Case Details

Over $309,864,353 in verdicts and settlements

Medical Malpractice in West Virginia

Prenatal Care- Birthing Injury

Our client received prenatal care from an obstetrician employed by a federally funded rural health clinic. Initial prenatal blood testing performed on the mother showed a problem with antibodies during the pregnancy. Despite these lab results, the obstetrician and midwife did no further monitoring or management of the antibodies in either the mother or the fetus. At birth, the child required resuscitation, had low APGAR scores, his body was severely swollen, he was hydropic, suffered from congestive heart failure, and was acidotic. MRIs taken after birth showed multiple brain hemorrhages and infarcts. The child suffered from severe speech and language impairments. The case was brought in federal court under the Federal Tort Claims Act and the United States District Court Judge ruled as a matter of law that the obstetrician and midwife had violated the standard of care.

IV Infiltration

Our client was administered a dopamine drip through an IV. The problem with dopamine is that an extravasation of this drug can cause vessel damage, necrosis, skin sloughing, discoloration, and gangrene. Our client alleged that the hospital failed to properly recognize and treat his extravasation injury that resulted from the improper IV and as a result, he suffered compartment syndrome of the left hand and forearm. This condition resulted in multiple surgeries and permanent injury to our client’s left hand and forearm.

Heart Surgery-Aortic Dissection

Our client suffered an aortic dissection during a coronary artery bypass surgery. The aortic dissection was not timely repaired and as a result our client died.

Orthopedic Malpractice and Product Liability

We represented over 70 individuals and their families in litigation filed in West Virginia against an orthopedist, hospital and multiple medical device manufactures. Plaintiffs’ claims included unnecessary surgeries, surgeries that violated the applicable standard of care, and defective products used during orthopedic surgical procedures. The plaintiffs’ injuries included deaths, amputations, cervical injuries, shoulder injuries, knee injuries, and spinal injuries, among other claims.

Failure to X-Ray Fractured Hip

Our client, age 11, was taken by ambulance to an emergency room after being in a bicycle accident. Despite the fact that the patient was in a wheelchair and never walked in the emergency room, the emergency room physician failed to x-ray our client’s fractured left hip. After being released from the emergency room, our client returned three days later at which time the fractured left hip was discovered. In the interim, our client developed avascular necrosis.

Delayed Treatment of Coumadin Toxicity

Our client presented to a hospital emergency room with complaints of abdominal pain and vomiting. In the emergency room, the emergency room physician noted Coumadin toxicity. Our client was then admitted to the hospital but the hospital personnel failed to timely administer blood transfusions and our client died due to shock from an untreated hemorrhage, multiple-organ failure and brain damage.

IV Infiltration

Our client suffered an extravasation injury as a result of an infusion of Sodium Bicarbonate into our client’s left wrist. The IV caused the patient’s arm to turn a dark purple color from the wrist to the forearm. Hospital personnel failed to recognize and timely treat the extravasation injury resulting in severe damage to the patient’s hand and arm.

Failure to Treat Ileus

Our client was involved in a motorcycle accident and admitted to a hospital as a result of injuries he received in that accident. The doctors failed to treat an ileus that caused the patient to go into cardiac arrest which resulted in our client’s death.

Delayed Diagnosis of Prostate Cancer

Our client’s physician failed to inform him of lab tests results which showed an elevated PSA. As a result of this failure to timely diagnose and treat our client’s prostate cancer, the cancer metastasized.

Urology Error

An urologist failed to remove a stent which had been placed in our client’s ureter during a surgical procedure. As a result of the failure to remove the stent, our client developed a linear calcification of the ureter.

EMT - Ambulance Personnel

Our client became ill and began experiencing chest pains while at a concert. Ambulance personnel (EMTs) failed to administer oxygen, start an IV, or monitor his respiratory and cardiac functions while en route to the hospital. The EMTs also failed to perform CPR. Upon arrival at the hospital, our client was in full cardiac arrest with no pulse, no respirations and no blood pressure. As a result, our client suffered irreversible brain damage and eventually died.

Anesthesiologist Malpractice

Our client was undergoing a varicose vein procedure when she suffered irreversible brain damage. Suit was brought against both the anesthesiologist and the hospital where the operative procedure was performed. After suit was filed, it was asserted that the anesthesiologist was negligent and had altered medical records to try to avoid liability.

