Recent Verdicts and Settlements (Continued from page 53)


pital in coma, his urine tested positive for cocaine. The records from anonymous non-party hospital indicated a social his- tory of “cocaine use” and also “crack abuse.” Defendants’ experts were pre- pared to testify that it was plaintiff’s use of cocaine that caused a sudden increase in his blood pressure thereby overcoming his brain’s ability to compensate for his intracranial tumor. In other words, they were prepared to testify that it was plaintiff ’s alleged cocaine use that caused his coma and irreversible brain damage. According to defendants’ experts, had plaintiff not used cocaine, his condition would ultimately have been detected be- fore irreversible brain damage occurred. A motion in limine to exclude such evi- dence and testimony was pending at the time the case was settled.


Plaintiff ’s Counsel: Edward L. Norwind, Esquire, J. Philip Kessel, Esquire, Albert H. Lechner, Esquire, Karp, Frosh, Lapidus, Wigodsky & Norwind, P.A., 1370 Piccard Drive, Suite 290, Rockville, Maryland 20850


*All are members of MTLA


Defense Counsel:Withheld upon re- quest


______ John Doe vs XYZ Hospital


Facts: Plaintiff was a cancer patient at Defendant’s hospital. On 4/23/01, while receiving I.V. treatment of ABVD chemo- therapy, there was an extravasion that went undetected, in spite of Plaintiff’s complaints, for the full treatment.


Allegations of Liability: Defendant failed to administer I.V. properly, then failed to observe the extravasion in a timely fash- ion


Injuries/Damages: Claimant developed a 5x5 c.m. dark tender area over dorsum of hand, hypersensitivity, limited motion of ring finger, “swan neck” deformity of small finger and some R.S.D., all of which injuries are permanent


Plaintiff ’s Expert(s): Dr. Stacy Berner, Baltimore, Maryland, orthopedics


Defense Expert(s): none 52


Verdict/Settlement: arbitration verdict for $322,000.00


Plaintiff ’s Counsel: Roger J. Bennett *


Defense Counsel: withheld at request ______


John Doe, et al v ABC Hospital


Facts: Decedent had cardiac surgery at Defendant hospital for repair of aorta. Two (2) weeks later presented at Defen- dant hospital ER with chief complaint of altered mental status and wound drain- age. C.T. revealed left posterior inter-cerebral lesion. Hospital, however, took no action and claimant died next day of intercerebral bleed


Injuries/Damages: claimant died


Plaintiff ’s Expert(s): Solomon Robbins, M.D., neurologist Defense Expert(s): None


Verdict/Settlement: Settled for $850,000.00 Plaintiff ’s Counsel: Roger J. Bennett *


Defense Counsel: withheld at request ______


Dorothy A. Davis and John T. Davis v. Albert J. Steren and Women’s Health Spe- cialists of Montgomery County P.A.


Court/Docket #: 216427


Facts: Dorothy Davis, who at the time of the surgery was 48 years old, consented to a laparoscopic right ovarian cystectomy. Dr. Steren removed both of Ms. Davis’ ovaries and fallopian tubes without her knowledge and consent.


Allegations of Liability: Plaintiff and hus- band claimed there was no medical justification for the surgical procedure performed.


Injuries and Damages (Please specify claimed past special and future damages): $7,100.00 medical expenses, including $1,600 for future psychological treatment. Husband asserted a claim for loss of consortium.


Plaintiff: Larry J. Copeland, M.D. Ob- stetrics and Gynecology Columbus, OH


Trial Reporter


Susan G. Fago Licensed Clinical Social Worker Silver Spring, MD


Defendant: Robert Hoskins, M.D. Ob- stetrics and Gynecology New York, NY Carolyn Harrington, M.D. Obstetrics and Gynecology Rockville, MD


Settlement: If structured, please include present value and structure of future payments. Gross amount of verdict was $547,400.00: $509,000 for pain and suf- fering, $5,800 for past medical expenses, $1600 for future medical expenses and $31,000 in other damages.


Verdict: Resolved and closed. Insurance Company: Medical Mutual


Special Remarks: The factors which most impacted the outcome of the trial were: 1) Consent form was missing from the hospital file; 2) Defendant doctor stipu- lated that he did not have the Plaintiff ’s consent to the surgery; and 3) the Defen- dant doctor did not testify.


Plaintiff ’s Counsel: Stuart S. Greenfeig, Esq.*, Darcy A. Shoop, Esq. Indicate if MTLA member*


Defense Counsel: Benjamin S. Vaughan, Esq., J. Eric Rhoades, Esq. Indicate if MTLA member*


______


Marion Bennett v. Silver Spring-Wheaton Nursing Home, Inc. Circuit Court for Montgomery County, Maryland/#200758


Facts: Plaintiff, Marion Bennett, was ad- mitted to Defendant*s nursing home in Wheaton, Maryland, after undergoing hip replacement surgery. Plaintiff developed a MRSA infection in her right hip. Plaintiff alleged that the infection was caused by the negligence of the nursing home. Plaintiff alleged that the Defendants/Health Care Providers failed to adequately wash their hands and take other precautions to prevent the spread of infection.


Allegations of Liability: Defendants neg- ligently failed to follow appropriate hand washing policies thereby causing the spread of infection to Plaintiff*s hip.


Injuries and Damages: Plaintiff under- went 10 surgeries, incurred almost


(Continued on page 54) Winter 2003


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