Verdicts & Settlements

Summary: Thirty-three year old woman with no significant medical history presented to her dermatologist with complaint of a skin lesion on her lower leg. Skin lesion was appropriately excised and sent to pathologist for examination. Pathologist reported to dermatologist that lesion was malignant. Dermatologist failed to notify the patient, and dermatologist failed to prevent the spread of cancer by excising the skin “margins” surrounding the site of the lesion. This failure by the dermatologist to follow-up on the pathologist’s abnormal pathology report resulted in the spread of skin cancer, until it was ultimately detected and excised two years later. The patient survived her melanoma, but the delay in treatment resulted in substantial loss of skin and muscle mass. The dermatologist was sued for his negligence that caused the patient to suffer a diminishment in her chances of surviving her melanoma (i.e., “loss-of-chance-of- survival”); permanent disfigurement; and pain.

Result: Case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: Baby girl born two weeks post due date. APGAR scores at birth were high, indicating a healthy neonate. Within hours after birth, baby became infected with Group B Streptococcus. The infection went undiagnosed for three days, during which time the Group B Strep infection caused catastrophic encephalopathy of the brain. Child suffered total permanent disability. The neonatalogists and the hospital were sued for the damages caused by their negligent care of this neonate. The obstetricians were sued for their unwise attempt to deliver a ten pound fetus through the vagina of a 4’8″ mother. The plaintiff’s mother was a Mexican immigrant and the plaintiff’s father was a Guatemalan immigrant, both in the U.S. illegally. A Bank was appointed to serve as guardian of the child, and was the plaintiff in the lawsuit. The child’s life care plan totaled $4 million, with a 20 year life expectancy for the child.

Result: Case against the Obstetricians, the Hospital, and the Neonatologists settled prior to trial. A Special Needs Trust was established to receive and manage settlement proceeds. The Bank serves as trustee. The terms of the settlement are protected by a confidentiality agreement.

Summary: Middle-aged woman who performed clerical office work suffered chronic degenerative disk disease in her cervical spine. Routine anterior cervical diskectomy with fusion (ACDF) at the C6-C7 level resulted in diminishment of feeling and motor control of her right arm and hand. Her spinal cord had been injured when the surgeon “tapped” into place the allograft bone that had been harvested from a cadaver. Lack of surgical care resulted in a lesion on the patient’s spinal cord when the allograft bone struck against the cord. The patient became permanently disabled from work.

Result: We represented the client before the Social Security Administration, where she was found to be a disabled person pursuant the Social Security Act, and all SSA benefits were awarded to her. We also represented her in the District Court in her claims against the neurosurgeon whose negligence caused the lesion to the spinal cord. The medical malpractice case settled before trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: Homeowners suffered severe hail damage to roof of their house. Roof was about 15 years old. Insurance adjustor estimated roof damage to be about $5000. Insurance company refused to pay it. Lawsuit was filed alleging breach of contract, and alleging that the defendant insurance company acted in “bad faith” when negotiating the settlement of their insureds’ claim.

Result: Case settled prior to trial for a sum significantly more than the insurance adjustor’s original estimate. The terms of the settlement are protected by a confidentiality agreement.

Summary: 18 year-old woman with her 1^st pregnancy had a normal pre-natal course. When she presented for delivery at term plus four days, she reported an absence of fetal movement for the past 12 hours. She was admitted to the hospital with concerns of pre eclampsia. Those concerns were quickly resolved, and induction of labor with prostaglandins andoxytocinwas commenced. Progress of labor was slow for 30 hours. Fetal monitoring strips had been reassuring throughout the labor up until about 2 hours prior to the ultimate delivery time. During most of the last 2 hours of labor, the fetal monitoring strips were non-reassuring. Nevertheless, the OB’s, who were resident physicians in a University Medical School obstetrical residency program, continued to attempt a vaginal delivery. The fetus was delivered with APGAR scores of 0, 0 and 0 at 1 minute, 5 minutes, and 10 minutes of life. The PH of the umbilical cord was 6.87. Resuscitation efforts were commenced, and the child’s life was saved. She suffered a profound hypoxic brain injury during the last 30 minutes of labor that caused the child to be permanently and profoundly disabled. All obstetricians and the hospital denied liability, for which reason they were all sued to seek justice for this profoundly injured child. The child’s life care plan totaled $7.5 million.

