Case Results

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.

Two renowned fertility doctors from the UCI Center for Reproductive Health allegedly misappropriated embryos from 12 individuals and allegedly transferred the embryos to others without consent.

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.

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.

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 30-year old woman, pregnant with triplets, was admitted to the NICU due to pregnancy complications, stemming from in-vitro fertilization. After an extremely premature birth, all three infants contracted infections due to staff’s failure to observe proper hospital protocol, resulting in death for two of the triplets and severe brain damage for one. Following their birth, all three were treated for staph infections, and two were ventilator dependent. The first infant died due to lack of treatment for pneumonia contracted from the ventilator due to a clerical error, preventing the necessary immediate treatment. The second infant died due to complications from an unnecessary intubation attempt by an unqualified and uncertified doctor. The infant was reportedly doing very well before the intubation attempt. The third, healthiest infant was selected for a random clinical trial against protocol. After being given higher than recommended doses of the clinical drug, the infant experienced kidney failure and severe brain damage. Jeffrey A. Milman, Esq., and Geoffrey S. Gray of Counsel Hodes Milman represented the triplet’s parents in mediation, resulting in a $2,500,000 settlement.

A 71-year old man was scheduled to be transferred from the intensive care unit to the hospital floor. His nurses failed to notice his dire desaturation. During a blood transfusion, the nurses also failed to monitor his vital signs, an accepted standard of care. As a result, he now suffers from brain injury, is on a ventilator and requires 24/7 inpatient care. The defendant’s offered $1.5 million.

A 44-year-old woman suffered from a middle cerebral artery stroke allegedly as a result of her physician’s failure to properly diagnose the condition based on early warning signs, resulting in permanent partial paralysis. The woman described her symptoms over the phone to her primary care physician, including a “pinching” sensation in the neck and a feeling of heaviness in her upper left extremity which progressed into numbness and tingling of her left handand wrist. Upon hearing the description of her symptoms, the physician purportedly advised her to take two Advil. When she woke up the next morning, the plaintiff was unable to move or speak. Upon her arrival at the hospital, she was diagnosed with a complete middle cerebral artery stroke, resulting in partial left upper and lower extremity paralysis and aphasia. It was argued that had she been advised by her physician to go immediately to the ER as per the standard of care, it is likely that her stroke could have been prevented by aggressive intervention. Daniel M. Hodes represented the plaintiff in arbitration, obtaining findings of liability and causation that resulted in a $2,225,000 settlement.

Our firm represented a husband and wife who gave birth to a Down Syndrome baby girl after doctors neglected to exercise proper care while interpreting prenatal genetic test results. During the second trimester, doctors tested the fetus for Down Syndrome and other genetic abnormalities on two separate occasions, yet despite observing warning signs, they did not interpret the results of these tests as indicative of Down Syndrome. HM attorneys argued that the doctors failed to obtain a proper analysis within the required standard of care and, had this been done, it is probable that the result would have been positive for Down Syndrome. The firm settled the case for $1.75 million on behalf of the plaintiffs.

HM represented a 46 year-old woman suffering from incurable breast cancer with a less than one year life expectancy due to a delay in diagnosis. The plaintiff visited multiple doctors and underwent several screening mammograms from May 2007 to June 2009. Unfortunately, worrisome findings were not appreciated, and a further work up was not undertaken, resulting in a two-year delay in diagnosis. If she had been diagnosed in 2007, the likelihood of a cure would have been upwards of 70%. HM attorney’s obtained a $1,550,000 settlement on behalf of their client.

A mentally impaired woman who did not know she was pregnant entered an urgent care with complaints of menstrual bleeding, abdominal cramping, nausea and vomiting. The emergency room failed to follow its own procedures and induced birth with medication. The child suffered from severe respiratory distress and asphyxia.

A 45-year-old woman was referred by her primary care physician to a neurologist because she was noted to be dragging her leg while walking. MRI of the head, neck and thoracic spine was read by both a neuroradiologist and neurologist as normal. Both failed to appreciate a herniated thoracic disc. The neurologist diagnosed her with MS. By the time it was realized that the MS diagnosis was wrong, the patient had suffered permanent neurological damage. Daniel M. Hodes represented the plaintiff. The case resolved in mediation for $1.3 million.

