MediVisuals Justice Report

Posted September 2011

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$3,300,000 Settlement - Failure to Promptly Diagnose and Properly Treat Spinal Cord Compression

Congratulations to Brian Meyers, Esq. of The Law Offices of Brian Timothy Meyers in Kansas City, Missouri for the award he obtained on behalf of a woman who was left a paraplegic due to a failure to promptly diagnose and properly treat a thoracic spinal cord compression.

Posted September 2011

X-Rays of the cervical, thoracic, and lumbar spine were performed three days after the collision. MRI scans of the cervical, and lumbar spine were taken two months later revealing central posterior herniation at C4-C5 and C5-C6 with some effacement of subarachnoid. The plaintiff underwent three cervical and three lumbar epidural steroid injections under fluoroscopic guidance within a two-month period to help alleviate pain

The defense’s final pre-trial offer was $25,000.00. Attorneys Sharmin and Levenson took the case to trial and successfully obtained a jury award of $ 207,000.00. MediVisuals was entrusted to develop several exhibits to help demonstrate the plaintiff's disc injuries and the invasive nature of the multiple injections, including the ones shown below.

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$1,132,00.00 Verdict - Chronic Pain from Injuries Sustained in Motor Vehicle Collision

Congratulations to Kasie Braswell, Esq. of the The Braswell Firm (www.thebraswellfirm.com/) in Mobile, Alabama for the verdict she obtained on behalf of a woman who was injured when her car was hit from behind by a tractor-trailer. Prior to trial, the defense offered to settle for $500,000.

The plaintiff sustained a herniated disc, which caused impingement at the level of C6-7 as well as a variety of other spinal injuries. Additionally, she developed sacroilitis as a result of the incident. The plaintiff did not undergo any surgical procedures for her spinal injuries. However, in order to manage her chronic pain,  she received numerous injections over the next 3 years in the cervical, lumbar and sacro-iliac regions as well as suprascapular and sciatic nerve injections in order to manage her pain.

Ms. Braswell used multiple MediVisuals exhibits, including the ones shown below, to help demonstrate the plaintiff's injuries and the full scope of her treatment.

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$447,438.00 Verdict - First Plaintiff Medical Malpractice Verdict in Charles County Since 2003

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$905,000.00 Award on $89K Pretrial Demand and $50K Offer - 

Nonsurgical Cervical Disk / Rotator Cuff Arthroscopy / Carpal Tunnel Syndrome

Congratulations to P.J. Scheiner (pjs@blslawyers.com) and Dan Dalesandro (dan@blslawyers.com) of The Associates & Bruce L. Scheiner Firm of Florida for the jury verdict they obtained on behalf of a 57-year-old woman who was injured in a motor vehicle collision. The plaintiff suffered cervical disk injuries (without surgical intervention) and underwent trigger point injections for cervical spasm. She also sustained rotator cuff injuries that required arthroscopic surgery. The plaintiff developed carpal tunnel syndrome following the collision as well. The issue of the carpal tunnel syndrome being caused by the collision was highly contested. Surgery to release the carpal tunnel was recommended by treating physicians but had not been performed prior to trial.

The collision was a low to moderate force rear end collision with little or no visible external damage to the bumper. Testimony from the mechanic who repaired the vehicle established the vehicle had sustained damage to the underlying steel structural components of the rear bumper assembly. The defendant admitted liability just prior to Voir Dire following lengthy litigation. The plaintiff's final pre-trial demand was $89K. State Farm refused to offer more than $50K. The case was tried in the conservative jurisdiction of Lee County (Fort Myers) Florida as an Underinsured Motorist Insurance Claim case. Tortfeasor had $25K in coverage which was "tendered". Underinsured motorist coverage was $100K.

Mr. Scheiner and Mr. Dalesandro utilized five MediVisuals exhibits, including the ones shown below, to demonstrate the extent of the plaintiff's injuries and surgical treatment.

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$3,753,650.90 Verdict - Multiple Traumatic Injuries Sustained in Motor Vehicle Collision

Congratulations to Warren Paboojian, Esq. and Jason Bell, Esq. of Baradat & Paboojian, Inc. in Fresno, California for the verdict they obtained on behalf of a man who sustained several traumatic injuries including a moderate closed head injury as a result of a motor vehicle collision.