Result: Case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: A 40 year-old housewife broke her leg at home when she fell off of her back porch. She was admitted to a Tulsa Hospital, and the orthopedic surgeon on-call performed an open reduction internal fixation (ORIF) of her tibia bone, left leg. Two days later, the patient was scheduled to be discharged to home. The morning of discharge, she sought the assistance of a CNA so as to ambulate to the toilet. Through nursing neglect, the patient suffered a fall to the floor, which deranged the metal in her surgically repaired leg. Two days later a re-do surgery was performed, after which her leg became infected. Two days thereafter, the leg had to be amputated above the knee so as to save the patient’s life. The hospital was sued over the negligence of the CNA who caused the fall which caused the need for a re-do surgery which resulted in the infection and ultimately amputation.

Result: The case was settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: Operator of a heavy-lift crane suffered grievous muscle and bone injuries to both legs when a 40,000# punch-press toppled over upon the worker and his heavy-lift crane. The accident was caused by employees from an Ohio corporation at their property in Cleveland, Ohio. We represented the injured worker before the Oklahoma Workers’ Compensation Court. We also pursued the injured worker’s negligence claims against those who caused his injuries with a lawsuit filed in the district court of Cayuga County, Ohio.

Result: All benefits allowed by the Oklahoma Workers’ Compensation Act were obtained for the injured worker. His workers’ compensation claim settled, after payment of all medical expenses and temporary disability payments, for $100,000. The Ohio lawsuit against the negligent actors settled on the eve of trial. The terms of the Ohio settlement are protected by a confidentiality agreement.

Summary: A deputy sheriff was injured when a youth offender drove his 4-wheeler into the deputy sheriff while the deputy was mounted upon his motorcycle. Personal injuries to his leg and arm resulted. Deputy sought compensation from the juvenile offender and from the offender’s parents.

Result: Trial to jury resulted in verdict returned against the youth and his family in the sum of $30,000.

Summary: Client is a physician’s assistant who was the patient of a pain management physician. Series of two epidural steroid injections was ordered to treat patient’s chronic left-shoulder pain. Second of two E.S.I.’s impaled spinal cord, causing permanent neuropathies to both legs and feet, and to the patient’s right hand. Client claims that physician was negligent when he chose to administer the shot to the C6-C7 level, rather than to the safer C7-T1 level.

Result: Case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: 48 year-old worker in Tulsa credit union sought Social Security Disability benefits because her chronic neck pain was preventing her from work. Trial to the Administrative Law Judge resulted in a denial. Appeal to the Social Security Appeals Council in Washington D.C. resulted in an Order for a new trial before the Administrative Law Judge.

Result: Upon the re-trial before the Administrative Law Judge, a “Fully Favorable” decision was obtained. Client received $60,000 in arrearage payments and her full monthly disability checks thereafter.

Summary: 45 year-old mortgage banker presented to minor emergency center at noontime with symptoms of a myocardial infarction. Upon admission to the clinic, she suffered cardiac and respiratory arrest. A physicians’ assistant, a nurse, and a medical assistant attempted to defibrillate the patient’s fibrillating heart, but they failed to operate the defibrillator in the manner intended by the manufacturer. As a result, chest compressions and bag and mask oxygen were the only means of circulating oxygenated blood to the brain until the fire department arrived 7 minutes later. The failure of this clinic to train its staff in defibrillator operations, and the failure of the rescue team to competently operate its heart defibrillator machine, caused a permanent hypoxic brain injury to the patient. The supervising emergency medicine physician, his physician assistant, the nurse, and the emergency medicine group of physicians were sued for the damages caused by the defendants’ negligence. Client’s life care plan totaled $8 million.

Result: The case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: 45 year-old woman guest of a Tulsa motel tripped and fell over a mis-laid carpet in motel lobby. Broken wrist resulted. Client sought recovery of all medical expenses; compensation for pain and suffering; and compensation for a resulting permanent disfigurement. We demanded that our client be paid in excess of $100,000, or the case could not settle.

