Medical Malpractice News

Jury Finds Pennsylvania Doctor and Hospital Negligent in 2012 Delivery; Family Awarded $14.5 Million

Five years ago, Nicole Welker went into labor with her first child. She was rushed to the Penn Highlands Clearfield Hospital, located in western Pennsylvania, nervous, but excited to meet her son for the first time. During the delivery the attending obstetrician observed complications with the pregnancy. And according to a medical malpractice lawsuit, filed on behalf of Welker and her family, the Clearfield staff administered the drug Pitocin to speed up the delivery. The suit claims that Pitocin should have never been given to Welker in her condition and caused her son to suffer from cerebral palsy.

Two years after the birth, the malpractice lawsuit was filed in federal court in Johnstown, Pennsylvania. Earlier this year the suit was brought to trial and lasted for two-weeks, including a full week of testimonies. After deliberating, the jury found in favor of the plaintiff, awarding the family $14.5 million, which is the largest monetary verdict ever awarded in the Johnstown court. More than $11 million of the award was earmarked for the future medical care of the child through 2063, $2 million for pain and suffering, as well as $1 million for lost earnings.

“The jury properly determined that the health care providers responsible for causing the child’s catastrophic injuries should also be responsible for paying the significant costs associated with his medical care going forward,” said the attorney representing the family.

Welker’s lawyers contend that because of the alleged negligence of Dr. Thomas Carnevale and the staff at Clearfield, the child was deprived critical oxygen in between contractions. After the birth he was rushed to the Pittsburgh Children’s Hospital, where he was diagnosed with cerebral palsy. The five-year-old boy, unable to walk or talk, will most likely be confined to a wheelchair for the rest of his life. The jury ruled that 60 percent of the fault was with Carnevale and 40 percent of the responsibility was with Clearfield Hospital.

According to the lawsuit, it is against the hospital’s protocol to administer a hormone drug like Pitocin when the patient is dilating and having strong contractions, as Welker was. It is not clear whether Clearfield Hospital or Dr. Carnevale will appeal the ruling.

Jury Finds Pennsylvania Doctor and Hospital Negligent in 2012 Delivery;  Family Awarded $14.5 Million
07 aug
Jury Finds Pennsylvania Doctor and Hospital Negligent in 2012 Delivery; Family Awarded $14.5 Million

Jury Finds Pennsylvania Doctor and Hospital Negligent in 2012 Delivery; Family Awarded $14.5 Million Five years ago, Nicole Welker went into labor with her first child. She was rushed to the Penn Highlands Clearfield Hospital, located in western Pennsylvania, nervous, but excited to meet her son for the first time. During the delivery the attending

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New Mexico Jury Finds Albuquerque Hospital Negligent; Awards Family $7.75 Million
24 jul
New Mexico Jury Finds Albuquerque Hospital Negligent; Awards Family $7.75 Million

New Mexico Jury Finds Albuquerque Hospital Negligent; Awards Family $7.75 Million Michael Webb waited as long as he could. The pain in his knee was not going away. Finally, in December 2011 he decided to have surgery performed. After the procedure, complications forced Webb in to the intensive care unit (ICU) at the Presbyterian Hospital

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House of Representatives Votes to Drastically Limit Medical Malpractice Cases
21 jul
House of Representatives Votes to Drastically Limit Medical Malpractice Cases

House of Representatives Votes to Drastically Limit Medical Malpractice Cases At the end of June, the House of Representatives passed a bill to limit the amount of non-economic damages that can be paid out in medical malpractice cases to just $250,000.  Non-economic damages compensate for the human aspects of an injury or death—including the loss

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Illinois Judge Orders University of Chicago Medical Center Pay Family $52,050,000
19 jul
Illinois Judge Orders University of Chicago Medical Center Pay Family $52,050,000

Illinois Judge Orders University of Chicago Medical Center Pay Family $52,050,000 Lisa Ewing was 40 weeks pregnant in 2004 when she noticed that her baby was not moving nearly as much as he had been. Upon the discovery she immediately went to the University of Chicago Medical Center to be evaluated. But according to a

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Wisconsin Appellate Court Rules $750,000 Medical Malpractice Cap Unconstitutional
17 jul
Wisconsin Appellate Court Rules $750,000 Medical Malpractice Cap Unconstitutional

Wisconsin Appellate Court Rules $750,000 Medical Malpractice Cap Unconstitutional A lawsuit filed on behalf of Ascaris Mayo was brought before a three-judge panel at Wisconsin’s First District Court of Appeals and they ruled that the state’s cap on non-economic medical malpractice damages is unconstitutional. Six years ago, Mayo, then 51, was brought into the Columbia

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Louisiana Appellate Court Upholds Verdict & Increases Award by $1,186,000
14 jul
Louisiana Appellate Court Upholds Verdict & Increases Award by $1,186,000