$73,200,000.00 Verdict – Severe Traumatic Brain Injury

Congratulations to Gene Odom, Esq. and Maryann Masella, Esq. of Martinez-Odom Law Group in Tampa, Florida for the award they obtained on behalf of a woman who was struck by a pick-up truck while in a grocery store parking lot.

The force of the impact propelled the plaintiff to the ground, causing her to strike her head with such force that she immediately sustained a subarachnoid bleed. She underwent a ventriculostomy and after a couple of months was released to rehab. There she started to gradually recover - saying a few words, gesturing with her hands, even bearing weight with great assistance.

The plaintiff's condition deteriorated when she suffered a stroke, due to underlying deep vein thrombosis (DVT), and later suffered a myocardial infarction (MI/heart attack). The MI resulted from severe anemia, which was caused by a gastric bleed from blood thinner toxicity. These subsequent events on top of an already traumatically damaged brain left the plaintiff a wheel chair bound quadriplegic, unable to talk, eat, etc.

The defense was two fold, one that the stroke and MI were distinct and unrelated events. The other was that she was in coma vigil (persistent vegetative state) meaning she had no awareness, pain and suffering. Plaintiff's counsel argued that the part of her brain that processed information, the grey matter, remained intact, while the part of her brain that allowed communication and motor function, the white matter, was damaged. Therefore, she was aware, alert, awake, conscious and suffering.

Mr. Odom and Ms. Masella used multiple MediVisuals exhibits, including the one shown below, to help demonstrate the plaintiff's injuries.

Posted May 2011

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$575,000.00 Verdict – Traumatic Tongue Laceration

Congratulations to Joe E. White, Jr., Esq. and Kent McGuire, Esq. of White and Weddle, PC in Oklahoma City, Oklahoma for the award they obtained on behalf of a young man who was injured in a motor vehicle collision.

The impact forces from the collision caused the plaintiff to nearly bite his tongue in half. As the laceration healed, granulation scar tissue formed, which necessitated surgical revision with a CO2 laser. The plaintiff's taste buds were affected, resulting in loss of taste at and around the injury site.

Mr. White and Mr. McGuire used the MediVisuals exhibit below to help demonstrate the plaintiff's traumatic injury.

Posted March 2011

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$50,591,035.87 Verdict - Worker Falls From Scaffolding

Congratulations to David Golomb, Esq. of the Law Offices of David Golomb in New York, New York for the verdict he obtained on behalf of a worker who fell 20 feet from scaffolding. The plaintiff sustained multiple injuries, including a spinal cord contusion with T11 paraplegia, skull fractures, an occipital subdural hematoma, blood within the 4th ventricle and bilateral frontal and left temporal cortical contusions, which later developed into encephalomalacia. The verdict included $10,000,000 for past pain and suffering and $25,000,000 for future pain and suffering.

Mr. Golomb used multiple MediVisuals exhibits, including the ones shown below, to help demonstrate the plaintiff's initial injuries and the progression of his brain damage. Click here to read what the jurors and one of the defendant's experts told Mr. Golomb about the exhibits used in this case.

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$4,800,000.00 Verdict - Multiple Traumatic Injuries from Fireworks Show

Congratulations to Scott Surovell of Surovell, Markle, Isaacs & Levy, PLC in Fairfax, Virginia for the verdict he obtained on behalf of a woman who was injured during a firework display.

The plaintiff was watching the display when one of the rockets jetted into the crowd and exploded on her left side. Her injuries included: first and second degree burns, multiple penetrating wounds, a fracture of her left lower arm, and a >50% perforation of the tympanic membrane in her left ear. She underwent extensive surgical excision and debridement to clean and extract fireworks wadding from her multiple wounds. A tympanoplasty was performed to repair the left tympanic membrane perforation defect, using a graft from her temporalis fascia. Her distal radius fracture was fixated; however, the hardware later became painful and was removed.

Mr. Surovell used multiple MediVisuals exhibits, including the ones shown below, to help demonstrate the plaintiff's most significant injuries and surgeries.

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$7,366,252.00 Verdict – Severe Spinal Trauma Resulting in Paraplegia from a Multiple Vehicle Collision

Congratulations to David R. Lira and Christopher T. Aumais of Girardi & Keese in Los Angeles, California for the award they obtained on behalf of a woman who was severely injured in a multiple vehicle collision.

