The attorneys of Crowe & Mulvey, LLP have represented injured people throughout New England. This section contains a few of the cases our attorneys have successfully resolved for our clients.
- $39.7 million verdict plus interest for birth injury
- $9 million Settlement For Failure to Diagnose Impending Stroke
- $7.5 million verdict plus interest for delay in diagnosing bladder cancer
- $7.2 million verdict plus interest for brain-injured child
- $5 million settlement for paralysis and death
- $5 million Settlement for Nurses’ failure to diagnose And Treat Preeclampsia
- $4.7 million arbitration award for brain injury
- $4.4 million settlement for brain injured child
- $3.6 million settlement for brain damaged child
- $3.6 million verdict plus interest for delay in diagnosing breast cancer
- $3.25 million settlement for misdiagnosis of head trauma
- $3 million settlement plus payment of $900,000 lien
- $2.7 million verdict plus interest for arm injury due to excessive traction at birth
- $2.5 million settlement for misdiagnosis of arachnoid cyst
- $2.5 million settlement for untreated post-operative infection
- $2.4 million settlement for brain injured child
- $2.4 million settlement for failure to diagnose post-Cesarean infection
- $2.4 million verdict plus interest for Erbs palsy due to excessive traction at birth
- $2.25 million settlement for birth injury
- $2.25 million verdict plus interest for death of hospitalized patient from dehydration
- $2.2 million settlement
- $2.2 million settlement for partial amputations of hands and feet
- $2 million Settlement for brain Injured Adult Following Out-Patient Surgery
- $2 million Settlement For Failure to Treat Pre-Eclampsia
- $2 Million Settlement For Failure to Recognize Growth Retardation
- $2 million settlement for worsened birth injury
- $1.8 million settlement for delayed diagnosis of choriocarcinoma
- $1.8 million settlement for urinary infection resulting in premature delivery of twins
- $1.75 million settlement for death due to elevated ammonia level
- $1.625 million settlement for burns and death
- $1.55 million settlement for developmental delays
- $1.5 million for family of pregnant woman who died from chicken pox
- $1.5 million settlement for delay in diagnosing breast cancer
- $1.5 million settlement for delay in diagnosing stroke
- $1.5 million settlement for failure to act on blood test results
- $1.5 million verdict plus interest for Erbs palsy due to excessive traction at birth
- $1.5 million for failure to treat bowel leak
- $1.5 million Settlement For Failure to Properly Evaluate Coronary Artery Disease
- $1.5 million Settlement For Negligent Surgical Care
- $1.4 million settlement for brain injured child
- $1.4 million verdict plus interest for death caused by administration of too much fluid
- $1.3 million settlement for death of psychiatric patient
- $1.25 million settlement for strep infection spreading to spine
- $1.2 million for death from cervical cancer
- $1.2 million settlement for death of sleeping hospital patient
- $1.2 million verdict for death of newborn infant
- $1.1 million settlement for failure to recognize newborn infection
- $1 million for office misfiling of lab test
- $1 million settlement for brain injury after routine D&C
- $1 million settlement for complications of cardiac catheterization
- $1 million settlement for death from thrombocytopenia
- $1 million verdict for construction worker’s back injury
- $1 million settlement for failure to prevent suicide where physician altered medical records
- $1 million Settlement For Primary Care Physician’s Failure To Order A Colonoscopy
- $998,000 Settlement For Failure to Treat Skin Cancer
- $900,000 settlement for failure to report abnormal CT results
- $890,000 Settlement For Failure to Treat Post-Delivery Hemorrhage
- $800,000 verdict plus interest for closed head injury
- $750,000 settlement for developmental delays in second twin
- $750,000 Settlement During Trial For Failure To Diagnose And Treat Stroke In An 85 Year Old Woman
- $750,000 settlement during trial pursuant to a high – low agreement – Cervical Cancer
- $750,000 settlement for death in retirement community
- $600,000 settlement for death of autistic boy
- $500,000 Settlement For Failure to Diagnose Prostate Cancer
- $500,000 settlement for failure to follow medication order
- $500,000 Settlement For Failure to Manage
- $500,000 Settlement For Failure to Secure A Psychiatric Patient Resulting In Suicide
- $300,000 Settlement For Broken Ankle During A Work Team Building Event
$39.7 million verdict plus interest for birth injury
A Boston jury awarded $26.5 million to a young boy who suffered profound brain damage due to a lack of oxygen during his labor. Fetal testing before admission had been entirely normal, and the mother was admitted for induction of labor due to worsening hypertension. The fetal heart tracings were normal on admission, but over the next 24 hours showed increasingly worrisome abnormalities. When he was finally delivered by a different obstetrician several hours later, he was severely depressed and had Apgar scores of 6 and 7. He developed apnea and seizures in the neonatal intensive care nursery and a CT scan the day after birth showed extensive brain swelling. At the time of trial, the boy was 10 years old, and had been diagnosed with severe cerebral palsy. He is legally blind, fed through a tube, cannot talk, and has minimal voluntary movements. He requires total care, which is provided by his parents.
After two and a half days of deliberation, the jury found the two residents liable for the child’s brain injury. The jury awarded a total of $26.5 million, including $9.5 million for pain and suffering, $2 million for loss of earning capacity, and $15 million for future medical expenses. The award, which stands as the largest malpractice verdict in Massachusetts, totaled approximately $39.7 million with interest.
$9 million Settlement For Failure to Diagnose Impending Stroke
A 40-year-old man who requires cannot speak and requires 24-hour care will receive a $9,000,000 settlement to help pay his medical expenses over his remaining lifetime. The man went to the emergency department on a Saturday afternoon complaining of vague neurologic symptoms, including numbness, difficulty swallowing, and slurred speech. He was admitted to the hospital, where he remained with intermittent symptoms over the next five days. He was seen by multiple doctors, who failed to pursue a diagnosis of stroke and eventually decided that the man had a psychosomatic illness. Several brain imaging studies were read as negative, although they showed signs of vertebral artery occlusion. Eventually, the man lost consciousness and stopped breathing, at which time a diagnosis of vertebrobasilar stroke was made. He survived, but suffers from “locked-in” syndrome, which leaves him with normal cognitive function, but quadriplegic and unable to eat or speak. There was a serious medical dispute about whether the stroke could have been successfully treated, even if diagnosed earlier.
