Case Results

Plaintiff, a 35-year-old woman, was 25 weeks pregnant with twins. On March 16, 2016, a police cruiser traveling in the opposite direction of traffic struck her and her husband.

Plaintiff reported several uterine contractions and was then admitted to Mercy Hospital with evidence of a chorioamnionitis, an infection. She gave birth soon after at 26 weeks gestation. Both twins weighed less than 2 pounds and spent three months in the NICU. The fetal medicine expert’s opinion was that the automobile collision caused a leak of amniotic fluid which set in motion the events leading to the early delivery.

As the twins developed, they displayed difficulty with speech and language, and showed cognition deficits. It was argued that, on account of their speech/language/cognition issues, the twins will require extensive therapies throughout their lifetime, and will be limited in their vocational opportunities. The case resolved for $11.4 million.

In an HMO negligence lawsuit, two large HMOs failed to collaborate and share medical information resulting in improper follow up on a patient with cervical dysplasia. After 20 months had passed, the woman was diagnosed with Stage IV cervical cancer. In a $0 offer for her case from the HMO’s defense attorneys, Dan Hodes successfully recovered a record breaking $10,960,000 jury verdict on her family’s behalf. To date, this was the largest medical malpractice wrongful death verdict in Orange County.

Dan Hodes and Steve Heimberg represented a 35 year-old-woman who presented to the hospital at 41 weeks gestational age, having been diagnosed that morning with oligohydramnios. Over the next 23 hours, fetal monitoring strips showed recurrent variable and late decelerations of the fetal heart rate that were not appreciated. So rather than delivering the fetus by way of C-section, labor progressed to the point that at birth, fetal distress caused hypoxic ischemic encephalopathy. The infant, now 3 ½, will require lifetime care. The case resolved for $7,900,000.00

Daniel Hodes and Jacob Brender from Hodes Milman, LLP represented a 51-year-old woman who, on August 13, 2020, underwent a coiling and stent procedure for an intracerebral aneurysm. During the procedure, a guidewire perforated a distal branch of the middle cerebral artery which was not immediately appreciated. This caused a stroke, leaving her severely neurologically compromised. The case resolved at mediation with Jay Horton for $6,000,000.

In April of 2021, Jeffrey Milman and Benjamin Ikuta of Hodes Milman, LLP settled a birth injury case against a hospital and OBGYN for $5,700,000. Hospital nurses violated their own hospital policy in administering Pitocin to promote labor despite clear contraindications. The nurses then failed to notify the attending OBGYN of strips clearly showing fetal distress for well over an hour. When the child was born, the OBGYN was shocked and dismayed to deliver a moribund, unresponsive child. The infant suffered from severe brain damage as a result of lack of oxygen. The hospital paid $4,000,000 and the OBGYN and her group paid $1,700,000.

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.

Daniel Hodes represented a woman who was admitted to a hospital on July 7, 2020 for the delivery of her second child. Her previous delivery was by way of C-section. The plan was to attempt a vaginal birth after C-section (VBAC). 

Plaintiff claimed the fetus was in distress for many hours and a C-section should have been performed. As a result, she suffered a uterine rupture, and the baby suffered a hypoxic brain injury. The case resolved for $5,000,000.00

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, LLP and Ken Sigelman, of the Law Offices of Kenneth M. Sigelman, represented the man and his family. The case resolved following mediation.

Our firm handled a case involving an infant who suffered seizures due to hospital negligence. Hospital staff mismanaged ventilator and breathing tube equipment for the infant, resulting in seizures. Settled for $4,100,000.00

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.

Benjamin Ikuta of Hodes Milman, LLP settled a medical malpractice case in October of 2020 against a fertility clinic for $2,100,000. In 2004, the fertility clinic injected the wrong sperm in relation to an In Vitro Fertilization procedure. Fourteen years later, in late 2018, after conducting a genetic testing history through a popular service, the parents learned that the child was not related to the father in any way.

A 17-year-old pregnant woman suffered profound and permanent brain damage resulting from the hospital staff’s alleged failure to properly manage her respiratory issues. The woman, who was 34 weeks pregnant at the time, was admitted to the hospital with back and abdominal pain. Over the next few days, her condition deterioriated and she was septic in addition to developing respiratory problems. To manage these conditions, the patient was intubated and put on a ventilator. After giving birth to her daughter, her condition further worsened and she ultimately lost consciousness. Upon resuscitation, she was found to have suffered a severe global hypoxic brain injury resulting in significant diffuse cognitive impairment. Due to alleged improper monitoring of her respiratory status and the resultant lack of oxygen to her brain, the patient was severely impaired both cognitively and physically and will require constant medical care for the remainder of her life. Daniel M. Hodes represented the plaintiff through her conservator. After two years of litigation and two sessions of mediation, the case resolved for $ 5,700,000.

