al.
FAILURE TO PROPERLY SECURE LOAD– $1,050,000.00 settlement in a wrongful death case. Plaintiffs’ husband and father was struck by a vehicle and killed when we was attempting to remove cabinets from the roadway. The cabinets fell from the bed of a truck being driven by the defendant. Plaintiffs alleged that the defendant was negligent in failing to properly secure the load of cabinets into his pickup truck.
Stopp v. McKittrick
FAILURE TO DIAGNOSE BRAIN ABSCESS–$295,000.00 settlement in a wrongful death medical malpractice case. The plaintiff’s husband had a brain abscess, which was incorrectly diagnosed with a brain tumor. The failure to timely diagnose and treat the brain abscess led to her husband’s death.
Cornelius v. Heartland Regional Medical Center, et. al.
NEGLIGENT POST-SURGICAL CARE–$250,000.00 settlement in a wrongful death medical malpractice case involving the death of an 85 year old man. The plaintiff alleged that his father’s healthcare providers were negligent for attempting to insert an NG tube when his father had undergone a surgical procedure that would prevent an NG tube from passing. The attempts to pass the NG tube resulted in a perforation of his father’s esophagus, which led to a downturn in his elderly father’s overall health condition and, after a prolonged hospital stay, ultimately resulted in his father’s death.
FAILURE TO DIAGNOSE LUNG CANCER– Confidential settlement in a wrongful death/medical malpractice case. The plaintiff lost her husband of 41 years to lung cancer. The plaintiff’s husband worked in a factory and underwent routine annual physicals as part of his employment. Plaintiff alleged that her husband’s family care physician failed to recommend necessary follow up testing of a mass that appeared on his chest x-ray. Plaintiff also alleged that the radiologist who read her husband’s chest x-ray the following year misinterpreted the film and did not report the presence of the mass. These errors, which occurred in back to back years, allowed her husband’s lung cancer to go undiagnosed and untreated until it progressed to the point where it was no longer survivable.
SURGICAL ERROR AND NEGLIGENT POST-OPERATIVE CARE– Confidential settlement in a wrongful death/medical malpractice case. The plaintiffs alleged that the defendant surgeon used an improper surgical technique to accomplish their father’s colostomy procedure and failed to provide proper postoperative care following the surgery.
FAILURE TO DIAGNOSE BLEED– Confidential settlement in a wrongful death/medical malpractice case. A young mother and her minor children alleged that negligence on the part of her husband’s surgeons led to his death. The plaintiff’s 40-year-old husband was injured in a motorcycle accident and taken to the emergency room. The plaintiff alleged that the defendants were negligent in failing to identify the source of his bleeding for over 4 hours and failed to timely consult a vascular surgeon to aid in identifying the source of the bleeding that ultimately led to his death.
FAILURE TO DIAGNOSE AND TREAT INFECTION– Confidential settlement in a wrongful death/medical malpractice case. A 42 year old woman died of multisystem organ failure caused by overwhelming sepsis. The plaintiffs alleged that the defendant emergency room doctor and attending physician failed to diagnosis their mom/daughter’s infection when she presented to the emergency room more than 24 hours prior to her death.
Tractor-Trailer And Automobile Accidents:
DUMP TRUCK FAILURE TO OBEY STOP SIGN– $600,000.00 settlement. The plaintiff sustained personal injuries and his wife of 50 years was killed when the vehicle he was driving was hit by a dump truck. The plaintiff alleged that the dump truck failed to stop at a stop sign.
TRUCKING– $650,000.00 settlement. The plaintiff suffered a broken leg when the vehicle in which she was a passenger was rear-ended by semitruck on Interstate 70.
FAILURE TO CHOCK WHEELS–Confidential settlement. Driver for trucking company failed to chock wheels and properly secure the emergency brake of a truck parked at the loading dock. Plaintiff’s pelvis was crushed when the truck rolled back and pinned him between the truck and the loading dock.
REAR-END COLLISION–$750,000.00 settlement for a soft tissue injury.
Personal Injury/Premises Liability/Products Liability:
FACTORY INJURY/FAILURE TO GUARD-Confidential Settlement. Plaintiff was injured while working at a production factory. Plaintiff alleged that the manufacturer of a conveyor system was negligent for failing to install proper guarding at a pinch point on their conveyor system. Plaintiff’s leg became trapped in the conveyor system and plaintiff required a leg amputation.
FALL ON ICE–Ford v. Pete’s Auto Service, Inc.
$135,000.00 settlement in a slip and fall case. Mr. Ford alleged that the defendant failed to properly clear their parking lot of snow and ice, which caused him to slip and fall on their premises. Plaintiff broke his ankle in the fall and required surgical repair of the fracture.
BROKEN CHAIR–Confidential Settlement. Plaintiff was injured when a chair, which he was sitting in while waiting for his carry out order, shattered. The plaintiff alleged that the chair was not safe for use by the general public and that defendant violated their own policy by having the chair in the waiting area.
CONSTRUCTION BUILDING COLLAPSE–Confidential settlement in a construction accident case. Plaintiff suffered severe personal injuries that ultimately led to his death when the columns in a butler building he was working in collapsed.