$7.5 million verdict plus interest for delay in diagnosing bladder cancer
A Cambridge jury awarded $7.5 million, including interest, to a 48-year-old man who lost his bladder and developed impotence as a result of delay in the diagnosis of his bladder cancer. The man had been seeing a urologist for more than a year for problems with urinary frequency, burning and discharge. Repeated treatment with antibiotics would reduce his symptoms, but not eliminate them. The urologist never performed any diagnostic testing to check for cancer. The man eventually sought a second opinion from another urologist, who immediately diagnosed advanced bladder cancer. Treatment was surgical removal of the bladder, and the man must now catheterize himself several times daily to eliminate urine. He has suffered embarrassing leakage around the catheter site, problems with sexual function, and may require dialysis in the future.
$7.2 million verdict plus interest for brain-injured child
An Essex County jury has awarded a verdict of $7.2 million, including interest, to a severely brain-damaged seven-year-old North Shore girl and her parents. The girl’s mother entered the hospital shortly after midnight, in labor with her third child. The defendant obstetrician was informed by the nurse on duty of abnormalities in the baby’s heart rate and meconium in the amniotic fluid, both suggestive of a baby in distress. He declined to come to the hospital, and in fact, ordered the heart monitor removed. When he finally saw the patient at 7 a.m., the baby’s condition had significantly deteriorated. He failed to respond to continued signs of distress, and turned the mother’s care over to a covering physician. The covering physician ordered testing to confirm the distress, and then delivered the baby by emergency Cesarean section. By that time, the girl had suffered severe brain damage due to lack of oxygen. She suffers from a seizure disorder, requires tube feeding, and has the mental and physical abilities of an infant.
$5 million settlement for paralysis and death
After four days of jury selection, Crowe & Mulvey, LLP negotiated a settlement of $5 million for the family of a 76-year-old physician who was paralyzed after complicated two-stage spinal surgery. Multiple defendants, including the orthopedic surgeon, the anesthesia team, and the neuromonitoring company, all contributed to the settlement. The claim alleged that the patient’s blood pressure had dropped to dangerous levels for prolonged periods during the surgery, and that the surgeon and anesthesia teams had failed to correct the blood pressure. The claim further alleged that the neuromonitoring company used improper monitoring modalities, and therefore failed to recognize the impending paralysis. The patient died approximately two years later of renal failure. He left his wife of 40 years and two adult sons.
$5 million Settlement for Nurses’ failure to diagnose And Treat Preeclampsia
The family of a young boy with severe cerebral palsy will receive $5,000,000 settlement to help cover the cost of his medical care. The boy’s mother arrived at the hospital early one morning with chest pain, a headache, and vomiting, classic signs of pre-eclampsia. A fetal monitor strip showed a concerning pattern, raising questions about the baby’s well-being. Due to a shift change, the nurses did not take the mother’s blood pressure for more than an hour after her arrival. When the mother’s blood pressure was finally taken, it was severely elevated. The mother was taken for an emergency Cesarean section, but the baby had already suffered a brain injury due to a lack of oxygen. One of the nurses claimed that she had attempted to take the mother’s blood pressure, but that the machine was not working. Crowe & Mulvey, LLP successfully obtained maintenance and repair records to demonstrate the falsity of this claim, and the availability of numerous other blood pressure machines. The case settled approximately one month before trial for $5,000,000.
$4.7 million arbitration award for brain injury
The family of a young girl who suffers from global developmental delays has received $4.77 million, the full amount of the available insurance coverage, to help pay the costs of her education and care. The girl’s mother was pregnant for the second time, after her son had been delivered by Cesarean section for failure to progress in labor. As the labor progressed, the baby began to show signs of fetal distress. The attending obstetrician allowed the labor to continue, anticipating an imminent vaginal delivery. The family claimed that the defendant obstetrician, who had not treated the mother prenatally, did not realize that the first delivery had been by Cesarean section, and expected that this labor would go rapidly, especially because the baby was premature. When the obstetrician finally ordered a Cesarean section, she asked for spinal anesthesia, which was ineffective, and had to be converted to general anesthesia, causing additional delay. The baby was born severely asphyxiated and suffers mental and physical disabilities. The parties agreed to try the liability issues only to an arbitrator, who decided in favor of the family. The parties had agreed that, in the event of a liability finding, the plaintiff would receive the entire remaining amount of the wasting insurance policy coverage, which was approximately $4.77 million.
$4.4 million settlement for brain injured child
The family of a 6-year-old Springfield boy has received $4.4 million in settlement of its claims against the obstetric staff who managed the child’s delivery. The staff failed to respond to escalating signs of fetal distress during labor and delivery, resulting in severe oxygen deprivation. This continued for several hours, before another physician arrived and decided that an emergency Cesarean section was necessary. The baby suffered a brain hemorrhage and swelling, which caused permanent neurologic impairments. The boy lives at home with the aid of a ventilator and a tracheostomy.
$3.6 million settlement for brain damaged child
A six-year-old New Hampshire girl will receive $3.6 million to pay for medical care she will need as a result of a brain injury she suffered at the time of delivery. During her mother’s labor, the hospital nurses repeatedly questioned whether the infant was receiving adequate oxygen, but the obstetric staff ignored their concerns about fetal distress. When the baby was born several hours later, she was severely asphyxiated. She now suffers from severe developmental delays, and functions at the level of an infant. The case was settled at mediation before any depositions were taken.
$3.6 million verdict plus interest for delay in diagnosing breast cancer
A Boston jury awarded $3.6 million to the family of a 54-year-old woman who died following a two-year delay in the diagnosis of her breast cancer. For more than two years, the woman’s gynecologist had dismissed a thickened area in her breast as benign fibrocystic disease. Despite the palpable abnormality in her breast, he relied on a negative mammogram—which has a known error rate of 10-20%–to rule out breast cancer. By the time the mass was finally biopsied, the cancer had become incurable, spreading to the woman’s lungs and brain. She left a husband and five children.