Result: Claim was settled without a lawsuit. The terms of the settlement are protected by a confidentiality agreement.

Summary: Attractive single saleslady working at a popular Tulsa luxury car dealership is hit-upon by her married sales manager. Sexual relations ensue. Client quit because of the chilly work atmosphere that developed after sales manager was fired. Client filed Equal Employment Opportunity Commission (EEOC) claim against former employer alleging sexual harassment. Federal lawsuit filed thereafter.

Result: Case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: Client co-habitated with decedent for the five years prior to his untimely death. She sought status in the Probate Court as heir to the decedent’s estate; her quest for status as common law wife of the decedent was opposed by other family members. Bench trial ensued.

Result: Judicial determination was made that client had been common law married to the decedent. Client was therefore an heir to the decedent’s estate, as permitted by the laws of intestate succession. She inherited one half of her late husband’s estate.

Summary: A 60 year-old husband of 40 years and father of three adult children sought care at a Tulsa hospital Emergency Department for a chronic pain to his left thigh. It is charted in the man’s medical records that the patient was allergic to Aspirin. The Emergency Department physician ordered the injection of the non-steroidal anti-inflammatory drug Torodal. Torodal has the same drug characteristics as Aspirin, a fact not noted by the Emergency Medicine physician or nurse. Immediately following the shot of Torodal, the patient suffered an anaphylactic reaction, and both lungs collapsed from sucking hard for air. His bilateral pneumothoraces required that tubes be inserted into both lungs to reinflate them, while emergency resuscitation efforts were ongoing. The patient suffered a profound anoxic brain injury that caused coma, and twelve days later, death. A wrongful death/medical malpractice lawsuit ensued against the Hospital, the E.D. Physician, and her Emergency Medicine Group.

Result: The case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: 30 year-old housewife presented to her gynecologist for annual pap smear at a women’s clinic that services the indigent population. The pap smear was abnormal, but that fact was never reported to the patient. Instead, the pathology report was filed away in the patient’s medical chart. A year later, the patient presented herself back to the same clinic with symptoms of irregular bleeding. Cervical cancer was diagnosed, and the mis-filed pathology report from a year ago was then belatedly discovered. Her lawsuit was brought against the State of Oklahoma and against the physician who failed to follow-up on her adverse pap smear.

Result: The case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: Long-time hospital laundry room employee suffered rotator cuff tear following fall at work. Claim was denied by Employer. Trial in the Workers’ Compensation Court ensued.

Result: Client awarded all benefits allowed by the Oklahoma Workers’ Compensation Act, to include $60,000 for her permanent impairment.

Summary: Waitress at truck stop slipped and fell when refrigerator leaked condensation that flowed across the kitchen floor to a drain. Tear to her anterior cruciate ligament resulted. Employer denied the claim. A trial resulted in the Workers’ Compensation Court.

Result: Client received all benefits allowed by the Workers’ Compensation Act, to include $22,000 for her permanent impairment.

Summary: An employed electrician who routinely performed overhead work developed a chronic pain to his left rotator cuff. Claim was denied by employer. Workers’ Compensation Court proceedings ensued.

Result: The employee had two surgeries to fix his injured shoulder, and received all of the benefits allowed to him by the Oklahoma Workers’ Compensation Act, to include $50,000 in temporary total disability payments, and to include $55,000 in permanent partial disability payments.

Summary: A funeral home operator showed up drunk at the decedent’s home while all of the decedent’s adult children were present and in grief. Mis-handling of the corpse ensued, to the horror of the bereaved. A lawsuit was filed against the mortuary and against the mortician seeking justice for his reckless drunken conduct towards the decedent and her family.

Result: Case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: Tulsa auto dealership sold a new “dealer driven” pick-up truck to elderly unsophisticated customer. Truck had, in fact, been previously owned and wrecked. These facts were not disclosed to the buyer. Arbitration was mandated by the sales contract.

Result: The arbitrator ordered the dealership to pay the lady $35,000 in damages, and she got to keep the truck.

