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Medical Malpractice Settlements
At Hodes Milman, LLP, we have represented hundreds of patients who have been wrongfully injured by a medical professional’s negligent conduct. As a team, we have successfully recovered millions of dollars and have helped our clients secure a better quality of life and future care. Dan Hodes, one of our founding partners, has tried medical malpractice cases for nearly 40 years and recovered over $35 million for his clients in one year alone.
Filing a lawsuit against a medical professional or medical institution can be a complex undertaking. Without a lawyer, this can be difficult, but working with a lawyer can help ensure you and your family receive the full measure of compensation under the law.
If you or a loved one were negatively affected by a medical malpractice issue, contact our Orange County-based law firm at (949) 640-8222. We are here to make sure your family obtains the settlement needed for a better life.
Featured Case Results
Man Suffers Large Posterior Circulation Stroke After Kidney Function Misdiagnosis
Cases Settled for
Three Patients Develop Surgical Site Infections After Operation From Surgeon Colonized With MSSA
Infant Requires Lifetime Care After a Birth Injury
Medical misdiagnosis is a broad term that covers situations such as the wrong diagnosis of a condition, diagnosing the wrong body part, diagnosing the wrong patient, failure to diagnose a condition, delayed diagnosis, and other disastrous scenarios. These can result in significant losses to the patient and their family.
$17.25 Million Settlement | 39-Year Old Man Suffers Stroke After Kidney Function Misdiagnosis
Daniel Hodes of Hodes Milman, LLP represented a then 39 year-old LAUSD substitute teacher who underwent surgery to excise a 5 cm subcutaneous neurofibroma from his right rectus muscle on July 18, 2019. His creatinine readings preoperatively indicated he was suffering from an acute kidney injury superimposed on his existing chronic kidney disease. In the peri-operative period, he suffered a large posterior circulation stroke. It was argued that this elective surgery should not have gone forward given his compromised kidney function. Had surgery not gone forward, he would not have suffered the stroke.
Kaiser offered $4,000.000.00 to resolve the case. The Arbitrator, Thomas Weaver, awarded $17,250,000.00
Insufficient Emergency Room Diagnosis Leaves 30-Year Old Woman in a Vegetative State; Settlement of More Than $4,000,000
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.
Failure to Diagnose Bacterial Infection Leads Women to Undergo Multiple Limb Amputations; Settled for $3,850,000
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.
Multiple Sclerosis Misdiagnosis Causes Liver Failure and Neurologic Injury; Settled for $2,100,000
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.
Woman Suffers Permanent Paralysis Due to an Undiagnosed Stroke; No Offer Case; Arbitration panel Finds for Plaintiff on Liability and Causation, Case then Settles
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.
Misdiagnosis Causes Neurologic Injury; Settled for $1,300,000
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.
Woman in Her Mid-30s Undergoes Radical Hysterectomy After Previous Negative Cervical Biopsy Results; Settled for $1,000,000
In a case handled by Daniel Hodes, an early 30’s married woman with a history of HPV underwent a cervical biopsy that was reported by pathology as showing endocervical adenocarcinoma in one of the specimens submitted. Her OB-GYN reported to her in her patient portal that “…your biopsy results are all negative.” Twenty months later, she experienced vaginal bleeding and another cervical biopsy was done which showed invasive endocervical adenocarcinoma. She was caused to undergo a radical hysterectomy and bilateral salpingectomy, thus sacrificing her ability to bear children naturally. Surrogacy is the couple’s only option. They desired 4 children. The case resolved for $1,000,000.00.
Woman Suffers Permanent Neuropathy Due to Misdiagnosis; Settlement of $950,000
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.
Mother of Three Dies Due to Misdiagnosis by Several Doctors; Settled for $650,000
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.
Veteran’s Injury Worsens after VA Physicians Fail to Diagnose Condition; Settled for $599,000
HM represented a veteran who sustained further injury after the treating VA physicians failed to properly diagnose burn-like symptoms on his ankle as a soft tissue infection. After being examined by the VA physicians, a VA employee placed a call to another hospital, where the head of the burn unit properly explained that the veteran was suffering from a rare soft tissue infection, which required surgery. The VA employee did not relay the message to the VA physicians, causing the condition to worsen, thereby requiring additional surgeries. Our attorneys argued that upon the phone call with the head of the burn unit, the VA physicians should have been notified of the veteran’s condition, and that the veteran’s displayed symptoms should have enabled a proper diagnosis, regardless. Jeff Milman settled the case for $599,000 in favor of the veteran.
Dancer Develops Progressive Arthritis Due to Failure to Diagnose Fracture; Settled for $185,000
Hodes Milman, LLP represented a dancer in his 20’s who developed painful and progressive arthritis after both a radiologist and orthopedic surgeon failed to diagnose and treat a fracture from an injury. The fracture progressed without treatment resulting in incurable arthritis, which ended the man’s career as a dancer. If the sleeve fracture had been recognized and properly treated, the man would not be facing a lifetime of arthritis and the need for a future knee revision. The attorneys at Hodes Milman, LLP settled the case for $185,000 on behalf of the client.
59-Year Old Man Dies After Misdiagnosis of Diabetes
2002, his tests indicated blood glucose of 164 and A1C of 6.5, and by early 2007 his levels drastically increased to blood glucose of 928 and A1C of 14.7. The doctor ordered the man to have labs done in 2003, and then on March 7, 2007, ordered him to go to the hospital, but he disregarded both. He was found dead March 8, 2007 by his 19-year old daughter. Since an A1C reading of 6.0 or higher is considered by most to be diagnostic for diabetes, the doctor under reasonable standards of care should have prescribed diabetes medication in early 2002. Additionally, if a “finger stick” blood glucose test was performed in March 2007, the man would have been taken to the hospital on site. Had either event occurred, it is highly likely the man would have survived.
Heart Disease Misdiagnosis Settlements
Heart conditions can frequently be life-threatening and must be rectified immediately. Failure to properly diagnose a heart disease or condition can lead to more serious issues like a stroke, blood clots, or heart attacks.
Man Dies Because His Severe Heart Disease Was Not Diagnosed; Arbitration award of $1,100,000
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.
Husband and Father Dies of Heart Condition That Doctor Failed to Diagnose; Settled For $1,000,000
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.
Failure to Identify Abnormal EKG Results Leads to Man’s Heart Attack and Eventual Death; Settled for $975,000
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.
Man Dies of Cardiac Arrest After Failed Diagnosis of Blood Clots in Pulmonary Arteries
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.
Medical Diagnosis of 58-Year Old Banker Leads to Wrongful Death; Settled for $500,000
A 58-year old man explained to his primary care physician that he had been experiencing muscle pains for four days in his upper body, which radiated to his left and right arms as well as his back. His wife testified that while he was climbing the stairs in their home her husband stated that he felt like he was “having a heart attack.” The defendant believed that the patient was suffering from statin-induced myalgia, and instructed him to discontinue his statins. Six days following the diagnosis, he was found unresponsive by his wife and resuscitative efforts were not successful. Plaintiffs argued that with the decedent’s initial complaints, accepted standards of required care would have been a specific marker for myocardial damage to the heart muscle and prompted an immediate referral to the emergency room, where revascularization would have ultimately saved the descendant’s life. Representing the plaintiffs was attorney Daniel M. Hodes who obtained a settlement of $500,000.
War Veteran’s Delayed Diagnosis of Heart Inflammation Necessitates Future Open Heart Surgery; Settled for $421,000
A war veteran complaining of dry cough, night sweats and high fevers reported to the VA hospital and was told he was suffering from bronchitis. After symptoms persisted, he was diagnosed with an inflammation of the heart and valves. The delayed diagnosis increased the potential for future open heart surgery, hospitalizations and loss of earnings.