A 52-year-old man died from a heart attack at work after doctors and a cardiac nurse failed to recognize his heart disease. An autopsy following the man’s death revealed a 90-95 percent blockage in the left anterior descending artery. Fourteen days before he died, during a routine visit to his doctor, the man complained of chest pain. The man had smoked for more than 20 years, had high blood pressure and had other risk factors for heart disease. His doctor ordered a treadmill stress test, which was performed several days later at a medical clinic by a cardiac nurse. Neither the man’s doctor nor the cardiac nurse took a detailed cardiac history before the treadmill test. When the man reported chest pain during the stress test, the test was stopped, but the circumstances surrounding the pain were not recorded. The man was not seen by a physician during the stress test visit; however, a physician reviewed the test data and determined that the man was at low risk for cardiovascular disease. If a detailed cardiac history had been taken before the stress test or if the nurse had recognized the serious nature of the man’s chest pain, it would have been discovered he had heart disease and appropriate treatment given. No settlement offer was made. Daniel M. Hodes took the case to arbitration, and $1,100,000 award was issued.

HM represented a 47-year old woman who developed intractable pain syndrome as a result of a surgical mishap during her total vaginal hysterectomy. After the hysterectomy, the plaintiff returned to the hospital with pain and a CT scan showed a right hydronephrosis and was taken into surgery again. The surgery revealed her right ureter had been cut during her hysterectomy and as a result, she had to receive a right ureteronecystostomy and continues to suffer from pain. Our firm obtained a $1,000,000.00 settlement on behalf of their client.

A veteran who underwent a leg amputation also complained of lower and mid-back pain at the time of surgery. He returned to the VA hospital for severe spinal pain, incontinence and numbness, and required stronger medications. Doctors first obtained a lumbar instead of thoracic spine MRI, which was indicated. Several days after being admitted, he was diagnosed with a neurological abscess in the spine, and had surgery.

A 48-year-old husband and father of two died of a cardiac arrhythmia that his doctor failed to diagnose, even though the man had seen the doctor just days earlier with symptoms suggestive of the condition. The victim visited the doctor the day after fainting while walking with his wife. Although the incident was suggestive of an arrhythmia, the doctor did not follow accepted standards of care, which would have required that his patient see a cardiologist immediately. The victim died four days later. Daniel Hodes represented the deceased’s family and recovered $1 million (the limit of the doctor’s insurance coverage) in mediation, for their personal loss as well as the loss of the decedent’s support.

A 25-year old, who had a history of abdominal pain due to gallstones, was advised by a physician to electively remove her gallbladder. The surgery was performed incorrectly, resulting in a vein injury which necessitated a liver transplant. The operating physician used a single port procedure and not the required three port procedure. Post-operation, a bile leak was discovered due to the vein injury and the plaintiff’s liver was found to be irreparably damaged, ultimately leading to a liver transplant. Jeff Milman represented the plaintiff, settling with the physician in the amount of $999,900; the case against the hospital is ongoing.

A 49-year old woman who had recently undergone knee surgery went to the emergency room on the advice of her physician in order to rule out a pulmonary embolism. Orders were issued by the ER physician to perform a CT angiogram of the chest with IC contrast. The ER nurse, unable to successfully insert an IV into the patient’s antecubital fossa, summoned a registry nurse, who started the IV in the patient’s right volar wrist. Before commencing the CT scan, the technologist rapidly infused contrast into the patient’s IV causing it to extravasate, causing a compartment syndrome and necessitating emergency surgery. As a result, the patient developed chronic neuropathic pain due to compartment syndrome. Dan Hodes represented the plaintiff, obtaining a $993,750 settlement for loss of earnings and medical expenses.

A middle-aged man visited the emergency room complaining of shortness of breath and chest tightness. He was a smoker and was on medications for high blood pressure and high cholesterol. Following an EKG, which the emergency room physician assessed as “fairly normal,” the man was advised to see his primary care physician and was released. He did see his physician that same day but did not complain of chest pain and was thought to have reactive airway disease. Two days later, the man was brought back to the emergency room by ambulance, complaining of chest pain and was found to have had a cardiac event. He underwent angioplasty and stenting but had a difficult medical course and died of multi-organ failure approximately 15 months later at 48-years-old. If he had been hospitalized upon his first visit to the emergency room and undergone stenting at that time, the cardiac event two days later would not have occurred. Dan Hodes obtained a settlement of $975,000 on behalf of his family.

