Medical Malpractice

• Allen v. Donna Gamache, M.D., et. al.
• Allen v. Donna Gamache, M.D., et. al.
• James Law v. Charles Gross, M.D.
• Confidential A
• Confidential B
• Confidential C
• Confidential D
• Confidential E
• Confidential F
• Confidential G
• Confidential H
• Confidential I
• Confidential J
• Confidential K
• Confidential L
• Confidential M
• Confidential N
• Confidential O

Case:

Allen v. Donna Gamache, M.D., et. al.
Circuit Court for the City of Fredericksburg

Outcome:

$6,500,000 – Jury Verdict

Case Details:

In June 2000, Mr. Allen, the plaintiff, (not related to any member of the Allen law firm) was a 30-year-old attorney.  He had just begun working for the National Science Foundation, moved to Fredericksburg, and purchased a new house.

The plaintiff selected the defendant doctor for his primary care and saw him on June 22, 2000 for a baseline physical examination.  At the time of the visit, plaintiff said he was feeling the stress of recent events and defendant prescribed a mild anti-anxiety medication for him. Several weeks later, Mr. Allen called Dr. Gamache's office, complaining of numbness and tingling in his hands and feet.  He was told to lower his dose of the medication.  He was not told that his symptoms were serious and was not asked to come in to the doctor's office.

Several weeks later, the plaintiff called again.  He had reduced his medication, as instructed, but was still experiencing tingling.  He was asked to come in, but no urgency was communicated. The plaintiff obtained an appointment for two weeks later, and he was seen by the defendant doctor on September 1, 2000.  By that time, he had discontinued the medication altogether.  Although Dr. Gamache documented that the plaintiff's symptoms were "debilitating," she performed no physical examination.  Instead, she advised the plaintiff to seek counseling to deal with his stress.  She also suggested that plaintiff’s physical symptoms were likely caused by the anti-anxiety medication, and he needed to wait six to eight weeks for the symptoms to resolve.

On September 27 and 29, 2000, the plaintiff and his wife called Dr. Gamache's office and reported worsening symptoms.  The doctor agreed to see him the following Monday and advised him that, if his symptoms were bad enough, he could go to the emergency room; however, at no time did she express any concern that he was in any danger.

On October 2, 2000, Mr. Allen was transported to the Emergency Room at Mary Washington Hospital, where he was diagnosed with swelling of the cervical spinal cord.  High-dose steroids were initiated, and he was transferred to Medical College of Virginia Hospital.  There, his spinal cord was biopsied, and he was diagnosed with myelitis – an inflammation of the spinal cord.  Steroid therapy was continued for the next two years. During that time, attempts to wean Mr. Allen off of steroids resulted in increasing inflammation, but the inflammation was consistently reversed when his steroid doses were increased.

Mr. Allen is now permanently disabled.  He suffers from chronic and significant pain, paresthesias, balance and walking difficulties, loss of fine motor skills, bowel and bladder control problems, and erectile dysfunction. 

At trial, Mr. Allen contended that the defendant doctor failed to take an adequate history regarding his complaints and failed to perform physical and neurological examinations.  The plaintiff also contended that a proper history and neurological examination would have ruled out the diagnosis of medication side effects as a cause of his complaints and would have resulted in the diagnosis of his myelitis at an earlier stage.  Such a prompt diagnosis would have allowed for earlier steroid treatment, which would have prevented the plaintiff's end-stage deterioration.

The case was tried over the course of one week.  The jury verdict of $6,500,000 was, at that time, believed to be the largest medical malpractice verdict in Virginia history.  The verdict remains the largest malpractice verdict in the Circuit Court for the City of Fredericksburg.

Case:

Allen v. Donna Gamache, M.D., et. al.
Circuit Court for the City of Fredericksburg

Outcome:

$1,800,000 – Jury Verdict

Case Details:

The case of Allen v. Gamache described above was retried in November, 2005 after an appeal by the defendant doctor.  On appeal, the Supreme Court of Virginia held that Dr. Gamache had been negligent in her treatment of Mr. Allen, but ordered that the case be retried only as to the issue whether the doctor's negligence caused Mr. Allen’s injuries.

In order to protect the privacy of his family members, Mr. Allen gave up a significant portion of his claim.  Therefore, the evidence the jury heard in the second trial differed from the evidence given in the first trial.  The trial lasted four days, and the jury deliberated for four and a half hours before finding that Dr. Gamache’s negligence had caused Mr. Allen permanent and disabling injury.  The jury’s verdict of $1,800,000 was one of the largest medical malpractice verdicts in Virginia during 2005.

