Cases of Interest

Here is a sampling of cases that have been represented by DeLuca and Weizenbaum.

Class Action Lawsuit settled in excess of $15.7 million.
A class action lawsuit brought in state and federal court on behalf of Blue Cross/Blue Shield subscribers charged that Blue Cross was systematically mishandling subscriber's claims for certain types of services, forcing subscribers to pay more than their contractual share.

The settlement of this case allowed thousands of Blue Cross subscribers to receive substantial refunds from Blue Cross/Blue Shield.

Medical Negligence Verdict for $8.7 Million.
In February of 2001, a 56-year old married man and father of 3 adult children with a history of peripheral vascular disease, previous vascular intervention, and diabetes, experienced dizziness, twisted his ankle and fell. He was evaluated in the emergency room of a local hospital. Examination showed that the ankle was swollen and x-rays revealed fractures. He was discharged from the emergency department with instructions to follow up with an orthopedic surgeon. At that follow-up visit the doctor documented that fracture blisters had developed. X-rays were taken and interpreted as showing bone displacement. Surgery was postponed to allow the swelling to dissipate. Later, he was admitted to a local hospital for outpatient surgery. The orthopedic surgeon performed an irrigation and debridement of the fracture blisters with open reduction internal fixation of the left bimalleolar ankle fracture. Because of his history of peripheral vascular disease, he was at risk for non-healing wounds. After this surgery, he continually complained to the orthopedic surgeon of increased pain and drainage from his wound. His wound became infected which resulted in a below the knee amputation of his left leg.

After a seven-week trial in Providence Superior Court in October of 2007, a jury awarded the Plaintiff $8.7 million dollars.

Medical Negligence Settlement for $5,200,000.
A 2 year old boy was taken to an area hospital by his nanny after falling and hitting his head on a tile kitchen floor. He was evaluated by the triage nurse and admitted into the urgent area of the emergency department. He was noted to have a bump on the right side of his head. A registered nurse practitioner evaluated him, touched the back of his head and told his mom that there was no fracture and he was discharged home without any imaging of the baby’s head. A few hours later, the baby was brought back to the hospital emergency department because he would not wake up from his nap. Upon arrival at the hospital and after examination with a CT scan, it was found that the baby had a bleed in his head. We claimed on behalf of the baby and mom, that the hospital should have kept the baby at the emergency department at the first visit to observe him for signs and symptoms of a skull bleed for at least one hour and/or do a CAT Scan of his head, which would have revealed an epidural hematoma (bleeding in the brain). This would have resulted in the immediate transfer of the baby for surgical intervention. In addition, we claimed that had the baby’s epidural hematoma been identified within 1-2 hours of his first visit to the hospital and surgery performed, he would not have experienced the severe and permanent neurological injuries he did sustain.

The family's multi-million dollar recovery is now in a trust for the child to be used for educational and medical expenses, as well as for his future support.

Medical Negligence Settlement for $4,700,000.
A 15-year-old Attleboro high school student who participated in various sports, including football, soccer and hockey, was informed that he had a severe scoliosis following a school screening. As a result, his family chose to have spinal surgery which was performed by an orthopedic surgeon at a local hospital. During the course of the surgery, a monitor alerted the surgeon that the patient's spinal cord was being compressed. A neurologist was consulted to determine if the surgery should be halted because of the abnormal monitor tracing. The neurologist took no action. As a consequence of the neurologist's inattention to the monitor tracing, this boy became paralyzed from the waist down.

Just prior to the commencement of the trial, the case was settled for a substantial sum of money that will allow this young man to have the resources he needs for rehabilitation and a secure economic future.

Wrongful Death verdict for $4,000,000.
An 18-year-old New Jersey girl started college at Northeastern University in September 1992, and began experiencing tiredness and severe night sweats and chills. Over the next few months, she went to the college health care center on several occasions. Each time she was told that she had a virus and was prescribed fluids, Tylenol and rest. None of the nurses or doctors who treated her at the health care center ever ordered a blood test. In February 1993, she became so sick that her father drove to Boston and took her home to recuperate. Several days later, she died of acute myelogenous leukemia. The case was filed in 1996, contending that the university and two of the treating physicians failed to properly treat her by not performing a blood test or referring her to a hospital for evaluation and treatment of her symptoms.