Summary: The manager of a pizza restaurant was injured when his car was struck by a negligent driver. The accident occurred during the course of business of the restaurant. The client’s injuries were trauma to both knees that required a series of surgeries. We represented the injured restaurant employee in the Workers’ Compensation Court, where all benefits were obtained We represented the injured employee in connection with his claims against the negligent driver, from whom we collected the negligent drivers’ auto liability policy insurance limits. We represented the injured employee in connection with his claims against his own uninsured/underinsured auto insurance company, from whom we collected his UM/UIM auto insurance policy limits.

Summary: A 15 year employee of a national fast-food restaurant developed bone spurs of the calcaneous of each heel, as well as planter fasciitis affecting both feet. Employer denied that client’s injury was work related (even though she was on her feet at work for 40 hours/week for 15 years), claiming instead that her injuries happened away from work, or were hereditary in nature. We represented her in the Workers’ Compensation Court.

Result: All benefits allowed to her by the Workers’ Compensation Act were obtained, to include four surgeries to cure her painful condition; temporary total disability payments of about $30,000; and permanent partial disability payments of about $40,000.

Summary: An orthopedic physician performed a C6-C7 anterior cervical diskectomy with fusion on a 45 year-old female patient. He did so using cadaver bone as the intra-vertebral spacer (which the patient had not authorized), instead of harvesting hip bone from the patient’s own iliac crest (which the patient had specifically requested). This mistake by the surgeon was compounded by procedural errors of his supporting staff, and procedural errors by the hospital’s circulating nurse. The hospital, the surgeon; and the surgeon’s employer were all sued for their negligence.

Result: The case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: Vibrant elderly female patient suffered with chronic diarrhea. Patient also had a history of renal insufficiency. Primary care physician had her admitted to hospital for observation. Computed tomography (CT) of abdomen was ordered by the P.C.P., using only oral contrast. The radiologist mis-read the order, and he administered oral and IV contrast. The patient’s kidneys predictably shut down, and she died. The radiologist and the hospital were sued by the family for their errant reading of the P.C.P.’s orders.

Result: Case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: 68 year old female resident of nursing home contracted a urinary tract infection that, due to negligent nursing and physician care, developed into Pyelonephritis. It went untreated, from which the patient died. The nursing home and the treating physician were sued by the family for the damages and wrongful death caused by their negligent conduct.

Result: Case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: 18 year old woman presented at community hospital suffering from ectopic pregnancy. Patient had a history of teen-aged sexual activity that was known by her OBGYN, who admitted her to the hospital. An exploratory laparotomy disclosed a ruptured fallopian tube. Emergency surgery ensued. The OBGYN ligated her ruptured fallopian tube, and then proceeded to ligate her non-injured fallopian tube. The patient denied ever having consented to the “tying” of her fallopian tubes and she never signed a written consent for such a life-changing procedure. The OB’s notes in the hospital chart reported that the OB had spoke with the “mother of patient” regarding permission to cut both fallopian tubes, and that he had received such permission. At trial, the defendant OBGYN lied to the jury about his handwritten note, testifying that his penmanship should be read to report that he had spoke to “mother & patient” regarding operative permits. At the close of plaintiff’s case, the trial judge sustained a demurrer to the evidence on the grounds that the claim had expired due to the running of the statute of limitations, and the judge dismissed client’s case. Appeal to the Oklahoma Court of Civil Appeals resulted in a reversal of the trial judge’s dismissal Order, and a mandate for a new trial. (See Rossen v. Coburn, 1994 OK CIV APP 25, 876 P.2d 731)

After the case was remanded back to the trial court, the client decided to proceed further with new counsel for reasons unknown to us. The ultimate disposition of the case is also unknown to us. The OBGYN defendant who lied in court to save his professional reputation later became a United States Representative from the 2^nd Congressional District of Oklahoma, and thereafter a two-time United States Senator from Oklahoma.

Summary: Fifty year-old morbidly obese female suffered with chronic low-back pain. Lumbar diskectomy was indicated. Patient had a known allergic response to steroid medications, and that allergy information was included in the patient chart of her orthopedic surgeon, and in the hospital chart where her surgery was to be performed. The physician improperly ordered a “Solu-medrol” pack, and the hospital nurse improperly administered the “Solu-Medrol” pack. An allergic reaction resulted, causing itching, bloating, swelling, shortness of breath, swallowing impairment, and blurred vision. She recovered from all of these symptoms. A lawsuit sought to compensate the patient for her pain and suffering.

