Settlements and Verdicts

Kidney

$6.1 million jury verdict awarded by a Hawaiian jury in Honolulu for a medical malpractice claim against Dr. Seid, a Wahiawa general practitioner physician. Antonio Richardson, a 45-year-old glazier who worked for his own company in Central Oahu, was approved for $4.1 million in special damages and another $2 million in general damages. According to the court testimony, Richardson was treated for kidney failure in June 2004 more than two and a half years after an abnormal lab sample showed signs of kidney disease. Dr. Seid ran reported tests that included blood and urine tests, and all the results were indicative of kidney disease. When Dr. Seid finally referred Mr. Richardson to a specialist, it was discovered that Richardson was suffering from end-stage kidney failure and, as a result, suffered a catastrophic injury to his health and his business.

$5.7 million jury verdict in Miami awarded to a 37-year-old truck driver against three urologists and/or their professional associations for failure to timely and appropriately diagnose kidney disease. The jury determined that these doctors failed to properly examine the plaintiff and as a result missed the open and obvious signs of treatable kidney disease. The firm was able to establish that the doctors clearly should have known or seen the kidney disease and referred the patient for appropriate treatment. By failing to do so, the plaintiff lost the use of both kidneys and needed a kidney transplant with all of its co-morbidities.

$4.1 million jury verdict in Miami awarded on behalf of a child. The minor plaintiff was 6 years old when she underwent a kidney transplant. The family alleged that the transplant resulted from medical malpractice on the part of the defendant pediatrician in failing to timely diagnose and treat the child's kidney failure. The defendant maintained that the minor plaintiff's kidney failure developed suddenly and there were no indications of the disease at the time in question. The jury found the defendant negligent and awarded the minor plaintiff $3.8 million in damages. The award included $700,000 for loss of future earnings; $157,000 in past medical expenses; $2.7 million in future medical expenses and $230,000 for past and future pain and suffering. The Court granted the plaintiff's motion for additur in the amount of $270,000 for additional pain and suffering of Monica Gutierrez which the defendant did not reject.

Confidential settlement in Miami for a man in his early 30s with kidney disease who was not diagnosed by his internist for over two years. The young man was a computer developer and lost his career and ability to work and travel due to the horrible effects of dialysis and kidney failure. He has since gone on to have a kidney transplant from a donor who was found during the course of litigation and this matter was confidentially settled on the eve of trial.

Confidential settlement in Arizona for a child whose primary care doctor and endocrinologist failed to diagnose his kidney disease until the Plaintiff was a teenager. The patient had elevated and rising creatinine levels and blood in the urine for over 6 years. The young man was forced to delay his college education due to the horrible effects of dialysis and kidney failure. He has since gone on to have a kidney transplant.

Confidential settlement in Arizona for a man in his early 20s whose primary care clinic and nephrologist failed to diagnose his kidney disease for over 4 years. The young man lost his career and ability to work and travel due to the horrible effects of kidney failure. The Plaintiff continues to live with chronic kidney disease due to the Defendants’ failure to timely diagnose him.

Confidential settlement in South Carolina against the United State of America in a Federal Tort Claim Act against the Veterans Hospital in Charleston, South Carolina. The Veteran was misdiagnosed with flank pain and a kidney stone, which resulted in the backing up on his urine leading to increased creatinine and hematuria. Ultimately, the failure to diagnose the kidney stone led to obstruction in his left ureter, which caused his left kidney to fail. His right kidney also began to show signs of distress. Prior to trial, the settlement resolved in mediation to allow the injured veteran to continue the treatment necessary to retain his right kidney function.

Confidential Settlement for a 35-year-old woman who was under the care of her gynecologist to receive assisted conception treatment. Despite many routine exams including lab work, the Plaintiff’s gynecologist failed on multiple occasions to bring to the patient’s attention the abnormal lab results and failed to refer the patient to a nephrologist despite many indications of renal disease. As a result, the patient is now in end-stage kidney failure and will require a kidney transplant due to the doctor’s failure to conform to the standard of care.

$150,000 settlement in Miami for an elderly gentleman with misdiagnosed kidney disease.

Medical Malpractice

Confidential Settlement against a hospital for the failure to note that Plaintiff had an extremely low blood count upon admission. The Plaintiff was a 46-year-old male who suffered from a nosebleed and was transported from a medical center in Key West to a hospital in Miami, FL for an ENT Consult and for further treatment. The patient was actively bleeding and the hospital failed to timely order the ENT Consult and failed to timely order blood transfusions despite the patient’s critical condition. As a result, the patient passed away for acute blood loss anemia and epistaxis.