Hospital Negligence - Lab Results

Our client, a diabetic, presented to an emergency room with a history of a puncture wound to his left foot from a week earlier that was not healing. While in the emergency room, he was given an antibiotic for his foot infection. While at the emergency room, a culture was taken of his wound, which culture results were not received back until approximately two days later. The lab results showed that the antibiotic was not effective for treating his infection. Despite these lab results, the hospital failed to notify our client of the results and he sought no further treatment for approximately one week until he was taken by ambulance to another hospital. The infection had progressed to the point that he was immediately taken to the operating room for an amputation of his left leg below the knee. Our client alleged that the hospital breached the standard of care in not notifying him or otherwise following up upon the lab results.

Vascular Compromise

Our client underwent hip replacement surgery. Shortly after the surgery, the patient began showing signs of decreased blood flow in the lower leg. Claims were brought alleging that the ICU physician failed to timely recognize the vascular medical emergency and failed to properly treat the vascular compromise which resulted in amputation of the right leg. Our client also alleged that the hospital failed to timely transfer our client to a facility that could properly treat his condition.

Obstetric Malpractice - Birth Injury

During the delivery of our infant client, the obstetrician faced a shoulder dystocia event. Our client alleged that the obstetrician’s failure to properly manage the shoulder dystocia caused our client to suffer a significant brachial plexus injury (erb’s palsy) involving multiple nerves.

Burr Hole Surgery

Our client suffered head pain and a laceration to the scalp as a result of hitting his head on the steering wheel in a motor vehicle accident. Subsequent to the accident, our client suffered from a severe headache and was seen at an emergency room where a neurosurgeon performed burr hole surgery and placement of a subdural drain in our client’s brain. The first burr hole was misplaced and caused a severe bleed into the patient’s brain. Our client was subsequently taken into surgery. Our client alleged that as a result of negligence in placing the burr hole he suffered profound brain damage and quadriplegia.

Hernia Repair Surgery

A surgeon performed hernia repair surgery on our client during which surgery he perforated the intestine. As a result, our client developed sepsis. In an attempt to repair the intestinal perforation, the surgeon took our client back to surgery at which time he performed a diverting colostomy and removed the infected mesh that had been inserted during the hernia operation. Our client was then transferred to the Cleveland Clinic, septic, intubated, and sedated. Our client eventually died as a result of the complications.

False Reporting of Test Results

A mistake in reporting positive HIV test results, when our client did not suffer from HIV resulted in our client being unnecessarily sterilized.

Failure to Treat a Deep Vein Thrombus

Our client, age 1, was treated at an emergency room for second degree burns. Our client was subsequently admitted to a pediatric intensive care unit where the treating physician failed to treat a deep vein thrombus despite a positive ultrasound, resulting in death.

Emergency Room Negligence

Our client presented to the emergency room with complaints of chest pain and shortness of breath. The emergency room physician failed to diagnose unstable angina and failed to properly diagnose and treat the patient’s heart condition resulting in her death.

Lab Error

Our client’s pap smear was negligently read by a laboratory and as a result, our client’s cancer was not timely discovered.

Gallbladder Surgery

Our client underwent gallbladder surgery via a single access laparoscopic cholecystectomy. The operative report described how the entire gallbladder was dissected and removed. However, after multiple complications, our client was treated at the Cleveland Clinic where it was found that a large portion of her original gallbladder had not been removed and that the remnant had gallstones. The stones were blocking the pancreas causing pancreatitis.

Failure to Properly Diagnose and Treat Resulting in a Stroke

Our client was released from a hospital despite the fact that he was suffering from signs and symptoms of a transient ischemic attack. The doctors failed to properly diagnosis and treat our client’s condition resulting in a subsequent stroke.

Obstetric Malpractice - Hysterectomy

Our client suffered postpartum bleeding four days after delivering her first child. The patient alleged that the obstetrician violated the applicable standard of care by failing to attempt multiple treatment options prior to performing the hysterectomy. The case was brought in federal court under the Federal Tort Claims Act as the obstetrician was deemed to be an employee of the United States. A federal judge awarded our client the maximum amount permitted under West Virginia’s Medical Malpractice laws after finding that the doctor acted in reckless disregard of her safety.