Louisiana Appellate Court Upholds Verdict & Increases Award by $1,186,000 After seeing a gastroenterologist in August 2013 about a pain in his upper right abdomen, Roger Burchfield was referred to the Willis-Knighton Medical Center in Shreveport, Louisiana. Forrest Wright, a surgeon at the medical center, determined that Burchfield, then 58, required immediate gallbladder surgery. Before

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New York Woman Files Medical Malpractice Lawsuit Over Alleged Cancer Misdiagnosis and Unnecessary Breast Removal
05 jul
New York Woman Files Medical Malpractice Lawsuit Over Alleged Cancer Misdiagnosis and Unnecessary Breast Removal

New York Woman Files Medical Malpractice Lawsuit Over Alleged Cancer Misdiagnosis and Unnecessary Breast Removal More than 200,000 women were diagnosed with breast cancer in 2015, including Eduvigis Rodriguez. She was 49 years-old when she noticed a lump in her left breast. Based on a biopsy performed at Mount Sinai Beth Israel Hospital in New

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Superior Court Denies Appeal & Finds the Children’s Hospital of Philadelphia Negligent
03 jul
Superior Court Denies Appeal & Finds the Children’s Hospital of Philadelphia Negligent

Superior Court Denies Appeal & Finds the Children’s Hospital of Philadelphia Negligent Shamir Tillery was 11 months old when he came down with a high fever. It was December 2009 and his mother, Shantice Tillery, was getting their home ready for the holidays. But when his temperature did not drop after a day, Shantice brought

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Florida Doctor Found Negligent; Deceased Woman’s Family Awarded $949,000
28 jun
Florida Doctor Found Negligent; Deceased Woman’s Family Awarded $949,000

Florida Doctor Found Negligent; Deceased Woman’s Family Awarded $949,000 Jeanne Marks decided to undergo reconstructive surgery on her foot in May 2014. She elected to have the surgery on her forefoot performed at the Delray Medical Center, located in South Florida. Before the operation Brian Coleman, Marks’ doctor, instructed an internal medicine specialist to conduct

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Surgeon Found Negligent for Performing Unneeded Operation; Jury Awards Pennsylvania Woman $625,000
26 jun
Surgeon Found Negligent for Performing Unneeded Operation; Jury Awards Pennsylvania Woman $625,000

Surgeon Found Negligent for Performing Unneeded Operation; Jury Awards Pennsylvania Woman $625,000 In April 2013, Natisha Almeida went to the Doylestown Women’s Health Center, located in Doylestown Pennsylvania, because she was feeling pressure in her pelvis. Based on an ultrasound by radiologist, Dr. Paul Adelizzi, it was determined that Almeida had a mass in her

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Lawsuit Accuses Vermont Hospital of Medical Malpractice
23 jun
Lawsuit Accuses Vermont Hospital of Medical Malpractice

Lawsuit Accuses Vermont Hospital of Medical Malpractice On March 24, 2014, Cynthia Hawthorne experienced an intense pain in her lower abdomen. The agony became so unbearable that she went to the emergency room at the Brattleboro Memorial Hospital to seek treatment. Doctors at the Vermont hospital believed that she was suffering from diverticulitis, which is

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Suspended Washington State Naturopath Physician Allegedly Continues Practice
22 jun
Suspended Washington State Naturopath Physician Allegedly Continues Practice

Suspended Washington State Naturopath Physician Allegedly Continues Practice In October 2012, Brian Hirsh contacted Lucinda Messer, while searching to find an alternative treatment option for his colon cancer. Messer admitted Hirsh in to the Goddess Sanctuary, her former naturopathy retreat that was located in Kirkland, WA. But Hirsh’s estate claims that he entered on false

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NC Court of Appeals Reinstates Negligence Lawsuit Against Duke Surgeon & Hospital
12 jun
NC Court of Appeals Reinstates Negligence Lawsuit Against Duke Surgeon & Hospital

NC Court of Appeals Reinstates Negligence Lawsuit Against Duke Surgeon & Hospital In 2012 Marjorie C. Locklear, then 75 years old, suffered a heart attack. After consulting with Dr. Matthew S. Cummings at the Southeastern Medical Center of Lumberton, she opted for cardiovascular surgery. According to a lawsuit filed on behalf of Locklear, Cummings and

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Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up
09 jun
Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up

Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up Early in 2015 Cris Chapa brought her mother, Manuela Chapa, to the Kindred Hospital located in Sugar Land, Texas. Manuela, then 87, was suffering from pneumonia and her condition was worsening. So the Chapa family was not shocked when they were called in to

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Jury Finds Deceased Orthopedic Surgeon Negligent; Awards Indiana Family $744,000
07 jun
Jury Finds Deceased Orthopedic Surgeon Negligent; Awards Indiana Family $744,000

When Dean and Tracy Dixon attended their son’s wrestling match in January 2012 they were forced to watch as his shoulder was driven into the unforgiving mat. He came up in excruciating pain and could not continue his match. Six days later, the pain had still not subsided, so the Dixons brought their son, then