$3.25 million settlement for misdiagnosis of head trauma
The family of a 15-year-old Springfield boy received a settlement of $3.25 million from an emergency room doctor and nurse who failed to recognize that he had suffered serious head trauma. The boy’s parents brought him to the emergency room after he had been attacked by some other boys on the street. They reported to the nurse that their son had a clotting disorder, but the nurses did not convey this information to the doctor. Despite complaints of headache, fatigue and vomiting that should have alerted the staff to a possible head injury, no brain imaging studies were done. The boy was discharged with instructions to see his dentist for injuries to his teeth. He later collapsed and become unresponsive at home, and a brain bleed was diagnosed. He suffered permanent neurologic disabilities.
$3 million settlement plus payment of $900,000 lien
A disabled woman and her family will receive $3,000,000 from doctors who failed to treat her brain bleed. The woman, then 42 years old, suffered a hemorrhagic stroke during the delivery of her first child. She remained hospitalized for observation, with a plan to insert a drain if her condition worsened. She initially did well, and her motor deficits were improving, but she then began to have episodes of decreased consciousness and loss of function. The plan to insert the drain was not followed, and she became unresponsive. Emergency surgery was performed to drain the blood from her brain, but she was left with significant cognitive and physical deficits. The insurer agreed to pay the family $3,000,000, and additionally assumed responsibility for Medicaid and Medicare liens totaling almost $900,000.
$2.7 million verdict plus interest for arm injury due to excessive traction at birth
A Manchester jury returned a verdict of $2.7 million against a local obstetrician who was found to have caused a permanent arm injury during a delivery. When the infant’s shoulder became impacted and failed to deliver, the obstetrician used excessive force to pull the shoulder free, damaging nerves that control the arm and hand. The boy, who was five at the time of trial, was unable to rotate his wrist, and had poor fine motor control of the affected hand, making him unable to manipulate small objects. The limited motion of the arm also affected his balance, causing frequent falls.
$2.5 million settlement for misdiagnosis of arachnoid cyst
A man who suffers from cognitive and behavioral disabilities has received a $1.25 million settlement from doctors who failed to diagnose a cyst in his head for nearly two years. The man was in his early 40s when started to notice memory loss, which he reported to his primary care doctor. A radiologist interpreted his CT scan as showing a cavum septum pellucidum, but reported that it was a normal congenital variant. The man’s memory continued to deteriorate over the next two years, until finally a memory disorder specialist ordered further brain imaging, which identified a large arachnoid cyst. The cyst was drained, but it had caused permanent damage to the surrounding structure. The man suffers from seizures, profound cognitive impairment, and bowel incontinence related to necessary seizure medications
$2.5 million settlement for untreated post-operative infection
The wife and adult daughter of a 48-year-old man who died followed surgery for invasive bladder cancer will receive a settlement of $2.5 million. The man developed a post-operative c. difficile infection, which progressed over the course of four days to toxic megacolon and then death. The development of the infection was facilitated because the attending surgeon improperly administered prophylactic antibiotics beyond 24 hours after surgery, in violation of published guidelines. Once the infection began to develop, multiple doctors failed to order a diagnostic stool test, despite clinical symptoms, CT scan findings suggestive of infectious colitis, and one physician’s stated request for stool test. The defendants claimed that this was a fulminant strain of c. difficile, which would have been fatal in any event. The case had previously been reviewed and rejected by another Boston firm.
$2.4 million settlement for brain injured child
A 5-year-old boy who is unable to walk, talk or sit by himself has received a $2.4 million settlement from the obstetrician who failed to respond to abnormal testing during his mother’s pregnancy. The boy’s mother, who was a patient at a local HMO, called the HMO to report a decrease in fetal movement. She was told to come to the hospital for non-stress testing, which showed abnormalities. The defendant discharged her after the testing, without ordering further testing or delivering the baby. The next day, when the mother returned for a regularly scheduled ultrasound, the baby’s condition had deteriorated significantly, and he was delivered by emergency Cesarean section. He suffered permanent neurologic injuries due to the delay in delivering him after the abnormal test results
$2.4 million settlement for failure to diagnose post-Cesarean infection
A 24-year-old North Shore woman who suffered the loss of most of her intestines settled her claims against four doctors for $2.4 million. The woman developed a post-operative infection after delivering her first child by Cesarean section. The infection was not diagnosed until ten days later, when it had spread to her blood stream and caused respiratory failure. Treatment of the widespread infection required surgery to remove her reproductive organs and most of her intestines, leaving her unable to digest food. She will require permanent hyperalimentation, a method of delivering nutrients intravenously through a catheter inserted in her chest.
$2.4 million verdict plus interest for Erbs palsy due to excessive traction at birth
A Rockingham County jury awarded $2.4 million to a 6-year-old boy who lost significant use of his right arm and shoulder due to excessive traction by the obstetrician at the time of his birth. The boy suffers from Erbs palsy, a permanent nerve injury to the brachial plexus, which makes him unable to raise his arm above his shoulder. The award included more than $1 million for loss of earning capacity, based on future limitations of his career choices resulting from his physical limitations.
$2.25 million settlement for birth injury
Crowe & Mulvey, LLP negotiated a $2.25 million settlement for a young girl who suffered brain damage as a result of a lack of oxygen during labor and delivery. The mother’s labor had been stimulated with Pitocin, which resulted in fetal distress. After many hours of distress, the obstetrician first attempted a vacuum extraction, but was unsuccessful, and finally decided to perform a cesarean section. By the time they reached the operating room, the baby’s heart fate had fallen to 80 beats per minute. The anesthesia administered was inadequate for the planned Cesarean section, and there was an additional delay while adequate pain relief for the mother was achieved. The infant was born one hour after the decision was made to perform a cesarean delivery. By that time, she was not breathing, and her heart rate was 60. She required resuscitation. Her Apgar scores were 4 at one minute and 7 at five minutes, and had a low cord blood gas, indicating lack of oxygen. She was diagnosed as having suffered a hypoxic ischemic injury to her brain.
$2.25 million verdict plus interest for death of hospitalized patient from dehydration
A Providence jury found in favor of the widow of a 66-year-old Rhode Island man, who died in a hospital after becoming progressively dehydrated and developing systemic organ failure. The man, who was disabled from rheumatoid arthritis, had been admitted to the hospital with knee pain. As the man’s overall condition steadily declined, the attending orthopedic doctor intended to transfer the patient’s care to a more appropriate medical specialist, but did not do so for several days. Instead, very little treatment and monitoring was provided. Within a week of admission, the man developed kidney failure and systemic infection, lapsed into a coma, and died three days later. He and his wife had been married for 42 years.