After multiple visits to the emergency room because of minor seizures, the hospital arranged to have the 9-month old infant transported to a different facility for a higher level of care and was placed on a ventilator in anticipation of the transport. When the transport team from the second hospital arrived, it was discovered that there was an airway problem and the infant was not receiving adequate ventilation due to a mucus plug that was blocking the tube. After arriving at the second hospital, the infant suffered extensive continuous seizure activity due to a lack of oxygen to the brain. Representing the plaintiff’s family, attorneys Jeff Milman and Dan Hodes obtained a settlement of $4 million with the first hospital and $100,000 with the second hospital, resulting in a total settlement of $4.1 million.

After suffering from a fever for four weeks, a 49-year old woman was diagnosed with leukemia, underwent chemotherapy and was prescribed various antibiotics. During chemotherapy, she was taken off her antibiotics, and soon after her fever resumed. 24-hours later, she lapsed into a coma. If the doctors had followed the proper standard of care and kept her on the antibiotics, she would have avoided the neurologic insult.

The emergency room diagnosed a 30-year old woman complaining of blurry vision and headaches with hyperventilation and anxiety. Three days later she returned to the hospital after being found unconscious at home. Her condition worsened but her pulmonologist was not notified until she was irreparably harmed. The woman remains in a vegetative state.

An emergency room physician failed to properly diagnose and treat a young mother of two who suffered from a bacterial infection. The doctor failed to administer antibiotics which resulted in toxic shock syndrome leading to her becoming septic. This caused her to lose blood flow to her hands and feet resulting in gangrene and eventually limb amputation. The woman is permanently disabled because of the physician’s negligence.

A 45-year-old woman was misdiagnosed with multiple sclerosis (MS) and as a result, sustained injuries including neurologic damage and liver failure. The woman, who consulted her primary care physician because one of her legs was dragging when she walked was referred to a neurologist for care. She underwent a complete MS workup, including MRIs of the brain and spine; although the results were not indicative of MS, the neurologist began treating her condition as such, implementing a regimen that included the administration of MS medications. Less than six months after this treatment regimen began, the plaintiff was hospitalized with acute liver failure, necessitating a transplant. While in the hospital, it was discovered that the plaintiff was not suffering from MS, but rather a herniated disc which could have been treated with surgery. Following the transplant, she experienced two episodes of rejection and remains neurologically impaired. Daniel M. Hodes represented the plaintiff. The case resolved in mediation for $2.1 million.

Benjamin Ikuta of Hodes Milman, LLP settled an automobile v. pedestrian case on November 4, 2020 for $1,250,000. On August 27, 2019, 80-year old Kenneth Kaku was walking through a crosswalk at an outdoor shopping center in Rancho Santa Margarita when he was struck by Lisa Foto, who was driving a Lexus sedan. Mr. Kaku suffered a subdural hematoma, which resolved, and a leg injury that became infected and required debridement. Ms. Foto was insured by Nationwide.

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 58-year old man suffered a spinal injury after being rear-ended in a car accident. He had previously been diagnosed with failed back syndrome, and had been undergoing pain treatment for years. At the time of the crash, he was periodically being treated with injections and opioids. As a result of the crash, the pain became worse, and he required an increase in opioids and epidural steroid injections to treat it. He also suffered significant financial loss, because he was unable to work. The defendant claimed that the man had already been compensated by the insurance company, and that the pain he suffered from before the accident had not changed. The man was represented by Jeffrey A. Milman, Esq. of Hodes Milman, LLP , reaching a settlement of $550,000.

A women suffered facial lacerations and trauma to her knee after being struck in her vehicle at a stop sign. She underwent plastic surgery and arthroscopic surgery on her knee. She will require further facial surgery and a total knee replacement.

A 77-year-old woman purchased six bottles of wine packaged in a paper wine carrier that broke upon removal from her car, causing the bottles to shatter on her driveway. The glass caused severe lacerations on the woman’s ankle, requiring 32 stitches. It was later discovered that her Achilles tendon had been severed. The woman underwent an Achilles reconstruction but continues to suffer from pain that prevents her from participating in activities she once enjoyed. The defendant, the grocery store that sold the wine, continues to make negotiations difficult, and Hodes Milman, LLP settled the case for $92,500.

A man riding his Harley Davidson motorcycle was thrown off at high speed when a malfunction in the cruise control system caused the motorcycle to accelerate uncontrollably to a speed where the motorcycle became unstable and threw the rider to the pavement. The man suffered multiple injuries including a fracture of his left wrist and severe abrasions over much of his body. He was hospitalized for approximately six days. The uncontrolled acceleration and instability were attributed to defective product design.

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.