Doctor Fails to Screen Veteran for Aneurysm Resulting in Emergency Surgery; Settled of $200,000
A war veteran with a family history of abdominal aortic aneurysms was advised to have semi-annual scans to monitor any changes. Despite several visits to the VA hospital, his doctor never recorded the family history, nor scanned for small aneurisms. Months later the veteran’s aneurysm ruptured, and he was rushed into surgery. A prior diagnosis could have meant elective as opposed to emergency surgery.
Cancer Misdiagnosis Misdiagnosis
In order for a patient to have the best chance at recovering from cancer, their condition needs to be diagnosed as early and accurately as possible. Any delays or misdiagnosis due to a doctor or hospital’s negligence can be critical in the patient’s fight against cancer.
67-Year-Old Man Received Delayed Lung Cancer Diagnosis; Settled for $1,150,000
Daniel Hodes of Hodes Milman, LLP represented a 67-year-old married man whose lung cancer diagnosis was delayed. The case resolved for $1,150,000.
66-Year-Old Man Succumbs to Liver Cancer After Screening and Intervention Failures; Settled for $1,000,000
Daniel Hodes and Jacob Brender of Hodes Milman, LLP represented the wife and eldest son of a 66-year old aerospace engineer who succumbed to liver cancer. In 2014, a hepatitis panel returned positive for a chronic hepatitis B infection, a precursor to cirrhosis and liver cancer. This was not appreciated by his PCP and as such, appropriate screening and interventions were not undertaken. He was diagnosed with advanced stage liver cancer in early 2018, and succumbed in June of that year. The case resolved for policy limits of $1,000,000.00.
47-Year-Old Woman Experiences 30-Month Delay in Ovarian Cancer Diagnosis; Settled for $1,000,000
Daniel Hodes of Hodes Milman, LLP represented a 47-year-old woman who underwent a pelvic ultrasound for pelvic pain. The radiologist reported a mass in her right ovary, however, the ordering physician claimed she never received the radiology report. As a consequence, there was a 30-month delay in the diagnosis of ovarian cancer. The case resolved for $1,000,000 policy limits of the ordering physician.
71-Year-Old Man Diagnosed with Stage IV Esophageal Cancer After 9-Month Diagnosis Delay; Settled for $1,000,000
Daniel Hodes and Jacob Brender represented a 71-year old man who developed dysphagia and difficulty in swallowing in November 2019. Imaging showed a mass in his esophagus. A biopsy of the wall of the esophagus was non-diagnostic, but the gastroenterologist did not perform an endoscopic ultrasound and ultrasound-guided biopsy of the inner wall of the esophagus. As such, his esophageal cancer was not diagnosed for another 9 months, at stage 4, the treatment for which is palliative not curative. The case resolved for policy limits of $1,000,000.00.
Six-Month Delay in Diagnosis of Ewing’s Sarcoma Leads to Liver Disease in 37-Year Old Husband and Father
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.
Pathology Report Shows Cancer Not Acted On Timely, Causes Cancer Progression and Prognosis Worsens; Settled for $850,000
A 42-year-old women underwent a sinus biopsy showing an esthesioneuroblastoma, which if untreated, can be fatal. The pathology report went unnoticed by the treating physician and the women returned to her regular physician a few months later with the same symptoms. Further testing revealed the disease progressed, conferring on her a worse prognosis.
42-year-old Woman Loses One Eye in Delay of Diagnosis of Nasal Cancer; Resolved for $850,000
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.
73 Year-Old Woman Suffers Stage IV Lung Cancer After a Failed Diagnosis; Settled for $800,000
James Chortanian and Daniel Hodes from Hodes Milman, LLP represented a 73 year old woman who underwent chest CT scans in December 2017, January 2018, March 2018 and August 2018. A enlarging lung lesion was visible on these studies but was not appreciated. It was not until April 2021 that the lesion was diagnosed as a lung cancer, but by that time it had advanced to Stage IV, not curable.
The case resolved for $800,000.00
64-Year-Old Man’s Condition Went From Likely Curable to Terminal After a Cancer Misdiagnosis; Resolved for $750,000
Daniel Hodes and Jacob Brender of Hodes Milman represented a 64 year old unmarried male who underwent a CT scan on March 30, 2018 to rule out neurofibromatous neoplasm. Incidentally present on the CT but unappreciated by the radiologist was an 8 mm cancer in the right lower lobe of his lung. A follow up CT scan was done on April 19, 2021. A cancer measuring 2.5 cm was diagnosed in the same location in his right lung. Work up revealed stage IV disease. As a result of the delay of 3 years, plaintiff went from likely curable to terminal. The case resolved for $750,000.
Five-Year Delay in Prostate Cancer Diagnosis; Settled for $750,000
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.
Man Diagnosed with Cancer After Doctor Failed to Warn of Risk; Settled for $750,000
Hodes Milman, LLP 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.
Young Mother of Two Dies from Uterus Cancer; Settled for $650,000
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.
Woman Suffers Metastatic Brain Lesions After a Melanoma Misdiagnosis; Settled for $600,000
Daniel Hodes of Hodes Milman, LLP obtained a $600,000 settlement on behalf of his now 46-year-old client, a wife and mother of three small girls. In 2012, she underwent a biopsy of a skin lesion on her back. This was read as a benign atypical melanocytic hyperplasia. In late 2016, work up of neurological symptoms revealed metastatic lesions in her brain. A review of the 2012 biopsy slides by an outside dermatopathologist confirmed a melanoma, with the brain lesions representing a metastatic spread of the same. She underwent immunotherapy with Keytruda and is cancer-free and very likely cured.
Delay in Diagnosis of Lesion Causes Man to Undergo Aggressive Chemotherapy; Settled for $450,000
In 2001, a 47-year-old man was treated by a dermatologist for a lesion that developed on his forehead. The doctor concluded that the lesion represented lupus and treated it only with topical steroids. The lesion did not go away, and in 2008, another biopsy revealed a Stage 4 cutaneous B-cell lymphoma. The Plaintiff underwent aggressive chemotherapy because of the delay in diagnosis.
70-Year-Old Woman Sustains Permanent Nerve Damage As A Result of Misdiagnosed Myeloma and Unnecessary Chemotherapy; Settled for $375,000
A 70-year-old woman suffered widespread and permanent sensory nerve damage as a result of an oncologist’s misdiagnosis of multiple myeloma, a type of bone marrow cancer. After undergoing a skeletal x-ray, the oncologist saw evidence of bone lesions, and targeted the woman for aggressive chemotherapy. However, after consulting with a specialist in multiple myeloma outside of her HMO, the woman discovered that she actually had a benign condition, not multiple myeloma. She immediately discontinued her cancer treatment, but due to the aggressive nature of the chemotherapy regimen, she had already sustained diffuse radial nerve neuropathy and polyneuropathy. Jeffrey A. Milman of Hodes Milman, LLP represented the plaintiff. Mediation resulted in a settlement of $375,000.
Medical Negligence in ER Delays Woman’s Cancer Diagnosis, Minimizing Her Chances of Survival; Settled for $370,000
A 52-year-old peri-menopausal woman presented to an ER with right lower quadrant pain radiating to the right kidney. A CT scan was done and orally reported by the radiologist to the ER physician as showing no evidence of appendicitis, but an enlarged lymph node was seen. The ER physician discharged the patient based on the oral report. The radiologist’s later report mentioned the possibility of cancer, but that report was never seen by the ER physician or the patient’s primary care physician. Four months later the patient presented with abdominal pain and bloating. A CT scan revealed bilaterally enlarged ovaries and multiple matted retroperitoneal lymph nodes. A diagnosis of incurable ovarian cancer was made. The presence of the enlarged lymph node in the earlier study conferred on the patient a terminal diagnosis. But it was argued that surgery at that time would have extended her life by up to two additional years. The defense offered no money to resolve the case. A judge returned a verdict in the patient’s favor for $370,000 plus costs of litigation. Daniel M. Hodes represented the patient.