The award, which included $1,750,000 to the wife and $250,000 for the deceased husband’s pain and suffering, was the largest personal injury award in the state for that year. The case was settled after trial for $2,250,000, which included accrued interest on the verdict.
$2.2 million settlement
A five-year-old Attleboro girl who suffered a closed head injury when her car-seat latch opened in an auto accident was been awarded $2.2 million by a Bristol County jury. The girl was thrown from her car seat in a low-speed collision when the latch, and required surgery to implant a permanent drainage tube in her skull. The car seat had been the subject of 129 consumer complaints before the accident, but the company had failed to recall the model or provide a warning sticker that would indicate when the latch was securely fastened. The company later discontinued the model.
$2.2 million settlement for partial amputations of hands and feet
The insurance carriers for an attending physician and the resident she was supposed to be supervising have paid $2.2 million, the full amount of coverage available, to a Boston girl who lost portions of her hands and feet as a result of an improper blood transfusion. The child, who was eleven months old at the time of treatment, entered the hospital for drainage of an abscess on her neck. Because she had sickle cell anemia, it was anticipated that she would need a transfusion of extra red cells before the surgery. The first-year resident, who had never done this type of transfusion, called the attending physician at home to ask how to do it. The attending told the resident to look in a handbook for the formula, and the resident, attempting to follow these directions, chose and used the wrong formula, resulting in a drainage of 80% of the baby’s blood from her body. She suffered tissue damage to her extremities as a result of lack of blood flow, and required multiple amputations.
$2 million Settlement for brain Injured Adult Following Out-Patient Surgery
A 37-year-old mother will receive $2 million as compensation for a brain injury suffered during out-patient surgery to treat her recurrent sinus infections. During the procedure, the woman’s blood pressure began to rise, and was treated with three successive doses of Labetalol. Crowe & Mulvey, LLP discovered that the anesthesiologist did not record any of the woman’s vital signs for eighteen minutes after he gave Labetalol. Immediately following this eighteen minute period, the medical records revealed that the patient’s blood pressure was too low to be measured, that she was blue, and that her heart had flat-lined. By interviewing nearly a dozen hospital employees, Crowe & Mulvey, LLP learned that a shift change was taking place during this critical period. A code blue was eventually called, and, although the patient was able to be resuscitated, she had already suffered permanent brain damage. The case settled well before trial for $2 million, which was the entire amount of the doctor’s insurance policy.
$2 million Settlement For Failure to Treat Pre-Eclampsia
Crowe & Mulvey, LLP was successful in obtaining a $2 million settlement for the husband of a young woman who died shortly after giving birth. The patient arrived at the hospital in labor with an extremely elevated blood pressure. Lab work suggested that she had pre-eclampsia and possible HELLP syndrome. Unfortunately, the providers stood by while the woman’s blood pressure continued to climb, and she suffered a fatal brain bleed.
$2 Million Settlement For Failure to Recognize Growth Retardation
Crowe & Mulvey, LLP successfully negotiated a $2,000,000 settlement that will provide care for a seven-year-old girl with severe brain damage. The girl’s mother, then 19 years old and expecting her first child, saw a certified nurse midwife for prenatal care. During the pregnancy, the midwife ordered an ultrasound to check the baby’s size, position and amniotic fluid. The midwife never obtained the results of the testing, and failed to realize that the full test had not been performed. In fact, the amount of amniotic fluid was abnormally low, and the baby was suffering from severe growth during the latter part of the pregnancy, which caused her brain injury.
$2 million settlement for worsened birth injury
A young boy whose brain injury was worsened by an obstetrician’s delay in performing a Cesarean section received a $2 million settlement. The infant was already showing signs of distress and possible brain injury when his mother arrived at the hospital. However, the obstetrician’s delay in delivering the boy resulted in an additional hour and a half of distress. Crowe & Mulvey, LLP was prepared to prove that the delay caused additional injury to the boy, whose condition would have been significant better if he had been delivered immediately upon his mother’s arrival at the hospital.
$1.8 million settlement for delayed diagnosis of choriocarcinoma
The daughter of 25-year-old woman who died from choriocarcinoma will receive a $1,800,000 settlement to provide for her care and education. The woman’s doctors failed to follow her hCG hormone levels to insure that they returned to non-pregnancy levels following a miscarriage. As a result, her choriocarcinoma, an unusual but well-known tumor that develops in fetal cells, went undiagnosed until it had reached an advanced and incurable stage.
$1.8 million settlement for urinary infection resulting in premature delivery of twins
The mother of twins, one of whom died shortly after delivery, and the other who suffered developmental delays, has received a $1.8 million settlement from the doctors involved in her care. The mother developed a fistula as a result of improper suture placement at the time of an earlier Cesarean section delivery. After the delivery, she began to leak urine from her bladder through the fistula into the vagina. Multiple physicians failed to investigate or locate the cause of the leakage. When the mother became pregnant again, the leaking urine caused a uterine infection and resulted in premature labor and delivery of twin girls. One of the twins died two weeks later, and the other suffers from cerebral palsy and other medical problems related to her premature birth.
$1.75 million settlement for death due to elevated ammonia level
The wife and two children of a 50-year-old man will received a $1.75 million settlement from doctors who failed to diagnose and treat his elevated ammonia level for three days. The wife brought her husband to the local hospital when he suddenly began acting disoriented and confused. A head CT and lumbar puncture were normal. Despite the man’s progressive disorientation, none of the doctors ordered standard lab tests, including ammonia level, which is a common cause of mental status changes. When the man became unresponsive two days into his hospitalization, an ammonia level was ordered, which showed a dramatically elevated ammonia level. The treatment ordered by the doctor on call was inadequate, and the ammonia level continued to rise. Late the next day, the man was transferred to a Boston hospital, which quickly lowered his ammonia level using aggressive treatment measures. Unfortunately, he had already suffered a brain herniation due to the elevated ammonia, and his family made the decision to withdraw life support. Specialized studies at autopsy revealed that the man was suffering from a very rare condition, which caused his elevated ammonia. Although the physicians’ insurer had refused to make any offer of settlement before trial, the case was settled for $1,750,000 after two weeks of trial.