The case went to trial in February 2000 and the jury returned a verdict against the university, ordering it to pay the deceased's parents.

Construction Site Injury case settled for $3,500,000.
A 38-year-old male, while placing shingles on a roof during a construction project, fell to the ground and was permanently paralyzed from the waist down. The general contractor was sued for failing to provide fall protection and proper equipment to allow this worker to perform his job safely.

This case settled prior to trial.

Construction Site Injury case settled for $3,000,000.
A 35-year-old married man and father of two children was working as a carpenter when the scaffolding he was standing on collapsed. He fell 25 feet to the ground and the impact crushed his legs. The general contractor was sued for failing to provide fall protection; failing to properly construct a scaffolding; and allowing an unsafe condition to exist.

The case was settled just prior to trial.

Medical Negligence Settlement for $2,900,000.
A seven-year-old girl with vision problems was diagnosed with a retinoblastoma tumor in her left eye. Surgery was performed to remove the tumor, but the surgeon did not properly excise the tumor and the mass recurred, this time spreading to other areas of the child's eye socket.

The case was settled for a sum large enough to provide for the child's education, medical needs and future economic security.

Medical Negligence Verdict for $1,607,000.
A 60-year old women was treated for reflux symptoms with a medication called Reglan by her family physician for prolonged periods of time, which resulted in her developing Tardive Dyskinesia (“TD”), a condition marked by involuntary movements of the tongue and facial muscles.

After a four-week trial in Providence Superior Court in November of 2006, a jury awarded the Plaintiff $1.6 million dollars.

Medical Negligence verdict for $1,500,000.
A 26-year-old man who attended a day program in Providence for the mentally retarded was prescribed the drug Risperdal by one of the program's psychiatrists. Risperdal, an anti-psychotic medication, was new to the market at the time. It carries the risk, particularly in patients with brain damage, of the development of a number of involuntary movement disorders, including Tardive Dyskinesia, which causes abnormal and involuntary movements of the extremities. In spite of this risk, the psychiatrist never told the man's mother that her son was being put on an anti-psychotic drug or to watch for the early signs of the movement disorder. The man developed Tardive Dyskinesia and suffered severe symptoms for two years.

The case went to trial and the jury awarded the plaintiff.

Medical Negligence Settlement for $1,250,000.
In January of 2003, a 31-year old high school music teacher complained to his family that he was not feeling well. According to his mother, her son called EMS, but they could not find his address so he went outside to the street to meet them. He collapsed on the street prior to their arrival and was found by EMS to be lethargic, cold and hypoglycemic. Rescue transported him to a local hospital emergency department. He was later pronounced dead from pneumonia and sepsis.
We claimed on behalf of the Plaintiff’s family that the emergency department physician was negligent in that his response to the plaintiff’s hypothermia, abnormal vital signs, acidosis, decreased oxygenation, lab results, mental status, and his acutely ill condition fell below standards of care. We claimed that he required timely, aggressive fluid resuscitation, which the emergency department physician did not provide.

The case was settled prior to trial. The settlement provided this young man's family with the economic security they need and deserve.

Medical Negligence Settlement for $1,250,000.
A 38-year-old male with back problems became paralyzed when a fracture in his cervical spine went undiagnosed on three separate occasions at a hospital emergency room. On all three occasions, the ER physician chose not to order a simple x-ray on the patient's neck.

The case was settled after two weeks of trial.

Medical Negligence Settlement for $900,000.
A two-year-old boy developed a high fever for several days and was taken to his primary care physician. Although the physician considered the possibility that the child had meningitis, he failed to transfer the child to a hospital capable of treating this life-threatening condition. As a result, the child developed an infection in his brain which required surgical intervention. Although the child survived, he is left with impairments to his vision as well as weakness in his extremities.

The family's recovery sum is now in a trust for the child to be used for educational and medical expenses, as well as for his future support.

Medical Negligence Settlement for $700,000.
A 61-year-old male pediatric nurse developed back pain that got progressively worse over several days. He went to the emergency room of a local Rhode Island hospital and, although a CT scan of his back showed a mass, he was never advised of this finding. Two years later, a CT of the abdomen revealed a renal cell carcinoma which had enlarged and, ultimately, resulted in his death.

The case was settled prior to trial. The recovery sum provided this man's family with the economic security they need and deserve.