Delay in Diagnosis Causes Advanced Cancer and Cosmetic Deformity; Settled for $325,000
A man suffering from chronic nosebleeds visited his doctor several times over a three-year period. The doctor did not order a biopsy believing the cause was digital manipulation of his nasal cavity. Eventually, a different physician diagnosed cancer of the nose and jaw resulting in surgery and cosmetic deformation.
Woman Dies After Doctor Misreads Chest X-Ray Showing Signs of Cancer; Settled for $275,000
A doctor failed to identify the mass in the X-ray of woman’s lung as cancerous, and did not order follow-up tests. Several years later she was diagnosed with stage IV lung cancer and died. Diagnosed in its early stages, the disease was curable.
Man Dies from Colon Cancer Because Doctors Did Not Follow Up on Removing Polyp; Settled for $250,000
A 77-year-old man died from colon cancer because doctors failed to remove a large precancerous polyp. The polyp was a type known to have a higher risk of becoming malignant, but neither the man nor his family were told about the risk. When the man, then 72-years-old, underwent the colonoscopy where the polyp was found, the gastroenterologist tattooed the length of polyp that was not removed during the colonoscopy, presumably for the surgeon who would remove the remainder. The follow-up surgery never took place. Approximately five years later, the man began experiencing gastrointestinal problems and underwent another colonoscopy. It was discovered he had colon cancer that had spread to his liver and lungs. He died the following year. The man’s family contended that they should have been told about the malignant potential of the polyp and that the man would not have died if it had been removed.
Four-Month Delay in Treatment of Gynecologic Cancer; Settled for $200,000
A 32-year old woman had surgery to remove a tumor. Pathology reports indicated the tumor was in fact, cancerous. She was mistakenly assured she was cancer-free. Several months later the woman returned complaining of increased adnominal bloating. She was referred to an oncologist and underwent surgery where a large cancerous tumor was removed. She began chemotherapy treatments and underwent multiple surgeries to remove remaining tumors. Hodes Milman, LLP obtained a $200,000 dollar settlement on behalf of their client.
Mistreatment of Undiagnosed Lymphoma Leads to Foot Drop; Settled for $180,000
A 55-year old woman was suffering from lower back pain when her neurosurgeon detected a lesion on imaging in her lumbar region that appeared to him to be benign. A gross total resection of the lesion was attempted, leading to a condition known as “foot drop” in which nerve damage or partial paralysis limits movement of the foot. A frozen section biopsy of the lesion, which was later determined to be a B-cell lymphoma that would have been better treated with radiation and chemotherapy, was not performed prior to the surgery. Dan Hodes with Hodes Milman, LLP represented the plaintiff in mediation, resulting in an $180,000 settlement.
Breast Cancer Misdiagnosis Settlements
Breast cancer misdiagnosis can result in a patient missing out on the opportunity to receive proper treatment at an early stage, when it’s often easier to prevent. An overlooked, delayed, or wrong breast cancer misdiagnosis can leave the patient in the tragic position where they have missed the window of treatment for optimal success.
Woman Suffers Incurable Breast Cancer Due to Delayed Diagnosis: Settled for $1,550,000
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.
52-Year-Old Woman Experiences Breast Cancer Treatment Delay After Diagnosis Error; Settled for $1,000,000
Daniel Hodes of Hodes Milman, LLP and Sean M. Burke of Burke | Argos represented a 52 year-old woman whose positive breast biopsy was not communicated to her, resulting in a 6 month delay in treatment of her triple negative breast cancer. Her survival probability went from 90% to 60-70% consequent to the delay. The matter resolved for policy limits of $1,000,000.00.
51-Year-Old Woman Diagnosed with Stage IV Cancer After an 18-Month Delay in the Diagnosis of Breast Cancer; Settled for $1,000,000
Daniel Hodes of Hodes Milman, LLP represented a 51 year old woman and her husband in a case involving an 18 month delay in the diagnosis of breast cancer. She saw her gynecologist for a left breast lump in August, 2018 and a mammogram and ultrasound were ordered. Those studies were done, and revealed an abnormality that correlated with the lump. Her gynecologist produced a phone record suggesting that he called her with the result and advised her to get a biopsy forthwith. That call was not documented, nor was a follow up letter sent to her. Plaintiff denied speaking with the gynecologist. In February, 2020, she saw him again, the lump in her left breast now occupying most of the breast itself. A diagnosis of Stage IV breast cancer was then made. The case resolved for $1,000,000.
19-Month Delay in Breast Cancer Diagnosis Leads to Death of 28-Year Old Wife and Mother of Two Young Children; Settled for $875,000
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.
21-Month Delay in Diagnosis of Breast Cancer; Resolved for $750,000
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.
Woman Diagnosed with Stage IV Breast Cancer as a Result of Misread Ultrasound; Settled for $750,000
A 48-year-old married mother of two children was diagnosed with Stage IV breast cancer one year after a radiologist who reviewed her breast ultrasound reported the study as normal and unchanged from earlier breast imaging. When a lump was discovered one year after the ultrasound, it was biopsied and found to be malignant. Review of the earlier ultrasound revealed a suspicious lesion, which warranted biopsy. Had that been done, it was argued that her cancer would have been diagnosed at an earlier stage, with a better chance of cure. Daniel M. Hodes represented the plaintiff; the matter resolved for the sum of $750,000.
Delay in Breast Cancer Diagnosis Diminishes Woman’s Chances of Survival; Settled for $699,000
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.
Woman Develops Breast Cancer After Physician Fails to Order Biopsy; Settled for $696,000
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.
59-Year-Old Woman Dies of Breast Cancer Due to Misread Mammogram; Settlement of $680,000
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.
Failure to Diagnose Breast Cancer Results in Wrongful Death; Settled for $525,000
A mother of three underwent a mammogram screening for a lump in her breast, It was a screening mammogram and not a diagnostic mammogram. In subsequent visits, she received an ultrasound that was read as normal, when in fact it was not, and was told to return in six months. After visits to multiple doctors, the woman was diagnosed with breast cancer. She underwent a partial mastectomy, chemotherapy and rehabilitation. After a year, she died due to three cancerous lesions which had metastasized from the primary breast site into her brain, lungs and leg. Had the original doctors performed the right procedures, the cancer would have been discovered earlier, and her life would have been spared.
Mother Dies of Treatable Breast Cancer Due to Hospital Negligence; Settled for $525,000
A 46 year-old mother died of breast cancer after her primary care physician and radiologist failed to read an ultrasound correctly, which was ordered because of abnormalities in her left breast. After seeking a second opinion from another doctor, she was told that the abnormality was cancerous and underwent immediate treatment. Ultimately, the cancer spread to three other areas of her body, and the patient was unable to overcome the disease. HM partner, Jeffrey Milman, represented the decedent’s children in the case, winning a settlement of $525,000 on behalf of the family.
Undiagnosed Breast Cancer Causes Woman’s Death; Settled for $350,000
After undergoing a routine mammogram screening on March 17, 2011, a 59-year-old woman was told that everything looked normal, and was not recommended additional mammogram reviews or an ultrasound. However, later reviews of the mammogram showed that the radiologist failed to identify an area of asymmetric density as potentially malignant. The woman later died of breast cancer, which had spread to her central nervous system. If she had been further evaluated soon after her mammogram, she would have been diagnosed with a triple negative tumor, a condition that had an 80% – 90% cure rate when promptly treated with a lumpectomy, radiation and chemotherapy. Jeffrey A. Milman of Hodes Milman, LLP represented the woman’s surviving family; mediation resulted in a settlement of $350,000.
