A cursory survey of medical negligence verdicts nationwide from Attorney Charles Jerome Ware and his national law firm, based in Columbia, Howard County, Maryland. Attorney Charles Jerome Ware is recognized as "one of the best attorneys and counsellors in the United States" [July 25, 2012]:
(1) $2.5 Million Verdict:
MEDICAL MALPRACTICE – ONCOLOGY – MISDIAGNOSIS OF "BORDERLINE" OVARIAN TUMOR – UNNECESSARY OOPHERECTOMY – THREE ROUNDS OF UNNECESSARY CHEMOTHERAPY – SEVERE "CHEMO BRAIN" DETERIORATION OF COGNITIVE ABILITIES.
This was a medical malpractice action in which the plaintiff contended that the defendant oncologist negligently misdiagnosed an ovarian tumor as adenocarcinoma when, in fact, the plaintiff suffered a "borderline" tumor or a "tumor of low malignant potential." The plaintiff maintained that chemotherapy would provide no benefit when addressing a borderline tumor and that the Defendant was negligent. (New York)
(2) Over $1.0 Million Recovery:
Medical Malpractice - Hospital Negligence - Failure to timely diagnose and treat bowel perforation - Cardiac Arrest - Wrongful death of 40-year-old following ovarian cyst removal surgery.
In this medical malpractice matter, the plaintiff alleged that the defendant was negligent in failing to recognize and timely treat a bowel perforation, a known complication of the ovarian cyst removal procedure that the plaintiff's decedent underwent. As a result of the failure to timely diagnose and treat, the plaintiff's decedent suffered cardiac arrest and brain death. (Illinois)
(3) $100,000 Verdict:
Medical Negligence - After a hysterectomy, the surgeon left a gauze sponge inside his patient, who then suffered infection and pelvic pain for three months before the sponge was discovered and removed.
On 1-13-09, the plaintiff, who suffered from multiple sclerosis, was also suffering from severe pelvic pain. She visited the defendant, an obstetrician/gynecologist in Selma, to see what the problem was. The defendant diagnosed her with a fibroid uterus and ovarian cysts and determined she needed surgery.
The plaintiff’s transvaginal hysterectomy was promptly scheduled, and she was admitted for the surgery in which the surgeon left a gauze sponge inside her. (Texas)
(4) #100,000 Verdict: Medical Negligence. The Plaintiff's ureter was injured during a laparoscopic surgery. Her OB-Gyn explained the injury represented a surgical complication.
The plaintiff underwent a laparoscopically assisted vaginal hysterectomy on 5-11-06. It was performed by the defendant Ob-Gyn at Skyridge Medical Center in Cleveland. It was designed to relieve the plaintiff’s ongoing pain that was caused by ovarian cysts.
The surgery appeared uneventful. Four days later the plaintiff reported to the defendant that she was nauseous. Eventually it was proven that negligent surgery caused the additional injury to the PLaintiff. (Illinois)
(5) $500,000
ARBITRATION AWARD: Medical malpractice - Surgery - Foreign Object - Surgical clip destroys Plaintiff's kidney after ten years - Severe hydronephrosis of kidney.
In this medical malpractice matter, the plaintiff alleged that the defendant surgeon was negligent in leaving a surgical clip behind when the surgeon performed the surgery. As a result, the plaintiff began to experience left sided pain which disclosed hydonephrosis of her kidney. The defendant denied negligence and causation. (Massachusetts)
(6) $100,000
VERDICT: Medical Malpractice - Ob/gyn - Alleged failure to diagnose ovarian mass - Surgical removal of ovary and appendix - Supposed reduction in fertility.
In this obstetrical malpractice action, the plaintiff alleged the defendant negligently failed to appreciate a large right ovarian dermoid cyst during a routine gynecological exam, necessitating a major salpingo-oophorectomy and appendectomy, rather than a minor laparoscopic procedure had the cyst been diagnosed at the earlier time. The plaintiff also claimed substantial internal injuries. (New York)
(7) $100,000
VERDICT: MEDICAL MALPRACTICE - RADIOLOGY - HOSPITAL NEGLIGENCE - FAILURE TO TIMELY INTERPRET SMALL BOWEL STUDY - BOWEL LEAK FOLLOWING SURGERY - CHEMICAL AND BACTERIAL PERITONITIS - ABDOMINAL HERNIA - DISFIGURING SCARRING.
The female plaintiff, a 65-year old woman, underwent surgery to remove an ovarian cyst in January 2009. During the surgery, the plaintiff suffered a bowel leak. There was a ten day delay in diagnosing the bowel leak despite repeated diagnostic imaging studies that were taken at the defendant hospital and interpreted by its radiologists. (Michigan)
(8) $1.0 Million
RECOVERY: Medical malpractice - OB/gyn - Negligent excision of colonic divitcula instead of intended laparoscopic ovary removal - Sepsis - Moderate abdominal scarring - Psychiatric overlay.
The 54-yea old plaintiff, who had a history of vaginal bleeding, and who was a candidate for an ovarian biopsy after an appropriately ordered ultrasound showed a complex cyst in the right ovary, contended that the defendant ob/gyn, who performed a lapaoscopic procedure, negligently excised a portion of the colon, rather than the ovary. The tissue was no submitted for a frozen sectional analysis as is standard procedure. (California)
(9) $100,000
Verdict on liability: Medical Negligence - The plaintiff blamed a family doctor (at an urgent care center) for failing to make an appendicitis diagnosis.
The plaintiff was seen on 10-19-06 at an urgent care facility known as Winona Health for abdominal pain. An ovarian cyst was suspected. She returned to the clinic on 11-18-06 and was seen by the defendant family doctor. Another ultrasound was done and reviewing it with a radiologist, the defendant again suspected an ovarian cyst. The plaintiff was back on 11-27-06 with a fever and vomiting. Eventually, appendicitis was the diagnosis. (Minnesota)
(10) $1.0 Million
CONFIDENTIAL RECOVERY: Medical Malpractice - Ob/Gyn - Failure to diagnose ovarian cancer in a timely manner - Approximately on year delay in diagnosis of ovarian cancer in 49-year old woman.
In this medical malpractice matter, the plaintiff alleged that the defendant was negligent in failing to follow-up on her complaints of continued bleeding. The defendant denied the allegations and disputed that there was any deviation from acceptable standards of care. (Massachusetts)
[see for background on medical malpractice/negligence, Chapter Two ("Medical Malpractice 101", page 11, Legal Consumer Tips and Secrets, 2011, iUniverse Publishers, by Charles Jerome Ware; www.jvra.com/Verdict , 7/25/2012; www.zarins.com; www.umdnj.edu; www.JuryVerdictReview.com; medicalnegligencereporter.com]
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