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A young man suffered oxygen deprivation leading to severe brain damage after a physician allegedly mis-programmed his cardiac defibrillator. The man, now 30-years-old, cannot speak and will need around-the-clock assistance for the rest of his life. He is cared for by his parents, who are both in their 60s. The man was born with a heart condition and had corrective surgery when he was an infant. The condition and corrective surgery made him predisposed to irregular heartbeats. In 2004, he had a defibrillator implanted to detect any irregular heartbeats and return his heart to normal rhythm. Five years later, the device’s battery was running low and a physician replaced it, but did not correctly reprogram the device. When the man suffered a heart rhythm disturbance the following month, the defibrillator did not respond properly, leading to severe brain injury. Daniel Hodes, of Hodes Milman and Ken Sigelman, of the Law Offices of Kenneth M. Sigelman, represented the man and his family. The case resolved following mediation.

A 39-year-old male walked into an urgent care clinic with a new onset of chest pain at rest and was diagnosed with gastritis. The physicians at Urgent Care felt that our client’s symptoms were not typical for unstable angina and placed him on a treadmill. 40 minutes after being discharged, our client died from cardiac complications. After a 10 day trial, the jury awarded our client’s favor, including noneconomic damages of $3,000,000 and economic damages of $2,339,037.

A 71-year-old man, struck by a vehicle making an unsafe lane change suffered a cervical fracture. The following week, the man’s hands became numb and he was taken to a different hospital by his wife, where it was determined that he had suffered an acute compression fracture of the C7 vertebral body. The plaintiff has been unable to return to his full-time work as a senior aerospace engineer. Daniel M. Hodes represented the plaintiff resulting in a settlement of $800,000 for medical expenses, loss of income and pain and suffering.

A 15-year-old high school student was invited to the home of a fellow member of his track team to skateboard. While there, the homeowner’s dog attacked him, biting him in the face and causing lacerations of his cheek, lip, and chin. The matter settled for the homeowner’s insurance policy limit of the dog’s owner.

 

In 2004, a self-employed 58-year-old father of five, was driving his 1999 Black Ford Ranger when the tread on his tire separated causing the vehicle to rollover. Before the accident, he brought the car in to have one tire replaced under the warranty; however, after the accident, it was discovered that the tire had been patched, not replaced. It was also shown that the manufacturer of the tires used substandard materials which contributed to the premature aging of the tire. As a result of the rollover accident caused by the defective tire, he is now a quadriplegic and needs 24/7 care.