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Medical Malpractice Victories

Beatty v. Oro Valley Hospital
Hospital pays $5,000,000 judgment for improperly discharging patient.

Our client, a 45 year old former Marine and married father of two young boys, suffered paraplegia injuries after he fell approximately 20 feet from a bridge into a dark wash below. The fall occurred around 3:00am after Oro Valley Hospital medical staff administered morphine to the client in the Emergency Room to address kidney stone pains. Soon after receiving the morphine, the hospital staff discharged Mr. Beatty and sent him out into a dark December night alone, without any escort home. A hospital policy required any patient who received morphine in the ER leave with an escort. Prior to trial, the defense refused to take any responsibility for its actions and violation of its own policy. Pre-trial, the defense's best offer to settle the case was $50,000.
You can read more about this case here.

Orthopedic surgeon and practice pay insurance policy limits for admitted surgical error.
Our client, a 28 year old Air Force helicopter crew chief, suffered a bisected median nerve high in his right shoulder area. The injury occurred when his surgeon mistook the nerve for the tendon he was planning to cut. The nerve injury left our client's arm useless, but incredibly painful. After filing suit and disclosing our expert witnesses, the defense admitted responsibility and the case was resolved for a confidential amount.

Post v. University Physicians, Inc.
Nation's largest refractive surgery verdict.

We obtained a $4,000,000 verdict in a LASIK eye surgery case where our client was improperly screened for the procedure. This amount stands as the nation's largest recovery for a refractive surgery case.

Roland v. Bernstein, M.D.
Jury finds surgeon's care unreasonable.

We represented Patti Roland against a neurosurgeon, hospital, and anesthesiologist regarding her injuries sustained during and after a low back disk removal surgery. The surgeon, anesthesiologist, and nurses failed to diagnose and treat the injuries and shock suffered by Patti after the surgeon had a pituitary rongeur slip during surgery, injuring one of her main blood vessels. The anesthesiologist and hospital settled for $1,400,000 before trial. The surgeon refused to offer a fair settlement. We tried the case, and Patti received a $923,550 verdict against him, bringing her total recovery to $2,323,550.

Zavala v. Paradise Valley Hospital
Medical lab held accountable for errors; jury awards $800,000.00.

We obtained an $800,000 verdict against Paradise Valley Hospital due to its lab technician's failure to run a required blood test that would have led to the early diagnosis and treatment of our client's problems. We also negotiated confidential settlements for our client from several other healthcare providers who had a part in the failure to timely diagnose and treat his medical problems.

Paramedics' failure to know how to use defibrillator results in man's death.
We negotiated a substantial confidential settlement for our clients whose husband and father sustained a heart attack, only blocks from the defendant Fire Department. His wife drove him straight to the Fire Department and, due to the paramedics' inability to properly administer a defibrillator and to insert a trachea tube, the man died.

Doctors' failure to evaluate child results in death.
Our clients' 10 month old son died 19 days after he had surgery to repair his duodenum. The baby died of an undiagnosed small bowel obstruction. From the time of his admission to the time of his death, no doctor ordered any imaging or x-rays. We settled this case for a confidential amount alleging that the physicians fell below the standard of care because they failed to look into the baby's medical history and properly communicate with the hospital nurses.

Pediatric surgeons responsible for improper diagnosis and treatment.
We obtained a confidential settlement for our clients against a hospital, three pediatric surgeons, and an anesthesiologist who deprived our infant client of oxygen, causing brain damage, by failing to timely diagnose and properly treat a neuroblastoma tumor.

Hospital fails to protect mentally ill man.
We were able to obtain a substantial confidential settlement for our client whose husband committed suicide by jumping off a second story railing after having been put into the care of an in-patient psychiatric unit for suicidal tendencies.

Physician fails to recognize importance of abnormal exam results.
We represented the young children of a 36-year-old woman who died of cervical cancer. The cancer was missed by her primary care physician during a routine examination. We were able to establish that the physician misread a pathology report that identified the presence of the cancer at a point in time when treatment would most likely have been successful.

Doctors responsible for failure to understand fetal distress during labor.
We were successful in negotiating a confidential settlement for our client, a young child, who was brain injured when the hospital and treating physician failed to recognize an irregular heartbeat and lack of oxygen being delivered to her brain before delivery. This settlement will allow our client to have all her needs met as she grows up.

Doctors fail to properly perform open heart surgery.
We successfully negotiated a multi-million dollar settlement for clients against doctors alleging negligence in performing heart surgery of the family patriarch. The doctors' negligence resulted in a significant weakening of his heart, which ultimately resulted in his death.

Doctors responsible for disability caused by putting catheter in artery instead of vein.
The defendant anesthesiologist negligently put a hemodialysis catheter in our client's neck artery rather than her neck vein, causing a stroke and brain damage. We settled the claim against the anesthesiologist, nephrologists, radiologist, and hospital for a confidential sum.

Hospital responsible for pain medication overdose death of Nogales businessman.
We succeeded in negotiating a confidential settlement for the surviving family of a successful businessman, father, and husband from Nogales, Arizona. He checked into a hospital for simple rotator cuff surgery and was administered too much pain medication, which resulted in heart failure and death.