Case:

James Law v. Charles Gross, M.D.
Circuit Court for the City of Charlottesville

Outcome:

$750,000 – Jury Verdict

Case Details:

In January 1998, James "Mark" Law, age 14, was referred for sinus surgery by his pediatrician to the defendant doctor, a nationally known pediatric ear, nose and throat surgeon on staff at University of Virginia Hospital.  Having been told by Mark's referring physician that the defendant was "the best," Mark's mother consented to the defendant performing the surgery.  However, unknown to either Mark or his mother, Dr. Gross did not perform the surgery and was, in fact, not even in the room during most of the surgery.  Instead, two residents performed the surgery.  Complications occurred during the surgery, and, as a result, Mark was blinded in one eye.

The case was tried exclusively on the issue of consent. The defendant admitted that he never told Mark or his mother that he would not operate or remain in the operating room during surgery.  Instead, he claimed that substituting surgeons in a teaching institution was not a violation of the standard of care and that Mark's mother should have known that such a substitution would occur because Mark had received treatment at the University of Virginia on prior occasions.

The plaintiff argued that a mother has a right to know who is operating on her son. The jury deliberated for three hours and returned a verdict of $750,000.  This verdict is believed to be one of the largest medical malpractice verdicts to date in the Circuit Court for the City of Charlottesville.

Case:

Confidential

Outcome:

$1,318,576 – Settlement

Case Details:

The plaintiff mother, a pregnant female in her twenties, presented to the hospital with spontaneous rupture of membranes and was admitted to the Labor & Delivery unit.  Labor was augmented with Oxytocin, and the mother appeared to be progressing without complication or distress to the fetus.  Some time thereafter, the fetal heart rate dropped to the 90’s and remained decreased for 5 minutes before returning to baseline.  At this point, the defendant obstetrician applied mid forceps in attempts to rotate the baby.  Rotation was successful but no descent was noted after three attempts at pulling. The fetal heart tones remained unsteady with notable sustained decreases to the 60’s.  A vacuum extraction was attempted and was unsuccessful.  At this time, the mother was moved to the operating room for emergency cesarean section. 

After the mother arrived in the operating room, the decision was made to continue with spontaneous vaginal delivery.  The mother continued to push in attempts at delivery for another 90 minutes with inconsistent fetal heart tracings and notable late decelerations in the fetal heart rate.  The vacuum suction was again applied, and the baby was delivered with a significant shoulder dystocia. 

Upon presentation, the baby was limp, cyanotic and without spontaneous respiratory effort.  Edema, bruising and lacerations to the baby’s skull and face were documented.  Reflexes were poor, and he was intubated and placed on intravenous fluids.  A CT of the head revealed a subgaleal hematoma, left parietal skull fracture and a subdural hematoma extending into the tentorium.
 
Ultimately, the infant child was diagnosed with spastic cerebral palsy.  He will require medical and living assistance for the remainder of his life.  Plaintiff alleged that the defendant physician failed to recognize clear signs of fetal distress, failed to appropriately manage the labor and delivery, and failed to emergently deliver the infant child.  The case was settled during litigation.

Case:

Confidential

Outcome:

$1,300,000 – Settlement

Case Details:

The plaintiff, a woman 29 years old, underwent a routine adult tonsillectomy.  During surgery, her oxygen saturation levels dropped significantly, and she sustained a permanent hypoxic brain injury.  Plaintiff alleged that her treating nurse anesthetist, anesthesiologist, and oral surgeon failed to appropriately obtain and maintain an airway during surgery.

As a result of her injuries, plaintiff sustained profound and permanent short-term memory deficits.  She can no longer drive an automobile or obtain gainful employment.  In addition, she requires assistance from others when engaging in many routine daily activities.  The case was settled during mediation shortly before trial.

Case:

Confidential

Outcome:

$850,000 – Settlement

Case Details:

The plaintiff, a 29-year-old black male, was admitted to a Washington, D.C. area hospital for management of a sickle cell crisis and related back, shoulder, and right knee pain.
 
The management plan called for hydration, oxygen, and pain control with narcotics, including MS Contin, Dilaudid, and Morphine.
 