Delayed Breast Cancer Diagnosis Leads to Mastectomies, Multiple Reconstructive Surgeries and Chemotherapy; Settled for $325,000
A 50-year-old woman’s breast cancer was not timely diagnosed by her doctor or the radiologist who performed her mammogram. The delay in diagnosis led to the woman having to undergo a double mastectomy, reconstructive surgeries and chemotherapy. The woman had visited her doctor after discovering a lump in her right breast. The doctor referred her for a mammogram and ultrasound, which were performed a week later. The radiologist assessed the tests as normal and recommended an annual screening mammogram. A few days later when the woman visited her regular doctor again, he “reassured” her, but also said they would consider an MRI or gene test for breast cancer risk. These tests never took place and on a following “well-woman” checkup to her doctor a few months later, the tests were not mentioned. The following year, the woman went for her annual mammogram and breast cancer was diagnosed. The suit was resolved in mediation.
Delay in Breast Cancer Diagnosis Leads to Unnecessary Chemotherapy in 69-Year Old Woman; Settled for $250,000
A 69-year old women’s routine mammogram was misread as healthy when she really had breast cancer. Once properly diagnosed, she underwent surgery, chemotherapy and radiation. Had the mammogram been initially read correctly, she would have not needed chemotherapy, which only marginally decreased the likelihood of recurrence. The defendant’s original offer was $40,000.
Surgical Error Lawsuit Settlements
Surgeons owe a duty of care to the patient to exercise sound medical judgment during the preparation, execution, and aftercare of the surgery process. Any error made in connection with a surgery can lead to serious injuries, which may require significant compensation through a settlement award.
Three Patients Developed Surgical Site Infections After Being Operated on by a Surgeon Colonized with MSSA; Cases Settled for $12,350,000
Jennifer Johnson and Daniel Hodes represented three patients who were operated on by an orthopedic surgeon who was known by the hospital to have been colonized with MSSA. Within several weeks, all three developed postoperative surgical site infections, and two developed severe neurological compromise as a result. Motions to amend to add punitive damages were made and granted. After 25 depositions, the hospital, the orthopedist, and his group paid $12,350.000.00 to resolve the cases.
51-Year-Old-Woman Suffers Stroke after Coiling and Stent Procedure; Settled for $6,000,000
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.
57-Year-Old Lawyer Suffers Loss of Vision After Improper Injection; Settled for $2,750,000
Jennifer Johnson and Daniel Hodes represented a 57-year-old lawyer who underwent a pars plana vitrectomy on Sept 9, 2020. The surgeon was to administer local anesthesia into the retrobulbar space behind the affected eye. Instead, it was alleged that the surgeon mistakenly injected into the subretinal space of the globe of the eye. It was contended that this caused a compartment-like syndrome in the eye, causing a complete loss of vision in that eye. It was alleged that plaintiff can no longer work as a lawyer on account of his injuries. The case resolved for $2,750,000 following mediation with Jay Horton at Judicate West
61-Year-Old Veterinarian Suffers Disabled Hand Due to Negligent Surgery; Settled for $2,000,000
Daniel Hodes of Hodes Milman, LLP represented a 61-year-old cow veterinarian who developed a vascular problem in his left dominant hand in February 2018. He underwent an attempted brachial to ulnar bypass, but his left hand was noted to be pulseless postoperatively. A second surgery failed to correct the problem, and he was eventually declared disabled from working as a cow veterinarian. It was argued that the surgeries were done negligently. The case resolved for $2,000,000.
50-Year-Old Woman Suffers Loss of Use of Left Arm After Attempted Biopsy; Settled for $1,500,000
Jennifer R. Johnson and Daniel Hodes represented a 50-year-old woman who underwent an attempted biopsy of what was believed to be a necrotic lymph node in her left neck. Her surgeon transected a major nerve in her brachial plexus, leaving her with the loss of functional use of her left arm. The case was resolved for $1,500,000.
Woman Develops Intractable Pain After Surgical Mishap; Settled for $1,000,000
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.
“Predatory Dentists” Found Guilty for Excessive Tooth Extraction After 5-Week Trial
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.
55-Year-Old Woman Suffers Paralysis in Connection with Surgery; Settled for $975,000
Daniel Hodes represented a 55-year-old woman, who underwent an attempted resection of a large (3.6 x 3.6 x 2.8 cm) left acoustic neuroma at the hands of a Skull Base ENT. She developed signal loss and suffered a stroke during the surgery leaving her with left-sided facial paralysis, balance issues, and difficulty performing executive functions. The case was resolved for $975,000.
42-Year-Old LVN Suffers Severe Pain After a Laparoscopic Cholecystectomy; Settled for $975,000
James Chortanian and Daniel Hodes represented a 42-year-old LVN who underwent a laparoscopic cholecystectomy on March 3, 2021. She developed severe post-op pain and was eventually taken back to surgery at another hospital, where it was found that she had suffered a transected common hepatic duct. Plaintiff continues to suffer from intermittent severe pain which prevents her from working full time as a LVN. The case resolved for $975,000 following mediation with Jay Horton.
Failure to Meet Accepted Standards of Care Paralyzes Women From the Knee Down; Settled for $790,000
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.
Man Dies After Doctors Allow Elective Surgery to Go Forward; Settled for $650,000
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.
63-Year-Old Patient Suffers Spiral Fracture After Negligent Plate Installation; Settled for $631,185
Benjamin Ikuta of Hodes Milman, LLP settled a medical malpractice case for $631,185 in May of 2020 in Los Angeles County where an orthopedic surgeon placed a plate meant for the humerus on a 63-year old patient. The plate broke, causing a severe spiral fracture, leading to a permanent disability.
58-Year-Old Man Dies After Stent Complications; Settled for $625,000
The decedent, age 58, presented to the ER on September 21, 2016, with complaints of mid-sternal chest pain radiating to his left arm. Workup revealed a non-STEMI. He was transferred to another medical center for a coronary angiogram two days later, which revealed a flow-restricting lesion in the obtuse marginal branch of the left circumflex artery. In attempting to stent that lesion, a major dissection occurred in the LAD and circumflex arteries. An Impella pump was placed, but the vast majority of his left ventricle had infarcted. He expired on December 28, 2016. Plaintiffs argued that it was below the standard of care to even attempt to place a stent in the lesion. The case settled for $625,000.
72-Year-Old Woman Suffers Face and Hair Burns After Improper Lipoma Surgery Preparation; Settled for $550,000
Daniel Hodes of Hodes Milman, LLP represented a 72-year-old woman who was to undergo elective outpatient surgery to excise a benign lipoma from her right forehead. Alcohol-based ChloraPrep was improperly used to clean her face and hair, and the OR team then did not wait sufficient time for the ChloraPrep to completely dry. Supplemental oxygen was administered and a cautery device was then employed. This combination of an ignition source (cautery device) an oxidizer–enriched atmosphere (oxygen) and an accelerant (ChloraPrep) ignited a fire in the OR, which burned plaintiff’s face and hair.
The case resolved for $550,000.00 after mediation with Geoffrey Gray.
48-Year-Old Woman Left with Abdominal Scar and Risk of Future Bowel Obstruction After Gynecologist Negligence; Resolved for $500,000
Daniel Hodes represented a 48 year old woman who underwent a hysteroscopic resection of a uterine polyp. The gynecologist inadvertently took the scope through the uterine wall and perforated the bowel without appreciating same. Three days later, she was taken to the OR and was found to have feculent peritonitis and perforation of her terminal ileum. She underwent a diverting ileostomy, which was taken down 5 weeks later. She is left with a significant abdominal scar and runs a significant risk of future bowel obstruction. The case resolved for $500,000.
Father Dies of Pulmonary Embolism Following Achilles Tendon Reconstruction; Settled for $500,000
Daniel Hodes of Hodes Milman, LLP secured a $500,000.00 settlement in a medical malpractice/wrongful death case. The decedent, a 58-year-old husband and father of a 12-year-old son, underwent Achilles tendon reconstruction and was placed in a hard cast two weeks later. He presented to the ER the following evening complaining of calf pain and pressure. The cast was partially bivalved and the pain abated but did not resolve completely. The following evening, he died of a pulmonary embolism.
