Recent Case Settlements and Verdicts
$15.7+ Million - Class Action Lawsuit Settlement
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 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.
$10 Million Settlement - Brain Injury
A 23-year old man twice sought treatment over a three day period at a local emergency room after experiencing a seizure and with severe headache. A CT scan showed an abnormality but at each visit he was discharged without further imaging, treatment or referral. He developed confusion and decreased consciousness and was then rushed to Rhode Island Hospital where he was diagnosed with meningitis. He has been left blind, paralyzed from the chest down and with cognitive deficits, and will require complete care for the rest of his life.
The settlement of this case insures our client will receive dignity and quality care for the rest of his life.
$8.7 Million Verdict - Loss of Limb
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. The orthopedic surgeon performed an open reduction internal fixation of the 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, a jury awarded the Plaintiff 8.7 million dollars.
$5,200,000. - Infant Brain Injury
A 7-month old boy was taken to an area hospital by his nanny after falling and hitting his head on a tile kitchen floor. A nurse practitioner evaluated him, touched the back of his head and told his mom 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 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 to do a CAT Scan of his head, which would have revealed an epidural hematoma (bleeding in the brain).
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. After settling the case, Deluca & Weizenbaum pressed for changes to regulations governing nurse practitioners, which were passed the next year.
$4,700,000. - Failed Spinal Surgery
A 15-year old Attleboro High School student who participated in various sports, including football, soccer and hockey was informed that he had 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.
$4.5 Million - Birth Injury Settlement
A healthy newborn required an immediate blood transfusion after delivery. The hospital and pediatrician were not trained to provide this basic care, and then delayed transfer to higher level hospital. Litigation revealed a cover-up by hospital. The child is left with profound brain injury and cerebral palsy.
The settlement of this case provides the baby and her family with support and a means for lifetime care.
$4,000,000. - Wrongful Death Verdict For Failure to Diagnose Cancer
An 18-year old New Jersey girl started college at Northeastern University 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. 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. We contended 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 and the jury returned a verdict against the university, ordering it to pay the deceased's parents.
$3.6 Million Settlement - School Bus Negligence
A child was hit by a car after being dropped off by her school bus at an unauthorized location, and she suffered permanent brain injury and requires lifetime care. Although the driver of the car had limited coverage, we successfully pursued litigation against the bus company.
The settlement proceeds were used to create a special needs trust to protect assets for the child's lifetime.
$3,500,000. - Construction Site Injury Settlement
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
$3,000,000. - Construction Site Injury Settlement
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 falling to provide fall protection; failing to properly construct a scaffolding; and allowing an unsafe condition to exist.
The case settled just prior to trial.
$2,900,000. Settlement - Failure To Properly Treat Eye Cancer
A 7-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.
$2.65 Million Settlement - Failure to Diagnose Brain Swelling
An emergency room's failure to diagnose cerebral edema in a teenager left the child with permanent cognitive deficits.
$1,607,000. Verdict - Negligent Prescription of Drug
A 60-year old woman was treated for reflux symptoms with a medication called Reglan prescribed by her family physician for prolonged periods of time, which resulting 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, a jury awarded the plaintiff $1.6 million dollars.
$1,500,000. Verdict - Negligent Prescription of Drug
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 movement 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.
$1,250,000. Settlement - Failure To Treat Infection
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 in the street prior to their arrival and was found by EMS to be a 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.
$1,250,000. Settlement - Failure To Diagnose Fracture In Cervical Spine
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.
$1.2 Million Settlement - Emergency Room Negligence/Wrongful Death
We brought suit on behalf of parents for failure to diagnose infection causing the death of single man. Suit was brought in Federal Court under Emergency Medical Treatment and Active Labor Act.
$900,000. - Physician Failure To Transfer Child With Life-Threatening Condition to Proper Hospital
A 2-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.
$850,000. Settlement - Birth Injury
An arm injury to a child at birth caused permanent disability. Plymouth County, Massachusetts
$700,000. Settlement - Failure to Advise Patient of Medical Finding
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 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 settlement provided this man's family with the economic security they need and deserve.
$300,000. Verdict - Slip and Fall
Painter slipped at rental apartment and injured wrist. Case tried by firm associates.
$375,000 Settlement - Auto Accident
Rear-end collision causing temporary memory loss to insurance executive.
$375,000 Settlement - Premises Liability
Woman injured by falling ceiling tile in elevator, causing exacerbation of headaches and anxiety.
Settlement - Amputation Injury/Loss of Limb
Leonardo Cos Elias was seriously injured at work when he became trapped and pinned by a piece of defective industrial machinery. The injuries he sustained resulted in the amputation of his leg and half of his pelvis. He can no longer sit up without support.
The case was settled in federal court resulting in compensation that can help him receive the treatment and support he needs into the future.