$1.625 million settlement for burns and death
A man who lost his wife and suffered burns over 20% of his body has received $1.625 million in settlement of his claims. The couple, in their sixties, were staying in a trailer owned by their daughter and her husband. When the wife turned on the propane stove to make breakfast, there was an explosion that engulfed the trailer in flames, killing the woman and severely burning her husband. The claim was that the propane tank had been overfilled, and had leaked gas into the stove and trailer, both of which lacked safety devices which would have prevented and detected the leaks. Proof of the case was difficult because the fire had destroyed much of the physical evidence. The manufacturer of the trailer, the manufacturer of the stove, and the gas station owner who filled the propane tank all contributed to the settlement.
$1.55 million settlement for developmental delays
A Rhode Island boy has received a settlement of $1.55 million for injuries he suffered as a result of oxygen deprivation at birth. The boy’s mother entered in the hospital in premature labor at 30 weeks’ gestation. Although this was a high-risk delivery, she was treated mostly by obstetric residents.. The baby began to exhibit signs of reduced oxygenation. After some delay in recognizing the signs, the doctors performed a difficult mid-forceps delivery, further injuring the baby’s brain, instead of a Cesarean section delivery. The boy, who was 9 years old at the time of settlement, walks with a pronounced limp and has severe learning disabilities.
$1.5 million for family of pregnant woman who died from chicken pox
The four children of a 31-year-old woman who died after delivering the youngest of them will share a $1.5 million settlement from two doctors who failed to diagnose and treat their mother’s chicken pox. The woman was pregnant with her fourth child when she was exposed to chicken pox. The obstetrician and the infectious disease specialist he consulted failed to determine whether she was immune to the infection or to administer medication to prevent her from developing a serious case of the virus. She went on to develop varicella pneumonia, a severe complication of chicken pox that sometimes occurs during pregnancy, and died of respiratory failure.
$1.5 million settlement for delay in diagnosing breast cancer
A 46-year-old woman and her family received a settlement of $1.5 million from two doctors who failed to diagnose her breast cancer at a curable stage. The woman went to see her gynecologist about a lump she had found in her breast. Despite ultrasound findings documenting solid densities, suggestive of cancer, the defendant doctor never biopsied the lump to rule out malignancy. When she transferred her care to a second gynecologist, she was sent to see a surgeon, who decided against a biopsy of the continuing breast mass. A year later, the woman was diagnosed with metastatic breast cancer, and her prognosis at the time of settlement was poor.
$1.5 million settlement for delay in diagnosing stroke
A 41-year-old woman has received a $1.5 million settlement from two doctors who failed to diagnose an impending stroke. The woman had come to the emergency room complaining of facial weakness, drooling, and tingling in her thumb. The defendant radiologist reporting her MRI as showing findings consistent with multiple sclerosis, but neglected to mention findings suggestive of blocked carotid arteries. The defendant neurologist followed the woman in his office for approximately six weeks, noting progressive left-sided weakness. She was eventually found unresponsive at home and diagnosed as having had a carotid artery stroke. She regained full mental function, but has significant physical disabilities, and was unable to live alone. The case was settled during the third week of trial.
$1.5 million settlement for failure to act on blood test results
A doctor who failed to hospitalize a 52-year-old man whose blood test results showed a life-threatening infection has paid $1.5 million to the the man’s wife and three young children. The doctor denied being aware of the man’s severely elevated white blood cell count until after he was taken to another hospital, where he died of the infection, and testified that, had he been aware of the result, he would have hospitalized the man immediately. Crowe & Mulvey, LLP successfully uncovered evidence to show that a doctor had accessed the test results on his office computer much earlierthtan he claimed, and told the man that it was “probably a virus.” The defendant claimed that, even if he had sent the man directly to the hospital, the infection had progressed beyond treatment, and that the man had a severely reduced life expectancy because of his history of lymphoma.
$1.5 million verdict plus interest for Erbs palsy due to excessive traction at birth
A Suffolk Country jury returned a $1.5 million verdict, including interest, to compensate three-year-old girl who suffered a serious arm injury during her birth. The girl, who weighed more than ten pounds at birth, became stuck as she proceeded down the birth canal. Instead of delivering the infant by Cesarean section, the obstetricians administered a drug to force labor, and then completed the delivery with traction on the baby’s head. The result was a permanent brachial plexus injury, which limited the girl’s ability to use her arm, and caused the arm to be cosmetically deformed.
$1.5 million for failure to treat bowel leak
The family of a 73-year-old man received a $1,500,000 settlement from doctors who failed to diagnose and treat his bowel leak after surgery. The man had surgery to remove a nodule from his bowel, which turned out to be benign. However post-operatively, the man developed an ileus and a bowel obstruction. He developed multiple progressive symptoms, including abnormal radiology findings, swelling, fever and rapid heart rate. He became septic and went into renal failure. The leak was not diagnosed for three weeks. Eventually the man died from multi-system organ failure. The case was settled following the first day of the surgeon’s deposition.
$1.5 million Settlement For Failure to Properly Evaluate Coronary Artery Disease
The wife and thirteen-year-old daughter of a 50-year-old New Hampshire man received a $1,500,000 settlement after he died of a heart attack due to severe coronary artery disease. The man appeared extraordinarily healthy and exercised vigorously on a daily basis, but had occasionally noticed some burning in his chest along with nausea. His primary care physician obtained an EKG which showed evidence of a possible prior heart attack, and referred the man to a cardiologist for further management. The cardiologist obtained a stress EKG and a nuclear stress test which both showed evidence of ischemia or narrowing of his main arteries. The cardiologist, who was going on vacation, decided to wait until the patient’s next office visit to inform the patients of the result and to schedule further testing. The man died of a sudden heart attack before that next appointment.
$1.5 million Settlement For Negligent Surgical Care
A 52-year-old man who suffered a crush injury because he was kept in a prone position during a nine-hour kidney stone surgery will receive $1,500,000 as compensation. The man, who was admittedly obese, was improperly positioned, and remained so during the excessively long surgery. After the surgery, he developed rhabdomyolosis, kidney failure and spinal nerve injury. He suffered bilateral lower extremity paralysis and required a long period of rehabilitation. Today, his left leg remains impaired and he uses a walker.
