Recent Verdicts and Settlements (Continued from page 25)


Injuries/Damages: As a result of the fail- ure to move properly to restore blood circulation to the injured leg, the Plain- tiff first had his leg amputated just above the knee and then ultimately had a sec- ond amputation at which time the bone was disarticulated from the hip, and the leg was removed at the level of the hip. At the present time, since he has no sump, it is difficult for him to use a prosthesis, although one has been made. In using this, it is necessary that he plant his good leg and then throw and twist his body forward to move the prosthesis. This has been so fatiguing and uncomfortable that he relies solely on crutches now and does not use his prosthesis.


Verdict/Settlement: Past Medical Expenses: $214,112


Past Lost Income: $30,000


Future Medical Expenses: $206,638


Future Lost Income: $506,146


$214,111.91 $206,638 $30,000


Non-Economic Damages: $4,500,000


$421,788-506,146 $5,000,000


Plaintiff ’s Counsel: Kevin J. McCarthy (MTLA member), McCarthy & Costello, Lanham, MD


Defense Counsel: Gregory K. Wells, Gre- gory K. Wells & Associates, Largo, MD; James Rosner


________


Grimaldi v. Diagnostic Laboratories Circuit Court for Baltimore County No. 03-C-98-005100


Facts: 44-year-old Plaintiff observed changes to a mole on her left foot and showed it to her family doctor. The fam- ily doctor excised mole and sent specimen to laboratory. The lab report was nega- tive. One year later, the mole reappeared. The Plaintiff was referred to a surgeon for a second excision. This time the lab re- port showed “melanoma, Clark’s Level IV.” Wide area excision was followed by lymph node resections and then amputa- tions of part of the foot. Cancer metastasized to liver and lungs, causing death. Careful review showed that all treatment was rendered within the stan- dard of care. Leaving no stone unturned, counsel requested the original tissue slide.


26 Trial Reporter Spring 2000


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