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Veteran Settles Malpractice Lawsuit Against VA for $750,000
05 jun
Veteran Settles Malpractice Lawsuit Against VA for $750,000

Two years ago, Michael Holmes was told by his doctors at the Hunter Holmes McGuire VA Medical Center in Richmond Virginia that his left carotid artery was blocked and needed to be cleared out. A few months later he underwent the routine vascular surgery, which typically takes around one-hour to complete. But something went terribly

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Professional Athlete Forced into Retirement Because of a Concussion Claims Lawyers Sabotaged Medical Malpractice Lawsuit
02 jun
Professional Athlete Forced into Retirement Because of a Concussion Claims Lawyers Sabotaged Medical Malpractice Lawsuit

Bryan Namoff played for D.C. United, a Major League Soccer club, for nine years. He was a fan favorite and one of the best defenders in the league. But in a September 2009 match against Kansas City, his life changed forever on a routine header. When he went up to head the ball a player

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Children’s Hospital Colorado Found Negligent; Pressey Family Awarded $11.9 Million
02 jun
Children’s Hospital Colorado Found Negligent; Pressey Family Awarded $11.9 Million

Naomi Pressey was born on February 6, 2008 at which time her doctors found a structural problem with her heart that required surgery. She was transferred to Children’s Hospital Colorado for the operation that was scheduled for February 10th. But the routine procedure quickly turned into a tragedy because of the alleged negligence of the

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Two Families File Malpractice Lawsuits Against Washington State Midwife
02 jun
Two Families File Malpractice Lawsuits Against Washington State Midwife

Last month, two separate Washington State families filed malpractice lawsuits against Laura Hamilton, who each had hired as their midwife. According to the lawsuit filed by Kylie Frost and Zachariah Sprague, the alleged negligence of Hamilton led to the death of their child. The second family, Scott and Seng Hamilton, who are distant cousins of

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$1.7 Million Judgment in 2014 Illinois Malpractice Lawsuit Upheld
24 may
$1.7 Million Judgment in 2014 Illinois Malpractice Lawsuit Upheld

In 2007, Rebecca Gapinski brought her husband, Daniel Gapinski, into OSF St. Francis Medical Center located in Peoria, Illinois for surgery. His doctors had identified a growth in his brain and they needed to evaluate the tissue for cancer. Dr. Neena Gujrati, the attending pathologist who analyzed the specimens, reported that the growth was a

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Syracuse Fertility Clinic Found Negligent for Birth Defect; Family Awarded $7.5 Million
22 may
Syracuse Fertility Clinic Found Negligent for Birth Defect; Family Awarded $7.5 Million

In 2010 Matthew and Danielle Cremisio made the biggest decision of their lives. They wanted to get pregnant, but soon realized that they would need professional assistance to do so. After some research they decided to hire CNY Fertility, a clinic located in Syracuse, NY. Before implantation the couple requested that CNY Fertility run a

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North Dakota Surgeon Found Negligent of Severing Woman’s Major Artery; Chenille Condon Awarded $3.5 Million
19 may
North Dakota Surgeon Found Negligent of Severing Woman’s Major Artery; Chenille Condon Awarded $3.5 Million

In 2012, one week after giving birth to her fourth child, Chenille Condon was called back to the St. Alexius Hospital for a biopsy on her inflamed lymph nodes by Dr. Allen Michael Booth. The lymph nodes, located in the middle of her chest and in-between her lungs, called for a mediastinoscopy. During the procedure

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Florida Doctor & Signet Found Negligent for Misdiagnosing a Woman’s Breast Cancer; Marlande Lazard Awarded $21.6 Million
17 may
Florida Doctor & Signet Found Negligent for Misdiagnosing a Woman’s Breast Cancer; Marlande Lazard Awarded $21.6 Million

After Marlande Lazard moved from Haiti to Miami 26 years ago, she began traveling back to the Caribbean island on medical missions, determined to teach women there how to check themselves for breast cancer. So, four years ago when she felt a lump on her chest, she knew that she needed to go to the

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Malpractice Lawsuit Claims Idaho Doctors Accidentally Removed Patient’s Kidney
15 may
Malpractice Lawsuit Claims Idaho Doctors Accidentally Removed Patient’s Kidney

Last year when Roland N. Smith, 83-years-old, learned that he had a cancerous tumor growing on his right kidney he was relieved to learn that it could be safely removed. By the time Smith arrived at the Idaho Falls hospital for surgery the tumor had grown to the size of a grapefruit. Despite the growth

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Judge Claims Negligence Caused Baby’s Brain Damage; Awards Family $33.8 Million
01 may
Judge Claims Negligence Caused Baby’s Brain Damage; Awards Family $33.8 Million

What was supposed to be the happiest day of Marla Dixon’s life turned into the worst because of the alleged negligence of the on-call OB/GYN, which led to the severe brain damage of her child, Earl Jr. After a two-week trial in federal court, U.S. District Judge Robert Scola found in favor of Dixon and

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“The stakes could not be higher,” said the plaintiff’s attorney.