The client, a retired but active male, underwent a laparoscopic gallbladder removal. During this surgical procedure, the defendant general surgeon inadvertently perforated the client’s bowel, and the perforation went undetected. During the twelve-hour period that followed surgery, the client went into a precipitous decline. The client experienced a distended abdomen, worrisome fever and abnormally high respiration and heart rates....
Read MoreDefense counsel will sometimes make a tactical decision to admit liability in a negligence action, typically shortly before trial and often in a case that involves aggravated negligence. Defense counsel will then file a motion in limine seeking to bar the plaintiff from presenting liability evidence at trial. The inspiration for this defense tactic is premised on the idea...
Read MoreOur client, a 39 year old male, experienced a sudden onset of rectal bleeding and was hospitalized for evaluation of his colon. A gastroenterologist performed a colonoscopy and an EGD (upper G I study) and diagnosed plaintiff with diverticulosis ( a benign pouching condition) in the lower portion of the colon. The gastroenterologist gave the client dietary instructions to...
Read MoreThis case involved over 30,000 pages of medical records and complex issues of medicine pertaining to the monitoring of arterial lines. It was settled largely because of the outstanding quality of the PowerPoint presentation and demand letter prepared by our staff paralegal, Kerry Hopkins. In select cases in which we feel confident that the defendants cannot present a viable...
Read MoreCommercial vehicles are the largest vehicles on the road. The only other vehicles coming close are newer recreational vehicles. 18-wheelers can weigh up to 80,000 pounds. When that amount of weigh is involved in an accident, catastrophic injuries can easily occur to drivers and occupants of smaller passenger vehicles. In an effort to reduce the number of trucking accidents...
Read MoreAs of 8/18/2008, the FDA has reviewed 30 postmarketing reports of acute pancreatitis in patients taking Byetta. Of the 6 cases of hemorrhagic or necrotizing pancreatitis, all patients required hospitalization, two patients died and four patients were recovering at time of reporting. Byetta (exenatide) is a medicine given by injection to help adults with type 2 diabetes improve blood...
Read MoreWhile the number of people dying in auto accidents has steadily decreased across the United States since 2005, new statistics show Missouri is dealing with some troubling statewide motor vehicle accident trends. Not only have Missouri traffic deaths been rising, but in particular fatalities from accidents with big rigs have been increasing. Increasing Numbers According to the Missouri Highway...
Read MoreSettlements and verdicts are the principal means by which claims achieve a resolution. Each has advantages and disadvantages. Attorneys settle out of court in the vast majority of cases. Most trial attorneys devote the great majority of their time preparing cases for out of court settlement. Attorneys file suit as a last resort when it appears that an appropriate...
Read MoreIn Kansas, the Health Care Stabilization Fund provides healthcare providers with liability insurance. As such, it is a rich source of information on trends in the world of Kansas medical malpractice. On October 16, the Health Care Stabilization Fund Oversight Committee released data pertaining to medical malpractice claims within Kansas during Fiscal Year 2013. According to the report, the...
Read MoreThe Dempsey Kingsland Osteen law firm obtained an $850,000 settlement for a client in a case involving complications from gall bladder surgery. John Doe John Doe was a vigorous retired 72-year-old when he began experiencing stomach discomfort and pain after meals. His regular doctor referred him to Defendant Doctor, a general surgeon. Defendant Doctor ordered a CT scan, which...
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