Failure to Timely Diagnose Post-Operative Infection

Verdict/Settlement Amount: $800,000
Verdict/Settlement Date: May 2013
Attorney: Howard Mishkind

Description of Case: The Decedent was a 69-year-old otherwise healthy male who presented to ABC Emergency Room with abdominal pain and was taken to the operating room that evening where he underwent a laparotomy and was diagnosed to have a ruptured appendix. Following the surgery, he developed continued symptoms of abdominal pain and other clinical signs and symptoms which suggested that he was experiencing an anastomotic leak from the site of his previous surgery. As a result of various delays in diagnosing and surgically repairing the leak, the patient developed overwhelming sepsis leading to his death.

Court: Withheld

Settlement Amount: $550,000.00
Settlement Date: September 2012
Attorney: Howard Mishkind and David Kulwicki

Description of Case: 58-year-old woman underwent an elective cholecystectomy (gallbladder surgery).  Following the surgery on the second day, she developed abdominal pain, elevated temperature and other signs of early postoperative infection.   When her symptoms did not improve the following day, she was taken for exploratory surgery and postoperatively remained hypotensive, requiring significant medications to increase her blood pressure.  Due to the vasopressive affect of the medications, the patient developed peripheral ischemia resulting in a below-the-knee amputation of her left leg.  The case was settled immediately prior to trial for $550,000.00.  Plaintiff had multiple comorbidities with no lost income.

Court: Withheld

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