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Verdicts & Settlements More Results


Settlement for failure to diagnose a dermoid cyst in a new born leading to loss of bowel and bladder control.


Settlement for failure to timely deliver baby in spite of hours of fetal distress. Doctor delayed coming into the hospital to deliver in spite of calls from attending nurse reporting distress. This delay resulted in child being quite depressed at birth, having cerebral palsy and other developmental disabilities.

Lozen vs. Prigg

Settlement in medical malpractice claim where Ms. Lozen felt decreased fetal movement and notified her treating OB-Gyn, Dr. David Prigg and was told to increase hydration and put her feet up. The following morning, Ms. Lozen had continued complaints of decreased fetal movement and called her physician again. He finally instructed her to go to the hospital. When arriving at Riverside Osteopathic Hospital around 5:30 p.m, the fetal heart rate monitor demonstrated a nonreassuring patter, with poor to absent variability, occasional contractions and decelerations. An ultrasound showed decreased amniotic fluid with no fetal movement. Dr. Prigg was notified and a stat C-section was called. While Ms. Lozon was being prepped for C-section, significant decelerations and period of bradycardia persisted. Baby Lozen was delivered with no heart beat and no movement. There was no neonatologist or pediatrician present at the time of delivery. Baby Lozen was transported to U of M where she was evaluated and found to have sustained a hypoxic ischemic brain injury. As a result of defendant’s failure to deliver her earlier, she continues to suffer from extensive neurological damages and has been diagnosed with spastic quadriplegia cerebral palsy.


Settlement involving child with cerebral palsy caused by failure to timely deliver. Mother was sent home by residents in spite of nonreassuring fetal monitor strips. When the mother returned the next morning, baby was exhibiting significant fetal distress. Staff still delayed delivery. Case resolved after hospital filed for bankruptcy protection.


Settlement on behalf of a minor who sustained permanent brain injury due to delay in recognition of fetal distress and delay in performing a C-section. Plaintiff’s mother was admitted to induction of labor with Pitocin. The nurses and obstetric nurses administered too much Pitocin, which caused the baby to be deprived of blood and oxygen through the placenta. Over time the baby’s heart rate monitor became abnormal indicating that a C-section should have been performed. By the time the attending obstetrician arrived and performed the C-section, the child had been acutely asphyxiated. The child has mild cerebral palsy and learning disabilities.


71-year-old man was a resident of the defendant nursing home. It was well known that the patient required a strict puree diet due to a recent stroke. Despite that order, the nursing staff negligently served the patient with pieces of whole chicken, which he ingested and choked on, leading to massive cardiopulmonary arrest, severe anoxic brain injury, and ultimately death.


69-year-old man presented to the defendant hospital for a routine colonoscopy. During the procedure, the patient was over-sedated with propofol, leading to repeated periods of bradycardia and hypoxia, which went ignored by the gastroenterologist and the anesthesia team. Ultimately, the patient arrested during the procedure necessitating urgent transfer to the emergency department. The patient survived for three days, but he had suffered severe, permanent anoxic brain injury as a result of the egregious neglect of all involved. Ultimately, life support was removed.


Settlement in medical malpractice claim against a neurosurgeon who performed surgery at the wrong level of the spine. A 47-year-old woman with a history of prior lumbar disc surgery underwent surgery for a disc herniation at L4/L5. The neurosurgeon erroneously operated on the patient’s spine at L3/L4. A subsequent surgery was, of course, necessary to repair the original disc injury at L4/L5. The combination of both surgeries resulted in bilateral nerve pain and disability from employment. McKeen & Associates was able to successfully overcome the defendant’s argument that the patient would be disabled from work even if the unnecessary surgery had not been performed.


Settlement on behalf of an 18-year-old young man who sustained brain injury due to delay in delivery by C-section. Plaintiff’s mother was over 40 years of age and had gestational diabetes both of which required close monitoring of the baby’s condition during the pregnancy. The obstetricians failed to start weekly ultrasounds, which led to them missing the fact that the baby’s growth rate was declining (an indication for further monitoring and delivery by elective C-section). Once ultrasounds were done they showed the need for immediate delivery by C-section. Unfortunately, after mother was sent to the hospital, there was an additional hour’s long delay in performing the C-section. The plaintiff sustained permanent brain injury, which caused cerebral palsy and developmental delay.