The defendant, who was operating his employer's van, caused a six car collision on State Route 180 in Frenso, California. The plaintiff, who was wearing her seat belt, was the second vehicle hit in the collision and sustained the following injuries: left ankle contusion, abdominal wall contusion, and a T11 vertebral fracture with prevertebral edema. Even though her spinal cord was not severed during the collision, there was irreparable nerve damage, which rendered her an incomplete paraplegic. She now has limited physical mobility and self-care deficits.

Mr. Lira and Mr. Aumais contended that the defendant's employer negligently entrusted their vehicle to the defendant and that he was negligent in the operation of the vehicle. They claimed that the plaintiff was entitled to past medical costs totaling over $224,998 and future medical care costs, including 12 hour/day attendant care, totaling $2,800,000. Since the plaintiff would not be able to return to work as a traveling caregiver, they sought lost past and future earnings (to age 67) of $131,530, as well. The defendant's pre-trial offer was $450,000. After a four and one half week trial, and two and one half days of deliberations, the jury returned a verdict in favor of the plaintiff.

MediVisuals developed the exhibits shown below to demonstrate the plaintiff's most significant injuries.

Posted December 2010

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$8,000,000.00 Verdict - Child Suffers Traumatic Brain Injuries from Seatback Failure

$9,075,000.00 Settlement - Traumatic Brain Injuries, Multiple Orthopaedic Injuries and Death of Unborn Child from Motor Vehicle Collision

Congratulations to Charles G. Monnett, III of Charles G. Monnett, III & Associates in Charlotte, North Carolina for the settlement he obtained on behalf of a family injured in a motor vehicle collision.

The case involved a family who was traveling on a road when an underage and impaired driver struck their car, shortly after purchasing alcohol at a convenience store. The collision resulted in the severe traumatic brain injury to a 4-year-old child, death of an unborn child, and multiple orthopaedic injuries to the mother and other family members in the car.

Mr. Monnett used multiple MediVisuals exhibits, including the ones shown below, to help demonstrate the plaintiffs' most significant injuries and surgeries. To view additional exhibits similar to these, please click the following keywords: traumatic brain injury, pregnancy, personal injury.

$13,909,301.50 Verdict – Severely Injured Woman and Child and Death of Two Children in Motor Vehicle Collision

Congratulations to John Romano of the Romano Law Group and P.J. Scheiner and Bruce Scheiner of Associates and Bruce L. Scheiner of Southern Florida for the award they obtained on behalf of a woman and her child who were severely injured, and her two other sons who were killed in a motor vehicle collision.

The mother sustained a right open ankle fracture/dislocation, multiple abrasions and contusions, a right eye laceration, bilateral pulmonary contusions and pneumothoraces, a left flank muscular hematoma, and severe fractures of the right tibia and talus with dislocation and disrupted ligaments. 

She underwent irrigation and debridement of her open right ankle/foot wound, followed by fixation of her talus and tibial fractures and syndesmotic injury. Later she had the hardware from her previous surgery removed and underwent another ankle fusion due to severe post-traumatic arthritis of the tibiotalar joint.

The Lee County jury, which has been a historically conservative venue (especially toward Spanish-speaking illegal immigrants such as the plaintiffs), awarded $13,885,301.50 in compensatory damages, which is a benchmark verdict in Florida for this type of case.

MediVisuals developed several exhibits, including the ones shown below, to demonstrate some of the mother's most significant injuries, surgical procedures, and treatment.

Posted November 2010

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$1,035,000.00 Verdict – Worker Injured by Table Saw - Partial Amputation of Finger and Traumatic Injury to Fingers

Congratulations to Souren A. Israelyan, Esq. of Souren A. Israelyan, Attorney and Counselor At Law in New York, New York for the jury verdict he obtained on behalf of a 49-year-old who was injured at work.

In an effort to prevent a tipping table saw and melamine sheet from falling, the plaintiff's left, non-dominant hand came in contact with the exposed blade of the table saw. The plaintiff suffered a partial amputation of the left ring finger and injuries to the remaining fingers. The jury found the defendant liable for violations of New York State Labor Law 200 and 241(6) for failing to provide a safe place and equipment to work for the plaintiff, and for failing to equip the table saw with a blade guard. The jury found that the plaintiff was also negligent, but that the defendant's violations were the substantial factors of the accident, causing them to be 100% liable.