Dentists advocated the removal of teeth with amalgam fillings because they believed the fillings could cause mercury toxicity. They unnecessarily extracted teeth which caused an abundance of post-surgery complications and additional procedures, and resulted in even more expensive dental problems for three patients. The patients claimed the dentists used “predatory dentistry” to convince them that amalgam fillings had harmful side effects. The case was tried over the course of five weeks at the Orange County Superior Court. After two days of deliberation, the jury found the defendants liable and awarded the plaintiffs compensation for past and future medical and dental expenses. Additionally, plaintiffs succeeded in obtaining additional compensation after filing a motion for non-economic damages.

Our firm represented a 69-year-old woman who is suffering from permanent neuropathy due to a negligent misdiagnosis. In Feb. 2014, the woman was referred to a doctor who misread a skeletal x-ray and erroneously diagnosed her as having multiple myeloma. The doctor recommended an aggressive treatment plan that included chemotherapy and a possible bone marrow biopsy and stem cell transplant. In Sept. 2014, the woman sought a second opinion from a multiple myeloma specialist, who correctly concluded that the woman never had multiple myeloma and diagnosed her as having a diffuse sensory neuropathy due to the treatment she had undergone. The case was settled for $950,000.

Hours after undergoing a cosmetic procedure that included an augmentation mammoplasty, liposuction and abdominoplasty, a 31-year-old mother of four began complaining of pain to her husband and shaking as if having a seizure. She was transported to the hospital by paramedics, where she was intubated and given an emergency blood transfusion, but she could not be resuscitated. The cause of death was determined to be an abdominal wall hemorrhage caused by poor surgical technique. Hodes Milman resolved the case with a $935,000 settlement.

A 37-year old husband and father made several trips to the emergency room complaining of pain in his kidneys. On each visit, a scan was done but the attending radiologists did not identify a present para-aortic mass. Due to increasing pain, the man went to another ER where the biopsy revealed the presence of Ewing’s sarcoma, a malignant round-cell tumor. He underwent aggressive chemotherapy and radiation but his condition persisted, developing into liver disease. His condition is worsening and will likely lead to death.

A 28-year old wife and mother of two young children died after two separate pathologists pronounced her biopsied material as benign. After a third biopsy 19 months later, she was diagnosed with a dangerous form of breast cancer in an advanced stage. The original pathologist’s misdiagnoses allegedly lead to her death.

A veteran underwent back surgery at a Los Angeles VA Center and awoke to severe burning and pain in his legs. The radiologist failed to notice that the screw inserted into the veteran’s spine during surgery was malpositioned. After months of pain, a CT scan revealed that the screw had penetrated a nerve root. HM partner Jeffrey Milman successfully negotiated an $850,000 settlement for the veteran, plus retention of all federal and medical benefits.

Hodes Milman represented a 52 year-old pharmaceutical sales representative who developed a neurological disease as a result of Zyprexa, an anti-psychotic medication. The plaintiff was prescribed Zyprexa in 2003 and remained on the drug for five years. She later developed Tardive Dyskinesia, a facial and speech disorder, causing a deterioration in the plaintiff’s quality of life. Our attorneys argued that because of the drug’s potential negative side effects, and the availability of suitable alternative drugs, their client should not have been prescribed Zyprexa in the first place. Our firm settled the case for $850,000 on behalf of the plaintiff.

A 42-year-old woman underwent a sinus biopsy which pointed to a rare form of nasal cancer. The report was placed in the client’s chart, but went unseen by the doctor. It was only after returning to doctor with nasal bleeding, that the doctor discovered the report in her medical chart. After further imaging studies, it was found that the cancer eroded her orbit and she had to undergo surgery to remove portions of the orbit and her eye followed by chemotherapy and radiation. The plaintiff contended that had doctor followed the proper standards of care, the biopsy would have been reviewed, her eye would have been spared, and her prognosis would not have worsened.

A 39-year-old husband and father of two young children committed suicide while receiving psychiatric care for depression as a result of an inadequate dosage of antidepressant medication, and the psychiatrist’s failing to reevaluate his condition in a timely manner. The decedent first sought treatment for his depression from his primary care physician and was prescribed antidepressants, which led to both physical and emotional side effects. After two weeks, he returned to his physician, where he was deemed “not actively suicidal” and referred to a psychiatric specialist for further care. From June to July, the psychiatrist prescribed two different kinds of antidepressant medications and instructed him to return for further evaluation in 30 days. The patient died of a self-inflicted gunshot wound in August. HM represented the deceased’s wife and children, obtaining $840,000 for the victim’s family, arguing that the psychiatrist prescribed an inadequate dosage of antidepressant medication. If the psychiatrist followed accepted standards of care, the patient’s death by suicide would likely have been prevented.