Settlement in a medical malpractice claim on behalf of a 38-year-old single mother of two teenage daughters. A local hospital and its doctors failed, over several months, to recognize that chronic dehydration caused by a chronic intestinal condition could lead to stroke. The stroke would have been prevented if the doctors had administered anticoagulant medication to reduce the risk of blood clots forming in the brain. As a result of the stroke, the client was left unable to return to work and will require assistance in managing her daily activities for the rest of her life.


Settlement that involved a newborn who sustained brachial plexus injury due to shoulder dystocia. During delivery, nurses incorrectly applied performed fundal pressure, which worsened the dystocia.


Settlement for failure to use proper CT contrast allergy prep prior to known steroid allergy patient resulting in fatal allergic reaction.


Settlement for failure to hold Coumadin in patient who had suffered a head injury, despite the fact that patient had a negative head CT upon presentation.


44-year-old woman presented to her local emergency department three times in four days after experiencing a sudden onset of excruciating back pain. The woman explained to the healthcare providers on each presentation that she was on anticoagulation medication, which is well known to expose a patient to a risk of abnormal bleeding. Despite the progressive nature of her symptoms over the course of three emergency department visits, the healthcare providers involved failed to order any imaging studies and thus delayed in making the diagnosis of the patient’s cervical epidural hematoma. The patient ultimately went to a different hospital where she was immediately diagnosed with the life-threatening condition and underwent emergent surgical decompression.


Settlement on behalf of a minor who sustained hearing loss and cognitive delays due to the failure of an obstetrician and obstetric residents to timely perform a C-section for mother’s failure to progress in labor despite use of Pitocin to augment the labor. As a result the child developed meconium aspiration syndrome, which required extensive treatment in a neonatal intensive care unit (NICU).


Settlement reached on behalf of a 64-year-old woman with a neurogenic bladder due to a delayed diagnosis of spinal cord compression following a laminectomy. The patient underwent a laminectomy for a disc herniation. The neurosurgeon noticed a puncture in the dura resulting in a spinal fluid leak. The defect was repaired using a Nurolon suture. Postoperatively the patient had significant pain in her back, right leg, buttocks and perineal numbness. An MRI was ordered that showed an epidural fluid collection with constriction on the spinal cord. The neurosurgeon was unaware of the MRI report results for many hours. A timely re-exploration of the spine was not performed resulting in cauda equina syndrome, loss of bowel and bladder function.


80-year-old man with numerous risk factors for arterial insufficiency presented to his local emergency department with a sudden onset of leg weakness and numbness. The healthcare providers initiated treatment for what they believed to be a potential stroke, although the patient had no typical stroke-like symptoms. More importantly, the healthcare providers involved completely failed to perform any testing to rule out potential arterial injury. As a result of these violations in the standard of care, the patient suffered undiagnosed and untreated right lower extremity ischemia which necessitated three surgeries, culminating in an above-the-knee amputation of the patient’s right leg.


52-year-old woman was hospitalized for presumed sepsis. The healthcare providers attempted to insert a central venous catheter into the patient’s internal jugular vein to administer medications. However, the physician negligently inserted the catheter into the patient’s carotid artery, rather than the intended internal jugular vein. The negligent placement of the catheter caused a blood clot to develop in the artery, which then embolized to the patient’s middle cerebral artery, causing a massive stroke and eventual death.


Settlement in a medical malpractice claim on behalf of a 7-year-old child who developed bleeding into his brain, seizures and learning disabilities, after application of a vacuum extractor. Labor was progressing normally and there was no sign of fetal distress. The obstetrician told the laboring mother that he was going to use a vacuum despite the fact that no indication for the vacuum existed. The laboring mother was not given sufficient information to make an informed decision about use of the vacuum.

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