Urologist Mistakenly Removes Wrong Ureter from Cancer Patient; Settled for $500,000
A 62-year old woman diagnosed with transitional cell carcinoma underwent a laparoscopic removal of her right kidney and ureter. However, the urologist mistakenly removed her left ureter instead of her right. Post-surgery, the patient began experiencing severe abdominal bloating causing her to be readmitted when the error was discovered. As a result, she underwent another surgery to fix the error and currently suffers from a variety of complications. Dan Hodes represented the plaintiff, obtaining a $500,000 settlement on her behalf.
Man’s Left Foot Amputated Due to Negligence of Physician’s Assistant – Settled for $405,000
A 53-year old man’s left foot was amputated after a physician’s assistant failed to recognize the severity of his swollen foot after multiple clinic visits. Over the course of several weeks, the plaintiff went to the clinic for a swollen and painful left foot and on his last visit there, he was feverish and his foot was gangrenous, eventually resulting in its amputation. Daniel Hodes with Hodes Milman, LLP resolved the case in mediation and the plaintiff was awarded $405,000.
Man Sustains Radial Nerve Damage and Earnings Loss Due To Botched Surgery; Settled for $400,000
A man working as a maintenance technician injured his non-dominant hand, and underwent an open reduction and internal fixation of the fracture performed by the defendant, an orthopedic surgeon. Several months later, he underwent a second operation after re-injuring his hand. The plaintiff later changed his insurance and underwent another surgery on his hand from a different surgeon, during which the surgeon performed a left radial nerve decompression because the radial nerve had been negligently compressed beneath a plate. This negligent nerve plating meant that the plaintiff would need further surgery in the future, and would not be able to pursue a career as a heavy equipment mechanic. Represented by Jeffrey A. Milman, the mediation resulted in a $400,000 settlement, with a portion to be paid via an annuity.
College Professor Crippled with Pain after Laparoscopic Pad Left in Body During Surgery; Settled for $350,000
A distinguished college professor has been left with crippling pain because the surgeon and the hospital operating staff who removed a malignant mass in her kidney left a laparoscopic pad inside her body. After surgery, she visited the surgeon because she was having severe abdominal pain; the surgeon dismissed it as nothing. When the patient sought a second opinion, a CT scan revealed that the surgeon had left a laparoscopic pad in her body. She had it fully removed, but suffered a great deal of pain affecting her ability to work. The plaintiff was represented by Jeffrey A. Milman, Esq. and Jason M. Caruso, Esq. of Hodes Milman, LLP , and was settled for $350,000, each defendant paying $175,000.
57-Year-Old Medical Engineer Suffers Pain After Elbow Surgery Error; Settled for $350,000
Daniel Hodes of Hodes Milman, LLP represented a 57 year old medical engineer who was to undergo surgery on his medial left elbow. Surgery was mistakenly done on his lateral left elbow. His medial elbow healed with injections of PRP, but his lateral elbow remains in pain despite similar treatment. The case resolved for $350,000.00
Woman Receives Wrong Surgery on Wrist After Complaining of Thumb Pain and Remains in Considerable Pain- Partially Resolved for $225,000
A 58-year-old women developed pain at the base of her right thumb and saw a primary care physician who referred her to physical therapy. After no improvement, she was referred to an orthopedist who diagnosed her as having DeQuervain’s tendonitis in her right thumb. Cortisone shots and further physical therapy provided no pain relief, so surgery was recommended. During a preoperative office visit, the doctor realized the surgery had been mis-scheduled as a carpal tunnel release in her wrist instead of DeQuervain’s surgery. He corrected the surgical scheduling, but at the time of the actual surgery, the change still wasn’t made on the hospital operating room schedule. The doctor “forgot” that he was to perform the surgery for DeQuervain’s tendonitis instead of a carpal tunnel release, and proceeded to operate on the woman’s wrist rather than her thumb. The woman has been undergoing intensive physical therapy, and remains in considerable pain.
Woman Sustains Hearing Damage During MRI; Settled for $132,500
Hodes Milman, LLP represented a 49-year old woman who suffered permanent hearing damage as a result of an MRI for which she was not advised to use ear protection as mandated by the MRI Center’s policies. A technologist at the center approached the plaintiff, who was undergoing a breast MRI, while she was face down and attempted to place an earplug in her ear. When the plaintiff asked whether the hearing protection was necessary, the technologist indicated that it was not and proceeded with the MRI. The plaintiff heard loud banging noises and experienced pain during the procedure, which led to permanent tinnitus and hyperacusis. The case was resolved in mediation, with the defendant ordered to pay $132,500 plus mediator’s fees.
Man Develops Viral Infection Resulting in Numerous Surgeries Following Insufficient Dental Care
After numerous dental procedures performed in the same time frame as various knee surgeries, a man suffered a viral infection that spread to his knee causing a need for more severe procedures on his knee. The dentist allegedly failed to give him the standard pre-procedure prophylactic antibiotics needed before a root canal.
Woman Sustains Further Injury from Car Crash after Negligent Doctor Performs Faulty Surgery; Settled for $130,000
A woman sustained a serious injury from a car crash, which was due in part to a medically negligent doctor installing faulty hardware during a procedure to correct cervical issues. The woman had a history of cervical pain, and underwent three procedures in a span of ten years to correct faulty hardware. Prior to the crash, it was confirmed that the woman had requested another procedure to correct a snapped screw, which was made worse by the crash. Jeffrey A. Milman and Jason Caruso of Hodes Milman, LLP represented the plaintiff, resulting in a $130,000 settlement.
Organ Surgery Error Settlements
Surgical errors that affect the internal organs can lead to failure of bodily systems, often placing the patient at critical risk of harm or even death. Organ surgery error cases require special consideration to determine liability, fault, and damages.
Newlywed Man in Permanent Vegetative State after Appendix Removal; Settled for $2,000,000
A newlywed man, who was hypertensive and had sleep apnea, underwent an emergency appendix removal. The doctor was instructed to keep him on airway assistance for 24 hours post-surgery, but the patient was improperly extubated before the anesthesia had worn off causing brain injury. He remains in an irreversible vegetative state.
Patient Requires Liver Transplant as a Result of Incorrectly Performed Surgery; Settled for $999,900
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.
Woman Dies of Pulmonary Embolism After Surgeons Fail to Take Preventative Measures Following Abdominal Surgery; Settled for $525,000
A 47-year-old wife and mother of four died of a pulmonary embolism after two surgeons failed to take preventative steps to avoid a deep vein blood clot following abdominal surgery despite the fact that she was at high risk for development of a clot. The patient, who had undergone a partial colectomy, was not prescribed medication to prevent the deep vein blood clot from either of her two surgeons, and died due to a saddle embolus as a result. Daniel M. Hodes represented the plaintiff and her family; the case was settled for $525,000.
27-Year-Old Woman Suffers Diseased Right Fallopian Tube after a Surgery; Settled for $400,000
Benjamin Petiprin and Daniel M. Hodes represented a 27-year-old pregnant woman whose OB-GYN mistakenly removed her left fallopian tube while performing a C-section delivery on July 11, 2017. A later hysterosalpingogram revealed a diseased right fallopian tube. Thus, any further pregnancies must be via IVF. The case resolved for $400,000.
Perforation of Colon Occurs During Attempted Biopsy of Ovary- Resolved for $250,000
A 54-year-old woman with a history of vaginal bleeding underwent an ultrasound which showed a complex cyst in her right ovary, and was thought to be a good candidate for an ovarian biopsy. The plaintiff underwent a hysteroscopy followed by an attempted laparoscopic biopsy of the ovarian mass, but upon entering, severe adhesions were noted. Her physician biopsied what was thought to be the ovarian mass but which was in fact a colonic diverticula. She was discharged that evening, but returned the following day with complaints of severe abdominal pain. A bowel perforation was diagnosed. She underwent a partial bowel resection. She slowly recovered, but developed a ventral hernia, which required further surgery, and also suffered from depression.