At approximately 4:30 a.m., the plaintiff was found unresponsive and covered in vomit.  His mouth was suctioned with no change in status.  He had no respirations or pulse and CPR was started.  The hospital’s CODE system was not working properly that evening, and there was a delay in the response.  The CODE Team’s efforts were unsuccessful and the plaintiff was pronounced dead at 5:25 a.m.

Plaintiff alleged that the hospital nursing staff failed to adequately monitor plaintiff’s condition and failed to appreciate that he was falling into a depressed respiratory state.  In addition, the plaintiff alleged that the hospital was negligent in failing to properly maintain its CODE system.

The case was settled during litigation.

Case:

Confidential

Outcome:

$750,000 – Settlement

Case Details:

Plaintiff, a young female, underwent laparoscopic gall bladder removal surgery.  During the procedure, the defendant surgeon failed to adequately dissect and identify the key biliary anatomy.  As a result, the defendant surgeon transected the plaintiff’s common bile duct.  In addition, the defendant caused a severe cautery injury to the common hepatic duct and inadvertently removed a small portion of the plaintiff’s liver.

As a result of the injuries, plaintiff underwent extensive repair surgery, and she remained hospitalized for approximately one month.

Following discharge, the plaintiff continued to experience difficulty, and additional procedures and testing were required.  The plaintiff's liver function tests and general medical condition will require close monitoring for the remainder of her life.

The case was settled during litigation.

Case:

Confidential 

Outcome:

$750,000 – Settlement

Case Details:

The plaintiff was a 28 year old Virginia State Trooper who had drooping eyelids which interfered with his vision and increased the risks of his job.  The defendant plastic surgeon shortened and lifted the plaintiff’s eyelids.  However, the doctor made the lids too short.  As a result, the plaintiff could not close his eyes and he sustained permanent damage to his eyes and vision.  The plaintiff was permanently disabled from his career as a Virginia State Trooper. 

The plaintiff charged the defendant with negligence, asserting that the plaintiff was not a proper candidate for the surgery performed, that the defendant negligently over-shortened the eyelids, negligently failed to assess the eyelids at the conclusion of the surgery, and negligently failed to realize his mistake before the plaintiff was permanently damaged. 

The case was settled during litigation. 

Case:

Confidential

Outcome:

$675,000 – Settlement

Case Details:

The plaintiff was a 40-year-old obese woman with a prior history of delivering two macrosomic (weight more than 10 pounds at birth) infants.

After trying for several years to get pregnant a third time, she became pregnant at age 40. She developed gestational diabetes, and her fundal height exceeded her weeks of gestation throughout her pregnancy. She had numerous warning signs of delivering another macrosomic infant. 

As the plaintiff neared her due date, she warned her obstetrician that she was carrying a large baby again and would have difficulty delivering.  The defendant counseled her that her baby would be no more than eight pounds and suggested that the delivery would be uneventful.
 
The plaintiff went into labor at full term and had very slow progress of the second stage of labor.  The defendant ordered Pitocin and, when labor failed to progress, repeatedly increased the dose.  The infant became tightly wedged in the plaintiff's pelvis and the defendant doctor applied forceps.  The infant died during delivery.  An autopsy revealed that the infant had a severely bruised face and head and a broken neck.
 
The mother suffered lacerations from the efforts to deliver her daughter.  She also suffered a sacroiliac joint injury resulting in back pain and sciatica.  She was diagnosed with post traumatic stress disorder, suffering flashbacks, nightmares, tremors and tearfulness.

The case was settled during mediation.

Case:

Confidential

Outcome:

$675,000 – Settlement

Case Details:

On September 7, 2000, the plaintiff, a young man 20 years old, began complaining of chest pain and severe headaches with associated nausea and vomiting.  Prior medical history included obesity and recent onset of insulin dependent diabetes.

Plaintiff presented to his local hospital’s emergency room for evaluation and treatment.  Laboratory testing revealed that his glucose and “blood work” were “fine.” and he was prescribed Prilosec and discharged home.

On September 11, 2000, with continuing complaints of severe headache, vomiting and inability to keep food or fluids down, plaintiff returned to same emergency room.  Although his blood sugar was noted to be significantly elevated, plaintiff was instructed to take Mylanta and again discharged to home.

Once at home, plaintiff’s mother noted that her son was disoriented.  She transported him back to the hospital where he was admitted to the Intensive Care Unit for evaluation.
 