$7.2 million jury verdict in Miami against Mercy Hospital and a hospital-based anesthesiologist for medical negligence that left a 22-year-old man brain-dead. The Hernandez family came to the firm when their son was rendered brain-dead during a routine operation for a broken leg. We were able to conclusively establish the hospital and anesthesiologist's liability in failing to appropriately monitor the patient during surgery. At the time, it was the largest verdict for medical malpractice in Florida.

$3.5 Million Settlement for a 55-year-old male who underwent a spinal laminectomy. Post-surgery, the wound became infected and despite positive cultures of a severe infection, treatment was delayed by the neurosurgeon and plastic surgeon causing prolonged wound healing, difficulty in walking, and long-term antibiotic treatment.

$1.7 Million Jury Verdict against an orthopedic doctor and three hospital radiologists for the medical negligence of failing to timely diagnose synovial sarcoma. The radiologists failed to communicate to the orthopedic doctor of the potential differential diagnosis of synovial sarcoma. The orthopedic doctor failed to follow up on the synovial sarcoma. All in all, the failure to interpret, diagnose, and treat the Plaintiff in a timely fashion caused an 18-year-old to suffer for 3 years prior to her demise.

Confidential settlement in Naples for a man who went to Physicians Regional Hospital in Naples showing signs and symptoms of a heart condition and he was ignored in the ER leaving Mr. Lang to die. A lawsuit was brought by Mr. Lang's wife who was appointed the Personal Representative in Mr. Lang's estate.

$755,000 settlement in Miami for medical malpractice misdiagnosis of the broken leg, causing length discrepancy in legs. Settled in presuit.

Confidential settlement in presuit in Palm Beach for an 81-year-old man who lost his chance to be cancer-free when his surgeon failed to remove a cancerous tumor. As a result, the patient’s cancer grew and was unable to be fully removed necessitating the removal of the colon by a second surgeon. The Plaintiff continues to receive radiation treatment due to the surgeon’s negligence.

Confidential settlement in North Carolina for a 63-year-old woman who suffered an eye injury due to an ophthalmologist who improperly operated on the patient’s eye and failed to provide the appropriate post-surgery medication. The Plaintiff suffered permanent loss of vision in her right eye due to the negligence of the ophthalmologist.

$362,000.00 Pre-Suit Settlement against children home health care. The minor plaintiff was 2 years old when she passed away due to the negligence of a home health nurse. The baby suffered from some physical and mental disabilities and was trach dependent. This baby required a home health nurse at all times to aid, support, and care for her. The nurse who was taking care of her failure to properly handle the child’s tracheostomy tube change which blocked the decedent’s airway, and failed to begin CPR to correct the lack of oxygen. The baby became brain dead, was placed on life support, and eventually passed away as a result of the negligence.

$305,000 verdict in Palm Beach for a man who suffered a misdiagnosis of heart condition by Dr. Joseph Motta ultimately leading to Mr. Drew's death.

$300,000 settlement in Naples for a 73-year-old male who suffered an eye injury due to trauma sustained from a branch of a palm tree. Mr. Oztimurlenk saw an ophthalmologist right after the injury. The ophthalmologist operated on his eye but failed to treat him appropriately by leaving a foreign object in the patient's eye, causing him to continue having pain and resulting in injuries to his eye. After seeking treatment with many other eye specialists, it was discovered the presence of a foreign body in his eye. Mr. Oztimurlenk suffered permanent loss of vision in his left eye due to the negligence of the ophthalmologist to timely identify the foreign object. Settled in presuit.

Confidential Settlement against a hospital for the wrongful birth delivery of a baby girl. The doctors delivered the mom’s baby girl using forceps after so many hours of complicated labor. By using the forceps, the baby girl suffered disfigurement and shoulder dystocia due to the failure to gather the necessary records to determine the size of the baby before birth. The baby was born weighing 10 pounds 7 ounces.

$160,000 settlement in Miami for a 3-year-old male child who was born prematurely at Parkway Regional Medical Center. At the time of his birth, he was the victim of negligent IV monitoring, and as a result, IV infiltrate caused severe chemical burning to his left foot. The scarring caused tissue damage to the interior and exterior tissue of the foot. The injury to his left foot required revision and reconstructive surgery. Even after corrective surgery, his foot remains with minor permanent scarring. A guardianship was opened.

Contact jed kurzban

1003 Bishop Street, Suite 1600
Pauahi Tower
Honolulu, Hawaii 96813

866-377-3676 305-444-3503

Miami Office
131 Madeira Ave
Coral Gables, FL 33134

305-444-0060 305-444-3503

Website

LinkedIn

cf7bg
Are you currently married?YesNo
Do you have children?YesNo
Are you employed?YesNo

cf7bg