Hernia Surgery

Our client underwent hernia surgery and subsequently gastric ischemia/necrosis resulting in her death. The patient’s family alleged the surgeon was negligent in performing the initial hernia surgery and in failing to properly treat and diagnose the complications resulting from that surgery.

Podiatric Malpractice

A podiatrist misdiagnosed our client as suffering from ligament tears and a rupture of the peroneal tendon and performed surgery to correct these conditions. Our client alleged that the podiatrist performed a negligent and unnecessary surgery which resulted in an infection which causing a dysfunctional left ankle.

Unnecessary Surgery by a Pediatric Neurosurgeon

Our client, a 12 year old, suffered paralysis as a result of an unnecessary surgery by a pediatric neurosurgeon.

Hip Replacement Surgery

Our client underwent a right total hip arthroplasty which failed nine months later. Our client alleges that the surgery failed because the orthopedic surgeon placed the cup at the wrong angle.

Surgical Malpractice

Our client’s ureter was cut during an exploratory laparotomy performed by an obstetrician. Multiple surgeries were performed in an attempt to repair the ureter.

Methotrexate Poisoning

Our client was prescribed an excessive amount of methotrexate by a physician to treat rheumatoid arthritis causing methotrexate poisoning which resulted in neutropenia and pancytopenia.

Emergency Room Negligence

Our client presented to an emergency room complaining of chest pain radiating to her left arm. The physicians caring for our client failed to diagnose a myocardial infarction and as a result, our client suffered permanent heart damage with a limited ejection fraction.

Gallbladder Surgery

Our client underwent a gallbladder surgery that resulted in injuries to other internal organs. Our client’s claims included lack of informed consent, negligence in the performance of the operation, and claims for punitive damages.

Failure to Diagnose - Heart Attack

Our client underwent elective aortic heart valve replacement surgery. While in the hospital following surgery, the patient suffered a heart attack and died from cardiogenic shock. Our client’s family alleged that the cardiothoracic surgeons and cardiologists on call failed to diagnosis that she was having a heart attack.

Negligent Treatment of a Stroke

The patient presented to an emergency room for an acute stroke. The emergency room physician ordered the administration of tPA despite the fact that the patient’s blood pressure was elevated to the levels at which tPA is absolutely contraindicated. The patient’s family alleged that as a result of negligently administered tPA, our client developed a large intracranial bleed which resulted in his death.

Radiologist Misreading of X-Ray Films

Our client suffered paralysis due to the failure of a radiologist to properly read x-ray films which showed a disc infection.

Radiology Error

Our client went to the emergency room suffering from low back pain, pain radiating into her leg and urinary retention. A CT of the lumbar spine was performed which showed a large disc herniation. The radiologist who read the CT did not reported the large disc herniation and our client was discharged from the emergency room. Due to the radiologist’s negligence, treatment for the disc herniation was delayed and as a result our client suffered a disabling back condition.

Anesthesia Error

Nurse anesthetist and/or anesthesiologist negligently removed intubation tube following surgery resulting in brain damage and death.

Failure to Diagnose Acoustic Neuroma

Failure of ear, nose, and throat doctor to diagnose acoustic neuroma resulting in nerve damage and hearing loss.

Psychiatrist Malpractice and Products Liability

A psychiatrist prescribed an anti-psychotic medication for our client’s treatment of anxiety and depression. The psychiatrist increased the dosage of the anti-psychotic medication. As a result of taking the prescribed medication, our client suffered tardive dyskinesia.

Emergency Room Cardiac Care

Emergency room failed to timely diagnose, monitor and treat our client’s heart condition causing damage to the heart.

Negligence in Emergency Room Treatment

Failure of an emergency room physician to properly treat a high pressure injection injury to finger resulting in compartment syndrome and eventual amputation of the finger.

Podiatric Malpractice

As a result of a podiatrist’s failure to appropriately treat a diabetic foot wound our client suffered from sepsis, five major limb salvage surgeries and over 30 debridement procedures.

Orthopedic Malpractice

Failure of orthopedist to properly reduce fracture of the left arm.

Oncology Malpractice

An oncologist administered chemotherapy for a cancer that did not exist, resulting in our client’s death.

Medical Malpractice in Kentucky

Gallbladder Surgery

Our client’s common bile duct was cut during a laparoscopic cholecystectomy (gall bladder surgery). Our client alleged that the surgeon negligently failed to appropriately identify the cystic duct and as a result, he severed our client’s common bile duct. Our client also alleged that the physician breached the applicable standard of care by failing to properly inform our client of the risks of surgery as required by the Kentucky Informed Consent Statute. After her initial surgery, our client was transferred to the University of Kentucky where she underwent corrective surgery.