72-Year-Old Man Dies of Kidney Failure Due To Medical Negligence; Settled for $225,000
A 72-year-old man underwent a procedure to correct a weak artery, but the object put in place to strengthen the artery was set at the wrong location, causing blood to stop flowing into his kidneys. Even though an anesthesiologist pointed out the error a couple hours after the procedure, the hospital refused to correct it, and the man was placed on dialysis. He later died of kidney failure. Jeffrey A. Milman and Lee Weiss of Hodes Milman, LLP represented the plaintiff, resulting in a $225,000 settlement.
Neck and Spine Surgery Error Settlements
Errors that occur in connection with a neck or spine surgery can lead to issues like loss of mobility, paralysis, or loss of other bodily functions. These types of malpractice cases can be complex due to the connection between the spine and other parts of the body. A qualified attorney can help ensure all damages are considered in the lawsuit.
53-Year-Old Woman Suffers Spinal Cord Injury After Erroneous Injection; Settled for $1,000,000
Daniel Hodes and Jacob Brender from Hodes Milman, LLP represented a 53-year-old woman who, on July 15, 2020, underwent a cervical epidural steroid injection at C-7/T-1. It was alleged that the pain management physician injected directly into her spinal cord, causing a cord injury that has rendered her left upper extremity essentially non-functional. The case resolved for $1,000,000.
Man receives wrong artificial disc in neck surgery due to surgeon’s negligence; 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.
Lumbar Decompression Surgery Complications Cause 58-Year-Old Man to Suffer from Neurogenic Bowel and Bladder; $720,000 Awarded At Arbitration
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.
War Veteran Suffers Additional Spinal Injuries After Surgery to Fix Prior Spinal Issues; Settled for $400,000
A war veteran underwent surgery at a VA medical facility to relieve periodic neck pain. The medical professionals failed to perform up to an acceptable standard of care by neglecting to remove all of the disc material impinging on his spinal cord. This caused his pain to persist post-surgery.
Physician’s Neck Pain Escalates After Neurosurgeon Performs Wrong Operation; Settled for $400,000
Hodes Milman, LLP represented a physician whose neck pain was exacerbated after his treating neurosurgeon allegedly performed surgery at the wrong level in his cervical spine, resulting in increased pain and the need for additional surgery. For several years, the physician suffered from pain in the left side of his neck and left upper extremity which was treated with physical therapy and facet injections. After a kayaking accident caused even further neck pain, the physician consented to minimally invasive surgery suggested by his neurosurgeon. The neurosurgeon performed surgery at the wrong level, causing the physician’s pain to subsequently increase, and requiring additional surgeries. Hodes Milman, LLP attorneys argued that the neurosurgeon’s improper operation escalated the physician’s pain, and that the procedure was nonconsensual. The firm settled the case for $400,000 in favor of the physician.
Cosmetic Surgery Error Settlements
Cosmetic surgery errors can place a patient at serious risk of harm or injury. They can also involve unique types of damages such as those associated with scarring, disfigurement, and the resulting emotional/psychological damage from such unwanted bodily changes.
31-Year-Old Mother Suffers Fatal Complication from Cosmetic Surgery; Settled for $935,000
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, LLP resolved the case with a $935,000 settlement.
Surgical Errors During Liposuction Procedure Injure Woman; Settled for $500,000
A 27-year old woman underwent plastic surgical scar revision and liposuction, and was left with contour deformity. Two years later, a plastic surgeon recommended she undergo suction-assisted liposuction and fat grafting, however, two days following that procedure she was admitted to the hospital complaining of severe abdominal pain. A CT scan showed that her bowel was perforated in three places. After a lengthy hospitalization and several subsequent surgical procedures, she has significant abdominal wall defect. HM obtained a $500,000 settlement on behalf of the woman.
48-Year-Old Woman Blinded In One Eye from Cosmetic Filler Injection; Settled for $425,000
A 48-year-old woman who had previously undergone a brow lift and injections of a cosmetic filled called Radiesse in her bilateral temples underwent the subsequent injection of Judviderm, also in the temple areas. As the result of the build up of scar tissue from the prior Radiesse injections, the plastic surgeon had difficulty injecting the Juviderm. Excessive pressure exterted during the injection caused the Juviderm to betravel into the arterial system of the retina, resulting in blindness in that eye. The case resolved for $425,000.
Patient Suffers Bowel Perforation Following a Botched Liposuction Surgery; Case Settled for $255,000
Benjamin Ikuta, Esq. of Hodes Milman, LLP settled a medical malpractice action for $255,000 in July of 2020 against a plastic surgeon who perforated his male client’s bowel in three separate places during a liposuction surgery. After the patient was transferred to the hospital with complaints consistent with a bowel perforation, the plastic surgeon convinced the hospital physicians that the patient’s signs and symptoms were normal following a liposuction surgery. After going untreated for a few more days, the patient was finally transferred to a higher level of care where he had massive amounts of intestinal spillage and suffered from necrotizing fasciitis.
Pregnancy & Birth Injury Settlements
Pregnancy and birth injury cases can cause harm both to the pregnant mother and the infant involved. Birth injuries can result in permanent, life-long injuries or medical conditions that can rob a child of the chance of experiencing a normal upbringing. A settlement can help secure financial assistance for the lifetime costs associated with birth injuries.
$7.9 Million Settlement | Infant Requires Lifetime Care After a Birth Injury
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
Twin Child Suffers From Spastic Quadriparetic Cerebral Palsy After Negligence Related to Other Twin’s Death During Pregnancy Term; Settled for $6,000,000
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.
Pregnant Woman Sustains Permanent Brain Damage Resulting from Improperly Managed Respiratory Issues; Settled for $5,700,000
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.
Childbirth Error Causes Woman’s Uterine Rupture and Infant’s Hypoxic Brain Injury; Resolved for $5,000,000
Daniel Hodes represented a woman who was admitted to a hospital on July 7, 2020 for the labor and delivery of her second child. Her prior 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 such that a C-section should have been undertaken. She suffered a uterine rupture, and the baby suffered a hypoxic brain injury. The case resolved for $5,000,000.00
Infant Sustains Hypoxic-Ischemic Encephalopathy Birth Injuries; Settled for $4,250,000
Daniel Hodes of Hodes Milman, LLP represented a 4-year-old boy who was born on March 22, 2016. Labor was protracted – 33 hours. During that time, Pitocin was given, allegedly in excessive dosages, causing uterine tachysystole and hypertonus. This allegedly resulted in hypoxic-ischemic encephalopathy. The case resolved as to two defendants for 4,250,000.
Infant Suffers Seizures After Hospital Mismanages Ventilator and Breathing Tube; Settled for $4,100,000
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.
$2,500,000 Settlement: Lack of adherence to protocol causes premature triplets to contract infections killing two of the infants and severe brain damage to the third infant
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, LLP represented the triplet’s parents in mediation, resulting in a $2,500,000 settlement.
Baby Born with Down Syndrome After Negligent Interpretation of Prenatal Genetic Testing; Settled for $1,750,000
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.
Baby Born with Severe Birth Defects Due to Negligent Medical Care
A doctor prescribed Accutane to treat a 22-year-old woman’s acne. For years, the drug’s manufacturer had known that Accutane can cause birth defects, and initiated an educational program to reinforce the important of pregnancy prevention, including the recommendation that physicians twice administer a pregnancy test and require a signed commitment to use two forms of birth control while using Accutane. There is no evidence this patient was counseled about the risks, nor was she tested for pregnancy. In 2003, she became pregnant and two weeks later, stopped the Accutane treatment. When the baby was born, a CT scan revealed cystic expansion of one of the ventricles of her brain directly caused from utero exposure to Accutane.