A 35-year old wife and mother with a history of chronic depression and anxiety, including prior suicide attempts, as well as abuse of alcohol and prescription medication, overdosed on methadone and died while under the care of two physicians. The physicians prescribed the drug for the patient despite her questionable history with such substances, including a non-lethal methadone overdose one year prior to her death. Daniel M. Hodes with represented the plaintiff and her family; the case was settled for $800,000.

A 32-year-old male, who had been involved in a car accident, underwent surgery to replace a damaged disc in his neck. Due to surgeon’s negligence, he was given the wrong type of artificial disc at the wrong location. The mistake was due to a scheduling error resulting in the patient having to undergo another surgery to replace both artificial discs. The patient was unable to return to work, forcing him to obtain alternative employment at a lower wage. Dan Hodes represented the patient and obtained an $800,000 settlement.

A 60-year-old woman underwent a total left hip arthroplasty and awoke from surgery paralyzed from the knee down. Studies showed there had been severe damage to the sciatic nerve. She underwent additional surgery which confirmed there was a direct injury to the nerve resulting in her paralysis. It was below the accepted standards of care to traumatize the nerve and HM successfully obtained a $790,000 settlement on the day of trial.

A physician twice failed to inform a 54-year old father that his PSA levels were abnormally high, resulting in a five-year delayed diagnosis of prostate cancer. By that time, his disease had progressed to the point of incurability.

A surgeon biopsied the breast of a 47-year old woman, but failed to identify and remove the cancerous tissue. The 21-month delay in diagnosis meant a modified mastectomy, followed by complications necessitating more surgery. She can no longer work.

Hodes Milman represented a patient who was diagnosed with cancer after a gastrointestinal (GI) physician failed to properly warn him that he was at risk, indicated by a test three years prior. During a visit to the GI physician, the patient underwent a colonoscopy that identified a small mass, which was correctly interpreted by the GI physician as a risk for colon cancer. The GI physician indicated that he had informed the patient and his family about the risk of cancer, but the patient never received, and the family denied receiving such notice. Three years later, a different physician performed another colonoscopy on the patient, which revealed that the patient had cancer. HM attorneys contended that, had the GI physician properly informed the patient of his cancer risk, the patient would have sought a surgical consult and his cancer would not have spread. Claims were also brought against the Primary Care Provider, as a dispute existed regarding its ability to refer the patient to a specialist within the HMO system. HM settled the case for $750,000 on behalf of the patient.

A neurosurgeon and neurosurgical resident performed a decompressive lumbar laminectomy on a 58-year-old man. A durotomy occurred during the surgery ,causing injury to his sacral nerve roots S-2, S-3 and S-4. As a result, the man suffers from a neurogenic bowel and bladder. No settlement offer was made. At the arbitration, five neurosurgeons, who performed a combined total of 5,700 decompressive lumbar laminectomies, testified that the surgeries they performed had never resulted in a cauda equina syndrome. The arbitrator returned an award of $720,000. Daniel Hodes represented the Claimants.

An obese man with hypertension died after multiple visits to a VA Medical Center for treatment of flu-like symptoms as well as cough and congestion. With each visit, the doctors failed to diagnosis an inflammation of his deep veins caused by blood clots. Days after his last doctors’ visit, he was taken to the hospital and was noted to be in full cardiac arrest. The doctors had failed to prescribe anticoagulant medicine which would have averted his death.

A 58-year-old woman who underwent a procedure to determine if a growth in her breast was cancerous was not informed that the biopsy indicated cancer until more than 100 days had passed, diminishing her chances of survival and recovery. After discovering the lump during a self-examination, the plaintiff made an appointment with her OB/GYN, who detected the lesion and ordered a biopsy. One week later, she was informed that the results of the biopsy indicated the lesion was benign and that she should return in a year. Over the next three months, the lesion continued to grow; finally, the plaintiff made an appointment with a breast surgeon and requested her medical records from the defendant physician. At which point she was informed by the defendant that the original biopsy had actually indicated a cancerous growth. Treatment began immediately, including chemotherapy and a partial mastectomy; however, tests indicate the presence of residual cancer in her breast and lymph nodes, diminishing her chances of survival and recovery. Had she been informed of the correct diagnosis in a timely manner according to the standard of care, it is likely that her cancer would not have progressed and treatment would have been successful. Daniel M. Hodes represented the plaintiff, resulting in a $699,000 settlement.