$1.4 million settlement for brain injured child
The family of a four-year-old New Hampshire boy has received a $1.4 million settlement to help provide care the boy needs as a result of a brain injury suffered a birth. The boy’s mother had called the defendant obstetrician’s office to report that she had not felt the baby move since the previous day, a potential warning sign of problems with the baby. She was told to keep her appointment the next day. When she did so, the defendant doctor failed to order testing to determine whether the baby was in distress. She was seen again the next day, and again the doctor ordered no testing. Four days after the mother’s initial complaint, the doctor ordered non-stress testing, which showed serious abnormalities in the baby’s heart rate. The infant was delivered by Cesarean section, but had suffered a brain injury due to lack of oxygen. He was significant mental and physical delays, and had to have his right forearm amputated because of the lack of blood flow to the limb
$1.4 million verdict plus interest for death caused by administration of too much fluid
A Boston jury awarded $1.4 million to the husband and son of a 54-year-old woman who died about twelve hours after being given too much intravenous fluid and blood products. The defendant doctors were treating the woman’s chronic anemia by giving her blood transfusions, but failed to recognize that her kidney condition made her unable to tolerate such a large quantity of fluids. The plaintiff alleged that the defendants should have used blood products containing less water. The couple had come to the United States from Shanghai several years earlier. Their only child, a son, had been unable to get a visa to visit his parents until after his mother died, when he was permitted to come for her funeral. The jury awarded $800,000 to the surviving husband and the son, which totaled $1.4 million with interest.
$1.3 million settlement for death of psychiatric patient
The children of a woman who died while an in-patient at a psychiatric hospital will receive $1,300,000 from the hospital. The 41-year-old woman had a long history of mental illness, drug abuse, and prostitution charges, and was involuntarily admitted to the facility. She was medicated pursuant to a Rogers petition, and was largely nonverbal. A staff worker who was supposed to check on her every 15 minutes ignored his responsibilities, while falsely documenting that he had done the checks. The facility’s videotape showed that the worker had walked by her room on several occasions without performing the checks, and had delayed in notifying his supervisors after noticing a problem. Eventually, the woman was found unresponsive in her bed, and could not be resuscitated. Because the woman’s children had been removed from her custody by the Department of Social Services, much of the case was pursued on a theory of gross negligence to avoid a focus on her shortcomings as a parent.
$1.25 million settlement for strep infection spreading to spine
An 18-year-old girl, left unable to walk when she was 9 years old, has received a $1.25 million settlement from doctors who failed to follow up on a throat culture that showed strep infection. The girl’s mother took her to the hospital emergency room complaining of a sore throat. A throat culture showed strep, but was misfiled, and not reported to the family. A week later, the girl woke up and was unable to walk. Her mother took her back to the emergency room, where it took the physicians all day to make the diagnosis of a spinal abscess, an infection that had entered the bloodstream and spread from the strep throat. She underwent emergency surgery to drain the abscess. With hard work and extensive physical therapy, she recovered some function in her legs, and now walks with crutches.
$1.2 million for death from cervical cancer
The family of a 37-year-old woman who died from cervical cancer has received a $1.2 million settlement from the laboratory technicians who incorrectly reported the results of her Pap smears. The woman had regular Pap smears in two successive years, which were read by technicians, not pathologists, in accordance with the hospital’s standard practice. The first technician failed to recognize and report the presence of abnormal, pre-cancerous cells, while the second technician a year later did not realize that the smear wad inadequate to make a diagnosis. As a result, there was a two-and-a-half-year delay in the diagnosis of her cervical cancer, by which time this very curable disease had become incurable. She died shortly after her diagnosis, leaving her husband and a young daughter.
$1.2 million settlement for death of sleeping hospital patient
Three adult daughters will share a $1.2 million settlement paid as a result of the death of their 60-year-old father following bilateral knee replacements. The surgery was uneventful, and he was medicated for post-operative pain. The man had sleep apnea, and used a CPAP machine while sleeping. He brought the machine with him to the hospital when he was admitted for his surgery, but the doctor failed to order its use, and it sat idle on a shelf above his bed. On the second night after surgery, the man was found unresponsive in bed, and could not be resuscitated. The plaintiff claimed that the pain medications depressed the man’s breathing and heart rate, a dangerous condition in a sleep apnea patient. He should have received continuous oxygen monitoring and had an order written to permit use of his CPAP machine in the hospital.
$1.2 million verdict for death of newborn infant
A Plymouth County jury awarded a verdict of $1.2 million, including interest, to a woman whose three-day-old infant died of complications related to delivery. She had been admitted to the hospital in the early evening for the planned Cesarean section delivery of her fourth child the next morning. Despite multiple warning signs that the baby was in distress throughout the night, the obstetrician decided to wait until the regularly scheduled morning surgery to deliver the baby. By that time, the baby girl had suffered complications due to lack of oxygen and aspiration of meconium into her lungs. She died of respiratory failure three days later.
$1.1 million settlement for failure to recognize newborn infection
The family of a young boy who suffers from developmental delays received a $1,100,000 settlement from health care providers who were involved in his delivery. The baby’s mother developed a severe infection during her prolonged labor, and neither she nor her baby were properly treated for the infection. The doctors claimed that the boy had suffered a stroke in utero, and that he had a genetic abnormality that was responsible for his delays.
$1 million for office misfiling of lab test
The family of a 42-year-old man has received a settlement of $1 million—the defendant doctor’s entire insurance policy—as a result of his preventable death from colon cancer. The man had routine stool testing which was as showing microscopic blood—a potential sign of colon cancer. The result was returned to his physician, who filed it away and neglected to report the abnormality to the patient for more than six months. When complaints of abdominal pain and diarrhea finally brought the patient to another doctor, the report finally surfaced, but the cancer had spread to an advanced stage and become incurable. He left a wife and two young children.
$1 million settlement for brain injury after routine D&C
A 60-year-old woman who suffered a serious brain injury after a routine D&C has received a settlement of $1 million, the full amount of the anesthesiologist’s insurance coverage. Before the surgery, the anesthesiologist recorded that the patient had a short, thick neck, which sometimes makes it more difficult to place a breathing tube for anesthesia. In fact, after he administered the initial anesthesia drugs, which sedate and paralyze the patient, the anesthesiologist was unable to intubate the patient. The woman was without adequate oxygen nearly 20 minutes before an adequate airway was finally created by tracheostomy. At the time of settlement, she remained in a coma and required full custodial care.