Emergency Room Incorrectly Assesses Mentally Impaired Woman’s Pregnancy and Induces Birth Causing Trauma to Baby; Settled for $1,500,000
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.
32 Year-Old Homemaker Dies After Overmedication with Childbirth Induction Drugs; Settled for $800,000
Daniel Hodes represented the husband and 4 children of a 32 year-old homemaker who was induced for the delivery of her 4th child on April 24, 2019. She was given Pitocin and Cytotec as induction agents. It was alleged that she was overmedicated with these drugs, thus causing excessive uterine contractions that were not appreciated by the Labor and Delivery nurses of her OB-GYN. As a result, she suffered a uterine rupture and bled to death.
The case resolved for $800,000.00
37-Year-Old Woman Suffers Ruptured Ectopic Pregnancy; Settled for $400,000
Daniel Hodes represented a 37-year-old woman who presented to an Urgent Care with a 3 day history of increasing lower abdominal pain. A pregnancy test was positive, but an ultrasound was not done to rule out that her pain was as the result of ectopic pregnancy. The following day, she collapsed at home. She was taken to surgery and was found to have a ruptured ectopic pregnancy with a 2.5 liter accumulation of blood in her belly.
The case resolved for $400,000.00
Medication Error Settlements
Special care needs to be taken when medications are prescribed and administered to patients. Giving a patient the wrong dose or the wrong medicine can be disastrous and can lead to life-threatening situations. Such instances of medication or pharmacy errors require the assistance of a qualified lawyer to handle the complex issues involved.
Woman Dies of Cardiac Arrest and Anoxic Brain Injury after Being Given Incorrect Dosage of Epinephrine; Settled for $950,000
Daniel Hodes and Jacob Brender from Hodes Milman, LLP represented a 24-year-old man whose mother was to undergo a laparoscopic cholecystectomy. During surgery, she was given an incorrect dosage of epinephrine. As a result, she suffered a cardiac arrest and anoxic brain injury. She expired several days later. The case resolved for $950,000.
Discontinuation of Antibiotic Medication Puts Women in Irreversible Coma; Settled for $4,000,000
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.
94-Year-Old Woman Dies After Skilled Nursing Facility Fails to Check Her Insulin; Resolved for $1,007,500
Benjamin Ikuta, Esq. Ikuta of Hodes Milman, LLP resolved an Elder Abuse and Wrongful Death case against a Skilled Nursing Facility for $1,007,500 in January of 2021. The 94-year old elder was a known diabetic and bilateral amputee. She had been recently sent to the Skilled Nursing Facility with orders to check her glucose and administer insulin. The facility did not check her insulin even once and falsified records stating that the patient was alert and oriented. The patient became severely hypoglycemic and died several days later.
63-Year-Old Woman Suffers Above-the-Knee-Amputation After Administration of Blood Thinning Medication; Settled for $1,000,000
Daniel Hodes of Hodes Milman, LLP represented a 63-year-old woman who underwent surgery for ovarian cancer. She was placed on blood-thinning medication Lovenox postoperatively while in the hospital, but this was discontinued on her discharge. Eighteen days later, she was hospitalized with leg pain. An ultrasound revealed a deep venous thrombosis. Her lower leg became ischemic, which resulted in an above-the-knee amputation. The case resolved for policy limits of $1,000.000.
Woman Develops Neurological Disease Due to Improper Medication; Settled for $850,000
Hodes Milman, LLP 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.
Husband and Father of Two Commits Suicide After Psychiatrist Prescribes Inadequate Dosage of Antidepressants; Settled for $840,000
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.
Physicians Prescribe Methadone for Woman with History of Depression, Substance Abuse, Precipitating Overdose; Settled for $800,000
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.
12-Year-Old Child Suffers Bowel Obstruction Caused By Medication Error; Settled for $500,000
Benjamin Ikuta, Esq. of Hodes Milman, LLP settled a medical malpractice case for $500,000 against a pediatrician in February of 2021. The case involved a 12-year old foster child who was unnecessarily prescribed multiple medications, including Sulfasalazine by a pediatrician for a nonsensical diagnosis of inflammatory bowel disease. When the patient showed signs and symptoms of jaundice and sepsis, the doctor doubled the dose. The patient ended up hospitalized for several months due to a small bowel obstruction caused by the medication. The pediatrician’s office manager owned and operated the pharmacy, which was being run out of the pediatrician’s office.
Father Dies Due to Anesthetic Negligence; Settled for $500,000
A 60-year old man and father, who underwent surgery to remove a blockage of bile in his liver, died after anesthetic complications due to negligence. The father’s 15-year old son was represented by Daniel M. Hodes obtained a $500,000 settlement.
14-Year-Old Girl Suffers Necrosis After an Infusion of Chemotherapy; Settled for $350,000
Daniel Hodes of Hodes Milman, LLP represented a 14-year-old girl being treated for synovial sarcoma of the brachial plexus. During an infusion of chemotherapy, vesicant medication extravated from her port-a-cath in her left chest, resulting in necrosis to nearby skin, soft tissue, and muscles. She has undergone three corrective surgeries, and required one other. The case resolved for $350,000.00.
43-Year Old Woman Suffers Permanent Hearing Loss After Middle Ear Medication Injection; Settled for $262,500
Daniel Hodes of Hodes Milman, LLP represented a 43-year-old woman who suffered permanent unilateral hearing loss and tinnitus following an injection of a compounded medication into her middle ear. It was alleged that the medication was improperly compounded. The case resolved for $262,500.
32-Year Old Developmentally Disabled Man Dies Due to Insulin Mismanagement
A 32-year old developmentally disabled man with diabetes underwent several surgeries for a vertebral fracture. The day following his second procedure, the man’s insulin pump malfunctioned and his parents were allegedly forced to manage his insulin through injections. Over the next several hours, his blood sugar fell sharply causing a profound anoxic brain injury, which left him in a persistent vegetative state; he died thereafter. The facility contended that the parents insisted in managing their son’s insulin, however, the parents disputed this claiming that the facility acted below accepted standards of care by forcing them to manage their son’s insulin.
Man Suffers Injuries Resulting from Unmonitored IV Line During Hospital Stay; Settled for $50,000
A 73-year old man, who checked into a medical center after briefly losing consciousness at his home, suffered injuries to his arm due to extravasation resulting from an IV line that was not properly monitored. The plaintiff was given a 20-gauge IV catheter upon his arrival at the hospital. Since vesicants were being administered, the line should have been checked every 2 hours according to standard of care. However, proper monitoring of the line did not occur and infiltrating potassium – a caustic substance – leaked into the surrounding tissues, causing injury and necessitating the patient’s transfer to a different facility for further treatment. Jeff Milman and Jessica Vanden Brink with Hodes Milman, LLP represented the plaintiff and the case was resolved in mediation for $50,000.
General Medical Negligence Settlements
Medical negligence occurs when a doctor, nurse, or other healthcare practitioner fails to uphold the proper medical standards of care, resulting in harm or injury to a patient. In some cases, multiple parties or even an entire organization can be found liable for medical negligence.
UCI Fertility Clinic Resolves Dispute with 12 Individuals for More Than $4,000,000
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.
Elderly Man Suffers Brain Injury Caused By Negligent Nurses; Settled for $2,400,000
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.
42-Year-Old Woman Sustains Permanent Injury to Her Right Leg After a Lidocaine Injection Needle Struck Her Spinal Cord; Settled for $1,500,000
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
Veteran Amputee Insufficiently Treated for Increasing Back Pain; Settlement of $1,000,000
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.
Woman Suffers Chronic Pain Caused by Improperly Handled CT Angiogram; Settled for $993,75
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.
