San Francisco Brain & Spinal Cord Medical Malpractice Attorneys
San Francisco Bay Area - Los Angeles - San Diego - Nevada
Delayed Diagnosis of Appendicitis, Brain Damage - $4,450,000 Settlement
Our pediatric brain damage specialists negotiated a medical malpractice brain damage settlement in this case in the amount of $4,450,000 on behalf of a 2-year-old boy who suffered a delayed diagnosis of perforated appendix, which led to peritonitis, metabolic acidosis and ultimately a cardiac arrest which deprived his brain of oxygenated blood. Our young client's original symptoms began a week before his anoxic episode, and during this period his father brought him for outpatient treatment to the defendant clinic on three separate occasions. He was finally hospitalized two days before the arrest occurred. After the arrest, he was resuscitated and was hospitalized for almost five months. He suffered extensive brain damage which resulted in blindness, impaired cognition, and spastic quadriplegia. The amount of the recovery made by walkup's brain injury team was capped by California's MICRA law. The child requires around-the-clock care. $2,950,000 of the settlement was paid in cash, and $1,500,000 was used by the defendant to fund future structured payments to cover the cost of ongoing attendant care and nursing needs.
Failure to Diagnose Cardiomyopathy - $4,000,000 Brain Damage Award
Our medical malpractice brain injury team represented a 12-year-old boy in a claim against Kaiser Foundation Health Plan. After demonstrating signs of possible cardiac insufficiency, including fainting spells and seizures, our young client sustained a myocardial infarction (heart attack) that resulted in cessation of blood flow to the brain. As a result, global hypoxic anoxic encephalopathy caused global brain damage and made him wholly dependent upon others for support. Our brain injury attorneys, with the assistance of specialists in the fields of neurology, pediatric cardiology, neurosurgery, life care planning, economics and vocational rehabilitation, brought a claim against the health plan, which paid a combination of annuities and lump sum cash having a present cash value in excess of $4,000,000.
Undiagnosed Cardiac Tamponade - $3,200,000 Brain Damage Settlement
A combination cash and annuity settlement having a present cash value of $3,200,000 was recovered by Walkup, Melodia traumatic brain injury lawyers on behalf of a 49-year-old man who developed a cardiac tamponade four days after undergoing open-heart surgery. The problem was neither timely diagnosed nor treated, and cardiopulmonary arrest ensued. By the time he was resuscitated, the patient had sustained severe anoxic brain damage. As a result of injury to the brain, he suffers from spastic quadriparesis, cortical blindness, dysarthria, cognitive impairment, loss of bowel and bladder control, and dysphagia. Under the terms of the agreed-upon settlement, an annuity was funded to provide $15,000 per month for life, increasing by 4.5 percent per annum, to offset the cost of attendant and nursing care. In addition, $1,563,000 was paid in cash.
Failure to Diagnose Hyperbilirubinemia - $2,900,000 Quadriplegia Settlement
Our medical malpractice neurologic injury team of medical malpractice specialists obtained a settlement having a present cash value in excess of $2,900,000 on behalf of a 9-year-old boy whose hyperbilirubinemia went undiagnosed during the first week of his life. As a result, he developed spasticity and partial paralysis . He requires daily attendant care. Our neurological injury attorney team brought a claim against the hospital where the child was born, as well as against the child's pediatrician, claiming that both ignored signs and symptoms of developing AB-O blood incompatibility. Our client's parents testified that daily calls to their pediatrician complaining of jaundice were ignored.
The recovery was limited by California's medical malpractice recovery statutes. Walkup lawyers recovered economic damages, a substantial portion of which were dedicated to annuities to offset the cost of ongoing medical care, and to provide for the child's ongoing attendant care, special education, occupational therapy, and other needs.
Failure to Diagnose TIA - Stroke/Brain Damage Settlement
Our brain injury attorney team negotiated a settlement on behalf of a 51-year-old man who suffered loss of vision, balance problems, hearing loss, headaches, cognitive impairment, and short-term memory loss when Kaiser South San Francisco personnel failed to timely diagnose and treat his transient ischemic attacks (TIA). The patient suffered a massive stroke as a result.
The patient visited the Kaiser emergency room several times in the days leading up to his stroke. His symptoms included neck tightness, numbness in his hands and face, slurred speech, drooling, dizziness, and balance problems. Though a nurse practitioner suspected TIA and suggested a carotid ultrasound, none was ever ordered. When the patient presented to the ER the day before his stroke, Kaiser doctors delayed several hours in performing a CT scan and administered inappropriate medications. Our brain injury lawyers were able to show that timely diagnosis and administration of the proper medications could have prevented the patient's stroke. The settlement included cash and annuity payments guaranteed to provide for in-home care for the client's life, as well as compensation for lost earnings. It also included the MICRA maximum amount for non-economic damages.
Misdiagnosis of Aortic Dissection - $1,100,000 Brain Damage Mediation Award
Our brain injury lawyers obtained a mediated settlement of $1,100,000 on behalf of a 56-year-old real estate broker who suffered brain damage after Kaiser Richmond Emergency Room doctors misdiagnosed his aortic dissection as angina, delaying treatment of this surgical emergency.
The patient presented to the Kaiser Richmond ER at 10:00 a.m., complaining of severe chest pain. He was forced to wait as his pain intensified until his wife demanded immediate care. Despite signs of possible aortic dissection, angina was diagnosed and the patient was started on an aggressive regimen of anticoagulants, which were contra-indicated. Nearly ten hours later, the patient was transferred to Summit Medical Center in Oakland to undergo angioplasty. Pre-surgery tests indicated that the patient was suffering from aortic dissection and surgery ensued. However, due to the extensive bleeding caused by the anticoagulants administered at Kaiser Richmond, the patient bled heavily throughout the surgery, and for several days following. The result of this extensive blood loss included anoxic brain injury, manifesting in complete short-term memory loss, decreased IQ, decreased motivation, and a completely new passive personality. Settlement, which included both cash and annuity payments, included the full California Medical Injury Compensation Reform Act (MICRA) amount for non-economic damages, as well as for lost past and future earnings and for compensation for past and future medical expenditure.
Toll-Free Call: 877-742-0270
Contact our firm today. The traumatic brain injury attorneys and spinal cord injury lawyers at Walkup, Melodia, Kelly & Schoenberger represent clients in California and Nevada. An attorney will meet with injured people and their families in our office, at their homes, or in their hospital rooms.