Group home and doctor improperly dismiss young girl as attention seeking causing her lifelong injuries.
We represented a young girl against her group home and her pediatrician for failure to treat her severe back pain, numbness, incontinence and high fevers, which were the result of significant objective disease. The techs and pediatrician claimed that she was merely attention seeking. After many complaints, she finally underwent surgery, where cervical, thoracic, and lumbar laminectomies were performed. Our client was left with catastrophic and permanent problems. We settled her case against all concerned for a confidential amount.

Doctor Liable for Experimental Spine Surgery
We obtained a confidential settlement for our clients from a spine surgeon who performed experimental spine surgery on our client using computer-assisted robotics. The surgery failed in many ways, and left our client with permanent pain and disability.

Urgent care doctors failure to send a man to emergency room results in man's death.
We negotiated a confidential settlement for the family of a man who was sent home from urgent care in the face of an abnormal heart examination indicating or suggesting a heart attack was imminent. The patient died about two hours after he arrived at home.

Attending Physician Failed to Follow Patient's Bed Sores, Resulting in Infection and Death
We were able to obtain a confidential settlement for the family of an elderly patient who died from an infection caused by improperly treated bed sores.

Cardiologist Failed to Diagnosis Congenital Heart Defect
We were able to obtain a confidential settlement for a gentleman who had to give up a potential sports career because of a dangerous congenital heart condition that went undiagnosed for years. The condition could have been corrected if diagnosed earlier in the client's life.

Accident Victim Gets Life Saving Treatment, Then Dies from Negligence
We were able to obtain a confidential statement for the wife and family of an individual who sustained multiple injuries in a motor vehicle accident, and was on his way to recovery in the hospital when the treatment team negligently removed the suction tube that was draining his stomach contents. The injured man's stomach filled up with bile, and the patient ended up drowning in his own vomit.

Mental Health Facility Fails to Treat Patient, and Patient Commits Suicide
A confidential settlement was obtained for a spouse of an individual who attempted suicide and was taken to the hospital for treatment. The patient was released two days later, did not receive treatment, and committed suicide by hanging the day after his release.

Hospital Fails to Watch Suicidal Patient, and Patient Commits Suicide on Hospital Grounds
A confidential settlement was obtained for the spouse and family of a patient, who was suicidal, taken to the hospital, and was supposed to be on close watch. The patient left the hospital building, and was found hanging on the hospital grounds.

Doctor Responsible for Botched Circumcision
A confidential settlement was reached on behalf of a young boy who was disfigured as a result of a botched circumcision.

Doctor and Staff Responsible for Death of Patient during In-Patient Surgery
We obtained a confidential settlement for the family of a patient who stopped breathing during the course of in-patient surgery. The resuscitation was mishandled by the physician and staff, the facility did not have proper equipment, and the patient died.

Eye Surgeons Will Occasionally Make Mistakes That Hurt Their Patients
We have obtained significant confidential settlements in several cases against ophthalmologists for botched eye surgeries including LASIK, PRK, cataract surgery and lens implants.

Doctors and Nurses Failed to Follow an Injection Infection
We obtained a confidential settlement for a patient who received an injection while in the hospital, and developed a serious infection at the injection site. The client ended up having to have extensive surgery to clean out the infected area, and was left with disfiguring scars.

Doctor Tells Healthy Patient she is going To Die of Cancer
We obtained a confidential settlement for a client who was advised by her doctor that she had fatal cancer, and only had weeks to live. Her family and friends flew in from across the country and funeral arrangements were made. It turned out that the patient did not have cancer at all, and is still alive and well.

Surgeon Liable for Failed Bladder Surgery
A confidential settlement was obtained for a client who underwent bladder suspension surgery that was not performed in the manner recommended by the manufacturer of the bladder suspension kit. The surgical failure led to incontinence and pain.

Hospital Responsible for Failing to Notice that Patient's Ventilator Tube was Disconnected
We were able to obtain a confidential settlement for the wife and family of a patient who underwent bypass surgery, and was in the recovery process. While the patient was recovering, the nurses failed to notice the alarms that signaled that the patient had become disconnected from his ventilator. The patient suffered brain injury and died two days later.

Nursing Home Responsible for Inadequate Fault Pre-Cautions for Stroke Victim
We obtained a confidential settlement for the wife and family of a man who was transferred from the hospital to a nursing home after suffering a stroke. The nursing home had inadequate precautionary and safety measures in place, and the patient fell. As a result of the fall, the patient suffered a head injury with brain damage that ultimately caused his death.

Radiologist Responsible for Improper Interpretation of Mammogram
A confidential settlement was obtained for a client who had a mammogram that showed a small cancerous growth that was missed by the radiologist when he interpreted the study. The cancer went undetected for a year, and the client ended up having to undergo a mastectomy. A simple lumpectomy would have been the treatment if the cancer was identified when it should have been.

Doctor Failed to Review Repeated X-rays Showing Lung Cancer
We obtained a confidential settlement for the wife and family of a gentleman who was fooled by doctors for possible lung cancer over a period of about three years. Multiple CT scans and chest x-rays were taken which showed that the patient's cancer was growing, and the reports of all of these studies were sent to the patient's primary care provider. The patient died of lung cancer, which could have been cured if it was caught when it should have been.

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Kinerk, Schmidt & Sethi, PLLC

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Kinerk, Schmidt & Sethi, PLLC is one of the most experienced, successful personal injury law firms in the Tucson area. Established in 1995, our firm has a long history of success, as seen in our many victories.

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