Negligent Treatment from VA Hospital Causes Months of Severe Pain for Veteran; Settled for $850,000
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.
52-Year-Old Father Dies Due to Cardiac Arrest After Receiving Negligent Care; Settled for $700,000
The decedent was a 52-year-old married real estate agent/broker and father of two college-aged children. His cardiac history was significant for the fact that he had undergone two PCI stenting procedures, resulting in the placement of five stents.
The decedent e-mailed Roe primary care physician explaining that
he had experienced two syncopal episodes two days earlier, accompanied by
heartburn-type pain. In response, Roe physician arranged for a non-urgent Cardiology consultation. He later died as a result of cardiac arrest.
Plaintiffs contended that, given the decedent’s cardiac history, accepted standards of care required an urgent cardiac consultation or immediate hospitalization. Had that occurred, it is probable that further cardiac intervention would have prevented his death. The case settled for $700,000.
66-year-old Gentleman Suffers Traumatic Brain Injury After Falling on His Head While Under Anesthesia; Settled for $600,000
Daniel Hodes of Hodes Milman, LLP and Sean M. Burke of Burke | Argos represented a 66-year-old gentleman who was allowed to fall on his head while under anesthesia for a robotic hernia repair, suffering a traumatic brain injury (disputed). The matter resolved for $600,000.
Man Suffers Brain Damage from Fall in Emergency Room; Settled for $550,000
A 66-year old man was admitted to the emergency room with symptoms thought to be consistent with alcohol withdrawal. While in the hospital, the patient was told numerous times not to get of bed, but insisted on doing so anyway. When his attending nurse tried to help him stand from the bed, he struck his head on the floor and was diagnosed with subdural hematoma and had to undergo emergent neurosurgical evacuation. He remained in the ICU for four weeks, and after returning home, he underwent two months of inpatient neurocognitive treatment. He now suffers from mild brain damage. Had the nurse employed the required strict fall precautions for the patient, his fall could have been prevented. HM obtained a settlement of $550,000 for the plaintiff
Elderly Woman Suffers Spinal Fracture Due to Hospital Negligence; Settled for $485,000
After being admitted to the hospital for injuries sustained from falling down the stairs in her own home, a 79-year-old woman fell again, while at the hospital, and suffered a spinal fracture alleged nursing negligence. The woman was supposed to be classified as a very high fall risk due to a heart condition, yet hospital employees failed to complete a fall risk assessment, and she was not treated as such. The fracture has caused her significant lifestyle limitations, rendering her unable to return to her job as a part-time guidance counselor. Daniel M. Hodes represented the patient, winning her a $485,000 settlement.
Disabled Patient’s Condition Worsens Due to Hospital Injury Caused by Medical Negligence; Settled for $400,000
A woman’s condition worsens after nurses fail to respond to her alarm when she fell out of her hospital bed at night. The woman had checked into the hospital to undergo surgery to correct chronic back and neck problems, which left her on total disability. The night after her surgery, she slipped and fell while trying to get out of bed to use the restroom. Even though she pressed the alarm for help, no nurses showed up to assist her, and no fall was reported in the nurse’s notes. The nurse’s medical negligence caused the woman’s injury to worsen, and she had to receive surgery a couple days later, and again several months later, but despite the surgeon’s attempts, she remained in total disability, and was unable to return to work. Jeffrey A. Milman represented the plaintiff, resulting in a $400,000 settlement.
US Courts to Eliminate Cruise Companies Immunity From Medical Negligence Lawsuits, Settled for $350,000
A distinguished college professor has been left with crippling pain because the surgeon and the hospital operating staff who removed a malignant mass in her kidney left a laparoscopic pad inside her body. After surgery, she visited the surgeon because she was having severe abdominal pain; the surgeon dismissed it as nothing. When the patient sought a second opinion, a CT scan revealed that the surgeon had left a laparoscopic pad in her body. She had it fully removed, but suffered a great deal of pain affecting her ability to work. The plaintiff was represented by Jeffrey A. Milman, Esq. and Jason M. Caruso, Esq. of Hodes Milman, LLP , and was settled for $350,000, each defendant paying $175,000.
82-Year Old Man Dies After Falling Off Roof and Receiving Insufficient Medical Care; Settled for $350,000
An elderly man fell off of a roof. He was seen in the emergency room and discharged, and over the next few days was twice admitted to another emergency room. On the second of these visits, the hospital’s ICU failed to hook up proper suction. The man projectile vomited and died.
48-Year-Old Man with Disabilities Suffers Permanent Injuries; Settled for $235,000
Hodes, Milman represented a 48-year-old man with disabilities who suffered permanent injuries at the hands of a doctor. The case was settled for a total of $235,000, which included medical fees and a settlement for the man’s wife.
Patient Dies Because Doctor Inserted Chest Tube Incorrectly; Settled for $180,000
Hodes Milman, LLP partner Jeffrey Milman successfully negotiated a $180,000 settlement for the family of a recovering cancer patient who died after a physician reinserted a chest tube incorrectly. The patient, diagnosed with Stage 2 lung cancer, had undergone a successful lobectomy and was doing well post-surgery. In preparation for her discharge, the woman moved abruptly, causing a chest tube to dislodge. The attending physician reinserted the chest tube incorrectly causing the patient’s immediate demise.
Autistic Man Physically Assaulted; Settled for $100,000.
A 25-year-old highly functioning autistic man was staying at a group facility. In July 2008, the young man suddenly became agitated. Rather than having proper staffing and necessary precautions in place, four staff members placed him in restraints and assaulted him several times. Two days later, an x-ray revealed an acute arm fracture requiring an open reduction with bone-grafting surgery. A few months later, the young man developed an infection and had to undergo a second surgery.
Nursing Assistant Fractures Elderly Man’s Femur While Transferring Him to a Bed; Settled for $150,000
An 89-year old man who recently underwent a total hip repair was transferred to a skilled nursing facility post-surgery. While at this facility, a certified nursing assistant was attempting to transfer him to a bed when the plaintiff heard and felt a loud pop in his left femur. Shortly after, it was discovered that the plaintiff had sustained a fracture to his femur and was forced to undergo another surgery, resulting in a lengthy recovery period. Dan Hodes with Hodes Milman, LLP represented the plaintiff, settling the case for $150,000.
What Does the Average Settlement for Medical Malpractice Cover?
Many people don’t know that a medical malpractice settlement covers far more than just medical bills. Medical malpractice can affect far more than just a person’s physical body; for this reason, the average malpractice settlement can cover both economic and non-economic damages.
Economic damages (quantifiable or measurable losses) include:
- Loss of past and future earnings
- Loss of household services
- Past and future medical expenses
Non-economic damages (non-quantifiable losses) may cover:
- Pain and suffering
- Loss of enjoyment of life
- Worsening of prior injuries
- Emotional anguish
Without a lawyer, it is possible that a survivor of medical malpractice might leave some of their monetary compensation on the table, because they don’t know what they are entitled to under injury laws. However, a lawyer can see to it that the full scope of your losses are considered when negotiating. for a settlement amount.
Contact a Medical Malpractice Lawyer
Injuries caused by medical malpractice can be lifelong, permanent, and in some cases, life-threatening or fatal. Medical malpractice cases are complex and must be handled by an attorney who has the experience and skills to obtain the ideal settlement amount.
At Hodes Milman, our team has generated proven results on behalf of our clients. We can make this difficult time easier for you and your family.
We will do all of the legal work for you so you can focus on recovering and getting your life back on track. Contact us at (949) 640-8222 to schedule a free, no-obligation consultation where we can assess your situation. We will work tirelessly to ensure you receive what you deserve under the law.
ABOUT HODES MILMAN, LLP
Hodes Milman, LLP has won $200 million and has over 30 years of experience securing justice for victims of negligence. We are proud to call our clients family and offer them the resourceful, committed and accessible legal advocacy they deserve.
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