Jeffrey A. Leikin, Partner

After four days, a trial jury verdict in the amount of $2 million was awarded to the surviving daughter and surviving spouse of a 75- year-old gentlemen who died at a local hospital as a result of a massive myocardial infarction. The local hospital had misplaced the pre-admission medical records of the patient so that his treating cardiologist was unaware of the fact that the patient had suffered an MI less than 48 hours prior to admission. The patient suffered severe chest pain at work, prompting his co-workers to call EMS. While in route to the emergency room facility, a 12 lead EKG revealed that the patient was suffering from an acute MI. The patient was stabilized at the ER facility prior to transfer the the local hospital.

However, the ER records were misplaced once the patient reached the local hospital. Unaware that the patient had suffered an MI at work, the physicians treated him for a gastric disorder rather than an obvious cardiac condition.

A jury verdict resulted in a $950,000 award for a gentlemen injured while playing golf at a local golf course. The client was in the middle of entertaining a business guest when the guest, operating a golf cart in which the client was situated, went out of control and struck a tree, ejecting the client. The client suffered a severely broken ankle requiring multiple surgical procedures.The lawsuit was filed against the operator of the golf cart as well as the operator of the golf course due to the hazardous nature and slope of a hill/curve combination to the cart path that was built on the course. The trial lasted almost a full week in which it was proved that the operator of the golf cart, not the operator of the golf course, was responsible for the golf cart going out of control. Following the trial, it was argued that the insurance company lacked good faith in handling the claim by the trial judge resulting in an additional award for pre-judgment interest.

Automobile collision where defendant pulled onto highway without yielding right of way to plaintiff's vehicle. Damages: fractured left great toe, fracture of radius and ulna of left arm. Defendant contested the extent of the injury and the amount of damages to which plaintiff was entitled.

Our Client was a young girl 8 years of age who enjoyed a normal childhood. In February, 2006 she began experiencing neurological systems and was taken to the local emergency room in by her mother. The pediatric neurologist who saw the Client created a differential diagnosis which included ADEM and Herpes Symplex Encephalitis. Both these diseases are essentially viral infections of the brain which can cause permanent brain damage. There is no known treatment for ADEM other than hospitalization, observation and medical support. On the other hand, Herpes Symplex Encephalitis can be treated with an antiviral drug known as Acyclovir. It was the Firm's position that the drug Acyclovir was untimely given, resulting in permanent neurological damage to the Client. Less than three weeks before Trial, the matter was able to be settled in the amount of $2,500,000.00.

A ten-year-old girl presented herself at the emergency room of a local hospital with signs and symptoms suggestive of a brain infection known as viral encephalitis. Unfortunately, the staff, physicians, and specialists on call failed to timely recognize her infection and treat with an anti-viral medication. After five full days of trial and the testimony of five experts, the local hospital and specialists settled the claim with the family. Unfortunately, as a result of the infection, this now 22-year-old young woman suffers from profound brain injury.

Defendants collectively provided a fire tanker with defective brakes, an inadequate gear shift indicator, and improperly wired safety lights which incorrectly advised the operator that the vehicle was in neutral instead of drive, causing the tanker to inadvertently move forward striking plaintiff. Defendant's primary defense was that the chocks were not utilized by plaintiff or his fire department to prevent an inadvertent movement of the tanker. All experts agreed that chocks in conformity with the applicable standard would have prevented this incident. Plaintiff sustained injuries as follows: above knee amputation and dislocated hip.

Plaintiff had surgical repair of shoulder fracture with bone graft. Defendant breached standard of care by misprescribing antibiotic (prophylactically) after surgery four times a day for 10 days. This suppressed the clinical signs of the infection at the donor site at the first post-op visit. Five days later, the patient called defendant at 3:00 a.m. complaining of fever, chills, nausea, and vomiting and was told it was probably the flu. Plaintiff sustained toxic shock resulting in amputation of eight fingers and both legs below the knee.

Plaintiff was struck by automobile while crossing street in a marked crosswalk. Defendant failed to yield right of way. The plaintiff had been confined to a wheelchair prior to the collision for a pre-existing condition. As a result of this collision plaintiff suffered a severe fracture to his leg which worsened his permanent disability.

Plaintiff's malignant microcalcifications were not reported on her 1992 mammogram and their increased number were not reported in her 1993 mammogram. By the time they were seen in her 1994 mammogram, she was Stage IIIA. The defendant testified that the mammograms were normal. However, defendant's expert conceded on cross-examintion that the microcalicfications were present and should have been reported.

Plaintiff slipped on loose coke which collected in railroad yard from hopper cars. He tore his rotator cuff and became permanently disabled from railroad work.