$1 million settlement for complications of cardiac catheterization
A man who suffered bladder and bowel damage, along with mild cognitive difficulties, has settled his claims for $1 million against the cardiologist who performed a cardiac catheterization without checking his anticoagulation levels. During the procedure, the man suffered a blood clot, which resulted in a cardiac arrest and the need for an intra-balloon pump, intubation, temporary pacemaker and a prolonged CCU hospitalization. Crowe & Mulvey, LLP was prepared to prove that the man’s anticoagulation was inadequate, and that he should have been given heparin before the catheterization, which would have prevented clotting. He suffers permanent neurological damages consisting of bladder and bowel difficulties as well as difficulty with gait and memory loss.
$1 million settlement for death from thrombocytopenia
The family of a 41-year-old woman who died from an abnormal bleeding condition, thrombocytopenia, has received a $1 million settlement from her doctors. The woman, who had a history of anemia, had repeated low red blood cell counts over a period of nearly one year. The doctors following her were aware of these low counts, but never blood filtering treatment, which would have stopped the on-going destruction of red blood cells in her system. As a result of the untreated bleeding disorder, she suffered multiple hemorrhages and clots, which led to her death. She left a husband and an adult son.
$1 million verdict for construction worker’s back injury
A Middlesex County jury awarded $1,000,000 plus interest to compensate a 54-year-old ironworker for back injuries he suffered when fell from a steel frame that collapsed. A subcontractor on the site had placed several bundles of wire mesh on the second floor of the steel beams, which had not yet been secured in place. While the ironworker was laying plywood in preparation for the next stage of construction, the girders collapsed and he fell ten feet to the ground. He suffered a back injury which could not be treated surgically, and was unable to continue his career as an ironworker, the only job he had ever held. The trial took an unexpected turn when the construction company produced a last-minute witness who testified that he had placed the wire mesh on the frame immediately before the accident, and that the company was unaware of his action. Crowe & Mulvey, LLP successfully impeached the testimony of this surprise witness by locating a company document proving the man was not on the work site when he claimed to have placed the mesh.
$1 million settlement for failure to prevent suicide where physician altered medical records
The husband and son of a 45-year-old woman who killed herself with a large knife will receive $1,000,000 from the family physician who was treating her for anxiety and depression. In the months leading up to the suicide, the physician had prescribed a series of poorly-chosen antidepressants, unaccompanied by other medications necessary to stabilize the patient to give the antidepressants time to work.
After Crowe & Mulvey, LLP requested the decedent’s medical record, the defendant made several hundred alterations to the electronic record over the course of two days before the record was produced. When we questioned the authenticity of the record, defense counsel responded with assurances that the defendant had not changed the record. At her deposition, the defendant also denied making any changes to the record. Crowe & Mulvey, LLP successfully uncovered electronic evidence of the changes, prompting settlement of the case.
$1 million Settlement For Primary Care Physician’s Failure To Order A Colonoscopy
The family of a 69-year-old man will received $1,000,000 paid by his primary care physician, who failed to recommend a colonoscopy. The family claimed that a colonoscopy was warranted for the man, who had a positive family history for colon cancer, documented bowel pattern disturbances, and no recent other cancer screening. Although the doctor’s records documented a recommendation for colonoscopy, Crowe & Mulvey, LLP was prepared to present evidence that the doctor had falsified his records after receiving the firm’s request for medical records. Coincidentally, the record request arrived in the doctor’s office just a few weeks after Crowe & Mulvey, LLP successfully settled another significant claim against him.
$998,000 Settlement For Failure to Treat Skin Cancer
The two adult daughter of a 64-year-old man who died from untreated squamous cell carcinoma will receive a $998,000 settlement. The family believed that the man had told his primary care doctor about his skin lesion on several occasions, but there was no confirmation of this fact in the medical records. Crowe & Mulvey, LLP successfully located multiple witnesses, including family, neighbors, and another treating doctor, to substantiate the family’s claims, even though the doctor continued to deny that he was aware of the lesion. Squamous cell skin cancer, when diagnosed and treated before the lesion has extended beyond the local site has a 95% cure rate, and the man’s death was directly related to the two-year delay in diagnosis.
$900,000 settlement for failure to report abnormal CT results
A 81-year-old woman had an abdominal CT to evaluate back pain after an aortogram pf her left leg. The CT was reported as being concerning for a possible malignancy in the right lung. No one told the woman or followed up on this abnormal finding. Approximately one year later, another CT was ordered, and the woman was diagnosed with stage IV lung cancer. The case was brought against the nurse practitioner who ordered the abdominal CT. The defense argued that the short delay in diagnosis did not alter the prognosis for this advanced cancer, and noted that the woman was elderly, in extremely poor health with progressive COPD, and had been homebound for many years. The case settled during discovery for $900,000.
$890,000 Settlement For Failure to Treat Post-Delivery Hemorrhage
The husband and son of a young woman who suffered a fatal hemorrhage three days after delivery will receive $890,000 as a result of a mediated settlement. The woman was seen at home by a visiting nurse, and spoke by telephone to her midwifery practice regarding her heavy bleeding. The providers offered her the opportunity to treat the bleeding with a prescription instead of advising her to come to the hospital that night. When she finally arrived at the hospital in the morning, she was in shock and reluctant to accept treatment. Emergency surgery failed to stop the bleeding, and she died of DIC (disseminated intravascular coagulation), a bleeding disorder.
$800,000 verdict plus interest for closed head injury
A federal court jury in Worcester has awarded $800,000 to a construction worker who suffered a closed head injury when he was struck by a steel reinforcing rod that was thrown up at him by the machine he was operating. The 33-year-old worker was using a concrete cutter to demolish a bridge, when the steel-toothed cutting wheel became caught on some of the steel bars underneath the road surface. One of the rods was snapped back toward the operator, who was sitting on an open seat near the front of the machine. The jury found that the machine was defectively designed in that it failed to provide a steel safety enclosure for the operator. The manufacturer had tested and investigated this type of cage, but had felt it was too expensive. The case was difficult to prove, as there were no witnesses to the accident, and the worker himself had no memory of the events surrounding his injury. Crowe & Mulvey, LLP successfully reconstructed the events based on the physical evidence in sufficient detail to establish the manufacturer’s liability.