On September 12, 1999, plaintiff suffered a cardio-pulmonary arrest.  He was intubated and placed on a ventilator.  His kidneys failed, and he was started on hemodialysis.  With progressive multiple organ failure, the plaintiff died on September 15, 2000.

Plaintiff’s mother filed suit against two doctors claiming first that the defendant ER physician negligently discharged her son when he was experiencing diabetic ketoacidosis – a life threatening condition.  Plaintiff’s mother also alleged that the defendant family physician (the same physician who ultimately admitted her son to the hospital) negligently managed her son’s medical care while he was in the Intensive Care Unit.

The case settled shortly before trial and after a failed mediation.

Case:

Confidential

Outcome:

$650,000 – Settlement

Case Details:

In June 2001, the plaintiff's husband, then in his mid-40s, underwent a screening colonoscopy due to a family history of colon cancer. A 3 centimeter sessile polyp was discovered, snared and removed. There were no apparent complications, and the patient was discharged to home.

Hours later, the patient developed severe abdominal pain, became nauseated and began vomiting. He was taken by ambulance to the hospital, where he was seen in surgical consultation by the defendant doctor. An abdominal x-ray revealed free air under the diaphragm. The history, presentation and x-ray resulted in a diagnosis of a hole in the colon.  The defendant decided at 1 a.m. to place the patient on IV antibiotics and pain medication to see if the hole would heal on its own.  The defendant then went home.

During the course of the night, the patient became unstable, with a drop in blood pressure and increase in heart and respiratory rates.  By the time the defendant returned to the hospital, the operating room was unavailable, which led to a further delay in surgery.  Once surgery commenced, the defendant opened the patient’s abdomen to discover it was "full of pus." The abdomen was cleaned out and the hole was closed.  Nevertheless, the patient's peritonitis had progressed to sepsis (which had caused his preoperative instability), and he died the following day.

The plaintiff asserted that her husband had diffuse peritonitis at the time of presentation and that emergency surgery was required.  The case was settled during litigation.

Case:

Confidential 

Outcome:

$650,000 – Settlement

Case Details:

The plaintiff was the grandmother and adoptive mother of a 13 year old boy who was admitted to the hospital with pneumonia.  He was placed in the pediatric intensive care unit where his respiration rate remained very high and continued to increase as time progressed.  The young man's oxygen saturation level decreased, and the carbon dioxide in his blood increased.  When the defendant – the intensive care physician – decided to place the patient on a ventilator to improve his condition and allow him to rest from the intense labor of trying to breathe, the patient went into cardiac and respiratory arrest and died. 

The plaintiff charged the defendant doctor with negligence, asserting that he should have placed the patient on a ventilator much sooner, which would have saved the patient’s life. 

The case was settled during litigation. 

Case:

Confidential

Outcome:

$650,000 – Settlement

Case Details:

The plaintiff, a 58 year old man, was involved in a single-vehicle accident in which he sustained several injuries, including a right femoral fracture.  None of his injuries was life-threatening.  He was taken to a local hospital, where he was stabilized and admitted for surgery to his leg.
 
Before surgery, the next morning, the plaintiff was transported to the pre-operative holding area.  Assessment revealed him to be alert and following commands.  He demonstrated good breath sounds bilaterally, was fully oxygenated, and was in no respiratory distress.  He was transported to the operating room and within two minutes of being placed on an anesthesia machine, respiratory difficulty was documented. Within nine minutes, there was a notable decrease in heart rate, blood pressure and oxygen saturation.  Full cardio-pulmonary resuscitation efforts were initiated within 12 minutes.  All efforts to resuscitate the plaintiff were unsuccessful, and he was pronounced dead.

An autopsy revealed the cause of death to be bilateral tension pneumothoraces due to a malfunction of the anesthesia machine. The hospital's investigation revealed that the exhalation valve on the anesthesia machine failed, allowing anesthesia gasses to enter the plaintiff without escaping.

Plaintiff’s counsel alleged that the treating anesthesiologist breached the standard of care in failing to adequately test the anesthesia machine before use, in failing to appropriately monitor the plaintiff as he was being placed under anesthesia, and in failing to immediately respond to obvious indications the anesthesia machine was malfunctioning.

Settlement was reached after several months of negotiations.