Chiropractic Malpractice

Our client, a 44 year old veteran, sought treatment for neck tightness. As a result of high velocity chiropractic cervical manipulations, our client suffered a vertebral artery dissection which resulted in his death. Our client was taken from the chiropractor’s office by ambulance to a hospital where he was unresponsive, in respiratory arrest, and died.

Pathologist Malpractice

Failure of pathologist to properly read pathology slides showing malignant melanoma resulting in the death of our client, age 41.

Radiology Error

A radiologist failed to report a lesion in a vertebra. Due to the radiologist’s error, the lesion was left untreated and allowed to grow in our client’s body until the vertebra collapsed causing paralysis. Our client was rendered a paraplegic.

Personal Injury Cases

Salmonella Poisoning

Our 59-year-old client was exposed to Salmonella Typhimurium which required multiple surgical procedures and over 150 days of hospitalization and nursing home stays. His medical bills exceeded $500,000. Claims were brought against the national manufacturer and distributor of the contaminated product.

Boating Accident

Our client’s daughters were killed during a boating accident on a West Virginia river. Claims were brought against the company that owned the docking facility where the boating accident occurred.

Motor Vehicle Accident

Our client was a passenger in a car that lost control and wrecked. Litigation was filed against the driver of the vehicle with our client claiming injuries to his lower limbs with permanent neurological damage.

Industrial Accident

Our client was working at an aluminum manufacturing facility when a piece of equipment malfunctioned resulting in the amputation of our client’s leg. Claims were brought against both our client’s employer and the manufacturer of the industrial equipment he was operating.

Tractor Trailer Accident

A tractor trailer improperly changed lanes on Interstate 64. The client’s vehicle was pinched between tractor trailer and a concrete wall. Our client had undergone back surgery immediately prior to the accident and the accident aggravated the back condition.


Our client suffered serious injuries requiring treatment at the Cleveland Clinic as a result of falling over a defective mat used in a commercial office building.

ATV Accident

Our client was a passenger on an off road vehicle when the driver lost control of the ATV and struck a tree. Our client suffered a right orbital floor fracture, hip fracture, and broken arm.

Deliberate Intent Action Against Employer

An employee of restaurant was severely burned by hot grease.

Mining Accident

A worker at a coal mine suffered a shattered heel as a result of a steel cable being engaged.

Industrial Accident

Client suffered severe cut from industrial cutting machine at plant.

Products Liability

We represented property owner whose building sustained extensive water damage as a result of defective sprinkler head.

Work Place Accident

Employee at power plant was severely burned where employer failed to provide proper safety equipment.

Work Place Accident

Employee suffered severe burns when an acetylene generator exploded.

Car Accident

Our client had a severely broken arm as a result of another driver pulling out in front of his car.

Motor Vehicle Accident

Driver of vehicle lost control, striking the rock embankment and injuring passenger.

Car Accident

At fault driver crossed center line causing injury to other driver and his pregnant wife.

Motor Vehicle Accident

At-fault driver failed to yield right-of-way, making left hand turn onto US Route 61. The license of the at-fault driver had been revoked.

Motor Vehicle Accident

At fault driver was traveling at unsafe speed and following too closely, rear ending vehicle and causing injuries to passenger.

Motor Vehicle Accident

Recovery of underinsured motorist coverage for parent’s loss of consortium in accident resulting in son becoming paralyzed.

Car Accident

Driver improperly backed into road causing injuries to other driver.

Mining Accident

Worker at mine site suffered permanent crush injury to foot when rock from blast area came into bulldozer.

Motor Vehicle Accident

Client injured by driver with suspended license who failed to maintain control.

Motor Vehicle Accident

Motor vehicle accident where vehicle was following too closely and collided with stopped vehicle.

Motorcycle Accident

Driver made an improper turn hitting motorcyclist. Client required transportation to hospital via helicopter. Claim presented for both liability limits and underinsured motorist coverage.

Products Liability (negligent design)

Client received spinal cord injury in fall from defectively designed tree stand.

Premises Liability (tree fall)

Negligence claim against a land company where tree fell from hillside and killed motorist.