Recent Verdicts & Settlements Edited by Mitchell A. Greenberg
Mitchell A. Greenberg, of the Greenberg Law Office in Baltimore, received his J.D. from the University of Baltimore School of Law. He is a member of MTLA’s Board of Governors and serves as Vice-Chair of MTLA’s Trial Reporter Committee. Mr. Greenberg is a member of MTLA’s Membership Committee and serves as MTLA’s delegate to the Task Force for the Rehabilitation of Injured Workers. He is a member of the Maryland State, Baltimore City, and American Bar Associations and also a member of ATLA. His practice concentrates in workers’ compensation, criminal defense, and serious personal injury.
Medical Negligence
Chaffins vs. Danine A. Rydland, MD, et al Berkeley County, West Virginia
Facts: Plaintiff was 25 years old with one child when she was diagnosed with hav- ing mild dysplasia of her cervix. Dr. Rydland decided that she needed a laser colposcopy. Unknown to the plaintiff, the physician was having credentialing prob- lems at the local hospital and thus she was taken to a hospital in a neighboring county.
(The suit for negligent
credentialing is still pending against the second hospital.) After the procedure, the woman had some bleeding and returned to the doc- tor on numerous occasions only to be told
she would be okay. When she did not have her menstrual period for two months, she sought other medical atten- tion which found seriously scarred tissue and eventually found that her entire ec- tocervix had been removed.
A
hysterectomy was then performed. The physician settled the case for more than 90% of the insurance coverage.
Plaintiff ’s Experts: Joel Palmer, M.D. (Obstetrics and Gynecology); Joseph Finkelstein (Obstetrics and Gynecology)
Defense Experts: Dr. Rydland: Edward Graeme Koch, M.D., F.A.C.O.G. (Ob- stetrics and Gynecology)
Settlement: $900,000.00
Automobile Accidents Medical Malpractice Wrongful Deaths
General & Commercial Liability
CFS
Creative Financing Solutions, L.L.C. PO Box 1339
Rockville, MD 20849 301.984.0600 Fax: 301.984.0719
44 Trial Reporter
Plaintiff ’s Counsel: Barry J. Nace (MTLA member) Paulson & Nace ,Wash- ington, DC and Michael Burke, Burke, Shultz & Harman- Martinsburg, WV
Defense Counsel: Christine Vaglienti, Flaherty, Sensabaugh & Bonasso, P.L.L.C.- Morgantown, WV
________ Jane Doe v. ABC Hospital
Facts: Jane Doe was a 32 year old Afri- can-American female, HIV positive.␣ ␣ She arrived by 911 medic at the emergency room of ABC Hospital one evening at 8:30 p.m. Upon her admission, her vital signs were grossly abnormal; her blood pressure was 85/44, pulse 105 and she had below normal temperature of 96.6. She also indicated complaints of vomiting blood and abdominal pain. Clearly, Jane Doe was severely hypotensive and an as- terisk was placed on the chart next to the initial blood pressure reading.␣ Orthostatics were not checked by triage.␣ Further indication that triage recognized that there was a severe problem with Jane Doe’s blood pressure is a notation that “ABC’s are not intact.” Because Jane Doe exhibited symptoms indicating that she was in shock, she was placed in a reverse Trendelenburg position.
Although she
was an unstable patient who needed to have fluids rapidly infused,.none were infused until seven and a half hours later. By that time (4:00 a.m.), Jane Doe was unresponsive after hours of worsening vi- tal signs and no medical care other than morphine. A decision was finally made to start fluids through two lines while Jane Doe was being intubated.␣ At 4:45 a.m., chest compression was in progress.␣ At 5:35 a.m., bagging was in progress.␣ Be- latedly, at 7:00 a.m., fluids were run wide open and she was admitted to the medi- cal intensive care unit.␣ Unfortunately, her pupils at this time were also fixed and di- lated.
The following day, she was
pronounced dead from hypertensive car- diovascular disease.
Spring 2001
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