Case:

Confidential

Outcome:

$630,000 – Settlement

Case Details:

The plaintiff, a 30 year old woman, presented to the emergency room at the defendant hospital with complaints of severe abdominal pain.  Initial vitals revealed her to have no fever, a pulse of 88 and a blood pressure of 100/60.  Flat and upright abdominal films revealed a high grade small bowel obstruction.  Laboratory assessment revealed the plaintiff’s white count to be 20,300.  The plaintiff was informed that she required surgery, and she was transferred to a larger hospital despite a significant decline in her condition.  An arterial blood gas taken shortly before the transfer revealed the plaintiff to have a significant metabolic acidosis -- a life threatening condition.

During transport, no oxygen, intravenous fluids or medications were administered, and no vital signs were monitored except for cardiac monitoring.  The plaintiff experienced full cardiac arrest upon arrival at the larger hospital, and she was pronounced dead shortly thereafter.

The plaintiff alleged that defendant ER physician violated the standard of care in failing to appropriately assess and stabilize her condition prior to transport.  The plaintiff further alleged that the defendant ambulance service was negligent in accepting her as a patient for transport given her unstable condition and failed to appropriately monitor and respond to her deteriorating medical condition during transport.

Case:

Confidential

Outcome:

$500,000 – Settlement

Case Details:

This medical malpractice case arose out of laparoscopic gall bladder removal surgery on a 53 year old man.  The plaintiff alleged that the defendant surgeon failed to identify and dissect out all pertinent biliary anatomical parts prior to clipping and ligating any biliary structure. As a result, the defendant surgeon misidentified what he believed to be an "accessory duct."

Without further dissection and positive identification of this anatomical structure, the defendant clipped and cut the duct, transecting it, that is, cutting the patient's common hepatic duct in the process. As a result, a large central portion of the plaintiff's common hepatic duct and common bile duct was surgically removed. This same injury is well described in numerous medical publications as being the "classic injury" that can occur during a lap cholecystectomy procedure due to inadequate dissection and visualization of the key biliary anatomy.

As a result of the injury, the plaintiff underwent an extensive repair surgery, and the plaintiff remained hospitalized for approximately one month.

Following discharge, the plaintiff continued to experience medical difficulties, and additional surgery was performed.  The plaintiff's liver function tests and general medical condition will need close monitoring for the remainder of his life.

The case was settled following a lengthy mediation.

Case:

Confidential 

Outcome:

$475,000 – Settlement

Case Details:

The plaintiff was a 30 year old man who had gastric bypass surgery for obesity.  After surgery, the defendant surgeon discovered a leak at the site of the bypass, but decided to wait to determine if the leak would repair itself.  The patient developed an infection, and his condition worsened.  When the decision was finally made to re-operate on the patient, he was too ill to survive the surgery and died on the operating room table. 

The plaintiff charged the defendant with negligently failing to respond to the leak more quickly and allowing the patient to worsen and die.

The case was settled during litigation. 

Case:

Confidential

Outcome:

$425,000 – Settlement

Case Details:

The plaintiff, age 23, was admitted to the hospital to deliver her first child.  A nurse midwife induced labor and administered Pitocin.  A fetal heart rate monitor indicated that the birth was rapidly becoming difficult.  Despite signs of fetal compromise, labor was allowed to continue for over two more hours before an obstetrician was notified.  Ultimately an emergency cesarean section was performed, but the infant was delivered stillborn.

Virginia law barred any wrongful death claim on behalf of the infant child since it was never deemed alive outside the birth canal.  Therefore, a claim was filed on behalf of the mother to compensate her for the emotional harm suffered due to the loss of her child.

Case:

Confidential

Outcome:

$1,000,000 – Settlement

Case Details:

The plaintiff was a US Marine, married to a Japanese woman whom he met while he was stationed in Japan.  They returned to the states and he was stationed at Quantico.  She was 26 weeks pregnant with their second child when she became ill.  Symptoms included generalized achiness and fever which progressed to nausea and vomiting.  Her husband took her to National Navy Medical Center in Bethesda, Maryland where she was examined and her blood was tested.  Unfortunately, no one looked at the test results.  If they had, they would have seen that she had a severe bacterial infection and they would have hospitalized her.  Instead, they sent her home, told her to try to force fluids and take Tylenol.  Her infection progressed and both she and her unborn baby died, leaving behind her husband and her 2 year old daughter. 

Malcolm McConnell filed suit against the United States of America under the Federal Tort Claims Act and obtained a settlement of $1,000,000.