Result. Case was settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: Female truck driver was terminated for bogus reasons. The true reason for termination was that her boss had solicited sexual favors, which she had resisted. Client filed Equal Employment Opportunity Commission (EEOC) claim against former employer alleging sexual harassment. Federal lawsuit was filed thereafter.

Result: Case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: Owners of home in upscale Tulsa neighborhood suffered substantial water damages to interior of home when the drain pipes below the concrete floor slab became blocked from tree root invasion and dirt. Owners filed a “Homeowners” insurance claim for $30,000 to pay for cutting through wood floor and concrete slab to replace an obstructed and leaking drain pipe. Homeowners’ Insurance Company denied the claim, believing that it fell within the scope of their many “exceptions” from liability. Insurer was sued for their breach of contract, and for their bad faith negotiation of homeowner’s claim.

Result: Case settled prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: A female warehouse worker suffered a crush injury to one leg when pallets stocked with groceries fell upon her leg. Difficulties encountered by the injured worker with the Wal-Mart adjustor caused the injured worker to seek our counsel. The injured worker was represented in the Oklahoma Workers’ Compensation Court, where all benefits allowed to her by the Oklahoma Workers’ Compensation Act were obtained. Thereafter, her Social Security Disability claim was tried to the Administrative Law Judge, and a “fully favorable” decision obtained.

Summary: Client worked at Wal-Mart as a butcher. He presented to a Tulsa hospital emergency room with symptoms of a severe respiratory infection. Radiographs were incorrectly read to be pneumonia, where in fact they indicated lesions that required clinical and radiology follow-up. Neither the radiologist nor the Emergency Department physician informed the patient of the need to follow-up. Separately, the patient’s primary care physician evaluated the patient the next day, but failed to order the diagnostic work-up that was indicated for this patient. One year later, the patient was found to have stage IV lung cancer, from which he promptly died. The radiologist; the hospital; and the primary care physician were sued.

Result: The case against the radiologist and against the primary care physician settled. The terms of the settlement are protected by a confidentiality agreement. The case against the hospital was tried to jury who returned a verdict in favor of the hospital.

Summary: Homeowner’s home burned to the ground. Arson was suspected by the insurance investigator. The insured’s fire insurance claim was denied. A breach of contract lawsuit was filed.

Result: The case was tried to a jury, who entered a verdict in the favor of the Plaintiff for the full amount of their loss, plus costs and interest.

Summary: Grandmother attempting to find seating in back row of darkened movie theater tripped over a concrete step-up that was not illuminated with a foot-light, nor was it marked with reflective tape. The fall to the concrete severely aggravated her weak knee condition. Total knee arthroplasty ensued. The movie theater refused to accept responsibility for its negligence, or for the loss of their customers knee, and a lawsuit was filed in Federal Court.

Result: The case was settled shortly before trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: Cross-country bus rider who got on a Greyhound Bus in Tulsa was injured when an elastic over-head cord that retains luggage in place snapped-back at passenger’s face because the overhead luggage had been improperly stowed by another passenger, and not checked by the driver. Permanent injury of the retina of one eye resulted.

Result: The case settled without a trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: A store clerk at Macy’s suffered from a calcium deficiency. Her Primary care physician sent her to the hospital for IV calcium therapy. Nursing negligence caused the calcium solution to extravate beneath the skin, injuring the nerves and muscle tissue. The hospital denied responsibility. A lawsuit was filed.

Result: The case was settled before trial. The terms of the settlement are protected by a confidentiality agreement.

Summary: School teacher sought breast augmentation. After surgery, the plastic surgeon’s nurse injected Demerol and Phenegran into the patient’s thigh. Necrosis of a large portion of flesh, muscle, and nerves resulted. Plastic surgeon and nurse denied liability. Lawsuit was filed seeking just compensation for the client’s permanent leg injury.

Result: The case settled before trial. The terms of the settlement are protected by a confidentiality agreement.