Recent Verdicts and Settlements (Continued from page 55)
about 18 hours later, a radiologist re- viewed the film and missed the fecalith. Her urinalysis also showed the presence of ketones. She was diagnosed as having gastroenteritis and was discharged. She re- turned the next day with complaints more directed to the right lower quadrant and an elevated temperature. The physician in the emergency room did not review her films and upon doing a pelvic examina- tion elicited severe pain. He decided that she had a pelvic inflammatory disease and discharged her to see an Ob-Gyn. She was then seen by an Ob-Gyn the next day who thought that she had gastroenteritis. By this time, she was taking prescribed medi- cation, including pain relievers, but still was feeling very sick. She went to a clinic which determined that she had gastroen- teritis and then to a clinic the second day where they ruled out gallbladder disease. Approximately a week after the pain
started, she was seen by a surgeon who performed immediate surgery due to a walled-off perforated appendix. Miss Sullivan had an extremely rocky course, but survived. Damages Plaintiff presented evidence of medical bills of $37,000 and lost earn- ings of $35,000.
Defendants: Peninsula Regional Medical Center; William Todd, M.D., Salisbury, MD; Peter Libby, M.D., Salisbury, MD
Plaintiff ’s Experts: Frank E. Vogel, Ph.D., M.D., radiology, Teaneck, N.J.; David Befeler, M.D., general surgery, Stockton, N.J.
Defense Experts: Howard Bronstein, M.D., Lutherville, MD; Susan Forlifer, M.D., Easton, MD; Ronald Ross, M.D., Solomons, MD; Douglas Brunner, M.D., Baltimore, MD
Verdict: The jury awarded the amounts of medical bills and lost earnings indicated plus $175,000 for non-economic damages which was primarily for about six weeks of hospitalization with accompanying pain, fear, mental anguish, and a scar that was worse that what it would have been had she been properly diagnosed before the rupture for a total of $247,000. The verdict was against the hospital, the radi- ologist, and the emergency room doctor. The only demand was $250,000. Defen- dants refused to make any offer.
Plaintiff Attorneys: Barry J. Nace, Esq. and 56
Brian H. Kim, Esq., Washington, D.C.
Defense Attorneys: John G. Billmyre, Esq., Easton, MD; Gary E. Dumer, Jr., Esq., Baltimore, MD
Medical/Hospital Liability
John Doe v. Xyz Hospital Court/Docket #: Washington, DC
Facts: Plaintiff transferred to critical con- dition from another hospital. Continuously failed to turn in bed result- ing in development of skin ulcers on heels and lower back. Nothing done to slow progression of ulcers. After stabilizing pa- tient, patient was transferred to a private room with 1 on 1 nursing. Patient allowed to get out of bed and fell.
Allegations of Liability: Failure to Turn Failure to Monitor
Expert Witnesses: Plaintiff: Dr. Ronald Ross - Internist; Dr. John Casey - Physical Medicine
Defense: Withheld
Settlement: Settled for $750,000 present value
Special Remarks: Plaintiff had been dis- abled and taking heavy doses of prescribed narcotics Appeared slow and confused.
Plaintiff ’s Counsel: Kevin J. McCarthy* Defense Counsel: Withheld *MTLA Member
Premise Liability
Angela Chapelle v. Palmer Court Assoc., Inc. Court: Circuit Court for Baltimore City Docket #: 24-C-01-3815
Facts: Plaintiff, 30 year old African- American female, resided with her Mother and children in an apartment complex. Four days prior to the accident, 1.3 inches of snow fell at the apartment complex during the evening. According To Defendant’s snow removal policy, snow removal after 4:00 p.m. would be done by 8:00 a.m. the following day. Plaintiff
Trial Reporter
contended that she complained after the snowfall but prior to her fall that the snow and ice had not been removed from the parking areas. Defendant and Defendant’s former employee denied receiving any complaint from the Plaintiff prior to her fall. Defendant and Defendant’s former employee further contended that the park- ing areas were cleared at the time of Plaintiff ’s fall. Plaintiff contended that the snow and ice were not removed from the parking areas by the day of the accident, and that Plaintiff slipped on the snow and ice resulting in a wrist fracture. Defen- dant Contended that he was not informed of the fall until a month after Plaintiff claimed she fell, and Defendant also con- tended that if Plaintiff fell, she must have fallen at a location different from the Defendant’s premises.
Allegations of Liability: Failure by land- lord to remove dangerous condition.
Injuries/Damages: Wrist fracture requir- ing surgery, residuals claimed but no rating; medical bills of $11,898.71, no wage loss.
Plaintiff ’s Expert(s): Dr. Kenneth R. Lippman, 807 N. Charles Street, Balti- more, MD (Orthopedic surgery)
Defense Expert(s): None. Verdict: $71,898.71
Adjustor/Insurance Company: Nation- wide
Special Remarks: Plaintiff ’s demand was $75,000.00. Defendant never made An offer. Court instructed jury on both con- tributory negligence and assumption of the risk. Defendant produced photo- graphs which purported to show the parking areas at the time of the accident; unfortunately, the date on the photo- graphs showed a different month and year from the date of the accident.
Plaintiff ’s Counsel: David F. Albright, Jr. Defense Counsel: Kimberly B. Gordon
Vehicular Negligence
Castillo et al v. Turf Center lawns, Inc. et al Court: Circuit Court for Montgomery County. Hon. Wm. Rowan*
(Continued on page 58) Spring 2003
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