Jeff Milman with HM represented a woman who developed breast cancer after her physician failed to order a biopsy, instead misdiagnosing the problem area as a cyst. The physician conducted an office-based ultrasound, which was not reviewed by a radiologist or done via Doppler, and determined that the lesion was consistent with fibrocystic disease and therefore, did not require biopsy, despite its irregular shape and mixed echogenicity. Ten months later, after the lesion was initially discovered, the mass was revealed to be cancerous. As a result of the delay in diagnosis, the plaintiff was forced to undergo aggressive chemotherapy, which also led to the damage of her nerves. The case was resolved in mediation for $696,000, plus the payment of mediator’s fees by the defendant.

A mother of two suffered an untimely death due to a misread mammogram that delayed her diagnosis of breast cancer by more than a year. She underwent a routine screening mammogram in March 2011, which was incorrectly read by the doctor and not investigated further through additional mammogram views and an ultrasound. When the woman visited a noted breast oncologist in July 2012, he concluded that if she had sought treatment from him in 2011 she would have been diagnosed as having a high grade triple negative tumor with an 80 to 90 percent cure rate. HM settled the case for $680,000.

A 24-year old mother of two, visited her obstetrician multiple times complaining of spotting. After ultrasounds and blood tests were performed, she was pronounced healthy and was not instructed to return for a follow up. Seven months later, she was admitted to the emergency room and was diagnosed with lung and metastastis and immediately began chemotherapeutic treatment. Unfortunately, because of the delay in diagnosis, she died. HM obtained a settlement of $650,000 for the two surviving children.

A 63-year-old man died following surgery to remove a benign ear mass at a surgi-center. The man had multiple health issues that included coronary artery disease, hypertension, diabetes and obstructive sleep apnea. Prior to surgery, the man had a high blood sugar reading, and the anesthesiologist assessed him as having severe systemic disease. In spite of these issues, both the ENT surgeon and anesthesiologist allowed the operation to go forward. Although the man had obstructive sleep apnea, steps were not taken to guard against an upper airway obstruction post extubation. Upon arrival in recovery, the man was apneic and unresponsive. The anesthesiologist twice attempted to re-intubate, but doctors failed to perform a tracheostomy. Paramedics took the man to a nearby hospital where he was pronounced dead. Dan Hodes represented the plaintiff’s family; the case resolved for $650,000 following mediation.

A 43-year-old mother of three went to a clinic with nausea, vomiting, abdominal pain and a periumbilical lump. Within two days, two doctors diagnosed the mother with gastroenteritis, and discharged her with medication. She was seen later in the day by an emergency physician and was diagnosed with appendicitis. While completing follow-up tests, the mother went into cardiac arrest and died. Plaintiff contends that if doctors diagnosed this as a surgical emergency earlier, she could have been saved.

Larry Eisenberg and Daniel Hodes of Hodes Milman, LLP secured a $6,000,000 settlement on behalf of a 10-year-old brain-injured child. His mother was pregnant with monochorionic twins in 2009 who shared one placenta. Twin B was growth restricted, due to unequal placental share, a velamentous cord insertion, and reverse end-diastolic
flow in his umbilical artery. The plaintiff alleged that once the pregnancy reached viability, the standard of care required hospitalization, close monitoring, and early delivery. Instead, monitoring was eased. Two weeks later, Twin B, the smaller of the two, was found to have expired. His death caused a hypoxic injury to Twin A, which was discovered at age six months. That twin now suffers from spastic quadriparetic cerebral palsy.

Daniel Hodes of Hodes Milman, LLP, and Juan D. Garcia of Garcia and Phan represented a 42-year-old woman who was to undergo a blood patch procedure at T12/L1. In injecting lidocaine to numb the area before placing the blood patch, the needle struck her spinal cord, producing permanent injury to her right leg. The case settled for
$1,500,000.00.