The jury awarded $1,035,000.00 in damages, broken down as follows: $385,000.00 for past pain and suffering (five years); and $650,000.00 for future pain and suffering for 28.3 years.

MediVisuals developed the exhibits shown below to demonstrate the plaintiff’s injuries and surgical procedures.

$9,124,000.00 Verdict - Multiple Injuries from Motor Vehicle Collision

Congratulations to John Romano of the Romano Law Group and P.J. Scheiner and Bruce Scheiner of Associates and Bruce L. Scheiner of Southern Florida for the award they obtained on behalf of a woman who was injured in a motor vehicle collision.

The plaintiff was a 31-year-old female who sustained multiple injuries, including: a L2 burst fracture which required a lumbar fusion, abdominal wall injury, herniation of loops of bowel requiring repair, and a lacerated spleen requiring splenectomy.  The plaintiff did not suffer any significant paralysis or sensory deficits as a result of the back injury but did initially suffer complications relating to bladder dysfunction. 

The case was tried for nine days in the very conservative venue of Jacksonville, Florida.  A significant portion of the trial focused on the defendant’s proof and argument that the plaintiff was not wearing the “shoulder harness” portion of the seatbelt system. The jury fully accepted plaintiffs’ proof and argument on the seatbelt system issue and rejected the defense position.
 
MediVisuals was entrusted to develop a wide variety of exhibits to demonstrate the plaintiff's most significant injuries and invasive procedures. This included a medical animation showing the plaintiff's lumbar interlaminar epidural injections, which can be viewed by clicking HERE or on the monitor image below.

To read what Mr. Romano had to say about the MediVisuals' exhibits that were used in the case, please CLICK HERE

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$33,000,000.00 Verdict - Railroad Conductor Struck by Train

Congratulations to James L. Farina, Esq. and George T. Brugess, Esq. of Hoey & Farina, P.C. in Chicago, Illinois for the award they obtained on behalf of a former railroad conductor who was injured when struck by a train.

The 19-year-old plaintiff was switching railroad cars in the railroad's Rock Island Yard when he was struck by the train. He sustained serious injuries including amputation of both legs and severe internal injuries.

During trial, the railroad argued that the plaintiff was solely responsible for his injuries because he had allegedly violated numerous safety rules while switching cars. The jury determined that the railroad had violated the radio communication rule governing train operations when the train did not stop within the proper distance of the last radio command given by the plaintiff.

The defendant's last pre-trial settlement offer was $3,000,000. The jury verdict of $33,000,000 is a record verdict for a single plaintiff in the Circuit Court for the 14th Judicial Circuit of Rock Island County and one of the highest verdicts for a single plaintiff in the State of Illinois.

MediVisuals was entrusted to develop several exhibits, including the ones shown below, to support Mr. Farina and Mr. Brugess' arguments in this case. 

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$5,500,000.00 Verdict – Multiple Orthopaedic Injuries to Woman and Daughter in Motor Vehicle Collision with Sheriff’s Deputy; Wrongful Death of Child

Congratulations to Jason A. Orndoff, Esq. of The Fulkerson Law Firm in Hickory, North Carolina, and William S. Mills, Esq. and Carlos E. Mahoney, Esq. of Glenn, Mills, Fisher & Mahoney, P.A. in Durham, North Carolina for the jury verdict they obtained on behalf of a woman and her family in McDowell County.  A sheriff’s deputy collided at high speed with the rear of the woman’s automobile, severely injuring her and her six-year-old daughter and killing her two-year-old daughter.  The woman suffered numerous injuries, including a traumatic brain injury, multiple facial fractures, rib fractures, collapsed lungs, a left humerus fracture, and prominent scarring to her left arm and upper back.  Her six-year-old daughter suffered a traumatic brain injury, pulmonary contusions, collapsed lungs, bilateral subtrochanteric femur fractures, cervical strain, and prominent scarring to her upper legs.
 