$750,000 settlement for developmental delays in second twin
A New Hampshire boy who was the second of twins delivered prematurely at 29 weeks has received a $750,000 settlement to pay for the costs of his future care. The twins’ mother was admitted to the hospital in premature labor. The obstetrical staff ignored the mother’s complaints of contractions, and failed to recognize that delivery was imminent. Because delivery was imminent, the second twin, who was in a breech presentation, was delivered by a traumatic vaginal delivery because there was insufficient time to arrange a Cesarean section. The obstetrical staff maintained that they did not want to examine the mother because of the risk of infection, and that it was an appropriate medical judgment to perform a vaginal delivery.
$750,000 Settlement During Trial For Failure To Diagnose And Treat Stroke In An 85 Year Old Woman
An 85-year-old woman suddenly became non-communicative while being transported from a rehabilitation facility to a Boston hospital for an orthopedic follow-up appointment regarding her broken wrist. There was a dispute between the chair car driver, who claimed that he conveyed this change to the staff in the doctor’s office, and the doctor and his receptionist, who denied any knowledge of a change. The doctor, who had never met the patient before and had no idea what her baseline status was, examined her wrist, assumed that her inability to speak was a longstanding problem, and returned her to the rehabilitation facility. When she arrived back at the rehabilitation hospital, the staff immediately called an ambulance, but the patient had suffered a stroke and was now outside the window for thrombolytic (clot-busting) treatment. Crowe & Mulvey, LLP negotiated a $750,000 settlement for the family just before closing arguments in the trial.
$750,000 settlement during trial pursuant to a high – low agreement – Cervical Cancer
A woman had her Pap smear interpreted by a cytotechnologist and pathologist as “Negative for Intraepithelial Lesion or Malignancy.” Her next Pap smear was two years later. The Pap smear that day was reported as “Epithelial Cell Abnormality: Squamous Cell Carcinoma.” Further workup revealed Stage IVb cervical cancer, invasive and in-situ, with lymph node involvement. In spite of aggressive chemotherapy, the patient died the following year. She was survived by a husband and three children. The case was tried to verdict. During trial, the parties agreed to a high-low agreement. There was a defense verdict and the Plaintiff received the low of the high low agreement, which was $750,000.
$750,000 settlement for death in retirement community
A local retirement community has agreed to pay $750,000 to the family of an 83-year-old resident who died of a brain hemorrhage after the community staff failed to respond to her emergency alarm. The resident had activated her alarm earlier in the evening, and had been normal when checked by the staff. When the alarm was activated later that evening, the staff decided that it must not have been reset, and did not respond until the following morning. At that time, the resident was found conscious but uncommunicative on her bathroom floor. She became unresponsive en route to the hospital, and died two weeks later of a massive brain bleed. The staff did not contest negligence, but claimed that the brain hemorrhage could not have been treated even if the resident had been found the previous evening.
$600,000 settlement for death of autistic boy
The family of a 9-year-old special needs boy has received $600,000 in settlement of their claims against the residential school where he died. The boy, who suffered from a form of autism, had serious behavioral difficulties, and attended a residential school five days a week. He became unruly and uncontrollable while being walked to a bus for the trip from the classroom to the residence. The staff physically restrained him to control his behavior, and he suddenly stopped breathing and died. The plaintiff claimed that the staff had been improperly trained in the use of physical restraint for autistic children.
$500,000 Settlement For Failure to Diagnose Prostate Cancer
Crowe & Mulvey, LLP negotiated a $500,000 settlement for a 50-year-old man who was not informed of his abnormal PSA test until two years after the fact. During the intervening time, he saw his doctor on several occasions, with no indication in the medical records that the abnormal result was ever discussed. As a result of the delay in diagnosis of his prostate cancer, he suffered metastatic cancer, and faced a premature death. With no family, the client wanted to resolve the case before his death, and was happy to be able to enjoy his remaining time.
$500,000 settlement for failure to follow medication order
The family of a 31-year-old single woman who died from recurrent pulmonary embolism received a $500,000 settlement. The women arrived by ambulance at the emergency room, having briefly lost consciousness. She was lightheaded, pale, and short of breath. Laboratory work showed an elevated D-Dimer result, indicative of a clotting problem. Despite clear signs of pulmonary embolus, there was a delay in evaluating the woman. Even once the presumptive diagnosis was made, there was a delay in institution the ordered anticoagulation therapy. The woman became unresponsive approximately six hours after her arrival, and could not be resuscitated.
$500,000 Settlement For Failure to Manage
The parents of a 31-year-old single woman who died of a pulmonary embolism four hours after arriving at a local emergency department will receive a $500,000 settlement. There were multiple delays including a delay by the doctor in ordering the necessary anticoagulation therapy, and a failure of the nursing staff to carry out the order when it was finally given. The defendants were prepared to prove that the woman would have died even if the anticoalgulation had been administered promptly.
$500,000 Settlement For Failure to Secure A Psychiatric Patient Resulting In Suicide
Crowe & Mulvey, LLP obtained a $500,000 settlement for a case involving a twenty year-old psychiatric patient who committed suicide. The patient was being transferred by ambulance from one medical facility to another. Despite the fact that the patient had previously attempted to commit suicide and had suicidal ideations, the EMTs responsible for his transfer failed to secure him to a gurney. As a result, the patient was allowed to flee and eventually committed suicide.
$300,000 Settlement For Broken Ankle During A Work Team Building Event
A 44-year-old woman was attending her employer’s annual company retreat at a local resort. One of the team-building activities run by the resort staff involved an event called the “spider web” which required participants to move through a rope “spider web” without touching the rope and without using the same opening more than once. As the woman was being passed through an opening by her team, she fell and broke her ankle upon hitting the ground. The event was carelessly set up, carelessly supervised, and the spider web was taken down before it could be photographed or preserved in some other way. The resort staff attempted to blame the woman and her employer for her injury. The case settled one month before trial for $300,000.