Plaintiffs filed a lawsuit against the McDowell County Sheriff and the Sheriff’s surety company, alleging claims for negligence and gross negligence by the deputy.  A week before trial, Defendants stipulated that the deputy’s negligence was a proximate cause of Plaintiffs’ injuries and the child’s wrongful death.  The action was then tried on damages only.  Following a five-day trial, a McDowell County jury returned a verdict in Plaintiffs’ favor as follows: (1) $2,500,000 for the 36-year-old mother’s personal injuries, (2) $850,000 for the six-year-old daughter’s personal injuries, (3) $150,000 for the child’s medical expenses, and (4) $2,000,000 for the wrongful death of the two-year-old daughter.
 
MediVisuals developed several exhibits, including the ones shown below, to demonstrate some of the mother and daughter’s most significant injuries, surgical procedures, and treatment.

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$2,000,000.00 Verdict - Improper Surgical Approach Resulting in Paraparesis

Congratulations to Anthony M. Russell, Esq. of Gentry, Locke, Rakes & Moore in Roanoke, Virginia for the award he obtained on behalf of a woman who was left paraparetic when an improper surgical approach was used to treat her spinal injuries.

The plaintiff underwent surgery to address a T8-9 disk herniation that was compressing her spinal cord. The operative report described a posterior surgical decompression and removal of "several large pieces of disk material". Postoperatively, the plaintiff demonstrated worsening neurological symptoms. A stat MRI was ordered, but not performed for 5.5 hours. When finally performed, and in contrast to the Operative Report, the MRI showed the compression to be essentially the same as it was before the surgery, but with new findings of cord edema consistent with recent trauma. The defendant never recommended to the plaintiff that she have another surgery, despite the findings of the postoperative MRI.

Mr. Russell argued that the defendant's surgery was inappropriate because a different surgical approach should have been utilized in order to access the disc herniation and the surgical approach that was used required the defendant to manipulate the plaintiff's spinal cord causing damage to it. He also argued that the defendant failed to timely act on the results of the MRI and take the plaintiff back to surgery to correct what he failed to correct in the first surgery. The defendants had made no offers to settle before the verdict was reached.

MediVisuals was entrusted to develop several exhibits, including the ones shown below, to demonstrate the plaintiff's pre/post operative conditions, the improper surgical approach and proper alternatives. View more Medical Negligence Exhibits.

$1,975,000.00 Verdict - Multiple Orthopaedic Injuries to Woman in a Motor Vehicle Collision

Congratulations to Hoyt G. Tessener, Esq. of Martin & Jones in Raleigh, North Carolina for the award he obtained on the behalf of a woman injured in a motor vehicle collision. The plaintiff's air bag deployed during the collision; however, she sustained multiple injuries, including: right lung contusions and fractures to her ribs, left distal femur and patella, and right foot. The multiple orthopaedic injuries required multiple surgical procedures, followed by years of extensive orthopaedic treatment and rehabilitation.

The case was tried in Alamance County, after the plaintiff had offered to settle for $2,000,000. The defense argued for $500,000; however, the jury verdict was for $1,975,000 (+$2,300,000 with interest and costs).

MediVisuals was entrusted to develop several exhibits, including the ones shown below, to demonstrate some of the plaintiff's most significant injuries, surgical procedures and treatment.

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2009-2010 Virginia Justice Reports

Congratulations to MediVisuals' Virginia clients for the settlements and verdicts they obtained on behalf of their injured clients. To view some of MediVisuals' 2009-2010 Virginia Justice Reports, please click HERE.

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$8,000,000.00 Verdict - Multiple Injuries to a Pedestrian who was Struck by a Bus

Congratulations to Jason W. Konvicka, Esq. of Allen, Allen, Allen & Allen, P.C. in Richmond, Virginia for the award he obtained on behalf of a woman who was struck by a bus while walking across the street. The plaintiff sustained multiple injuries, including fractures to her shoulder, spine, hip and pelvis. She underwent several surgical procedures and was left with chronic pain and future need of multiple hip replacement procedures starting at age 50.

MediVisuals was entrusted to develop several exhibits, including the ones shown below, to demonstrate some of the plaintiff’s most significant injuries and surgical procedures. Two particularly effective exhibits were: the animation of the plaintiff's acetabular fracture fixation and the animation of the plaintiff's future total hip replacement. Each animation can be viewed by clicking the respective links above or on the computer monitor images below.

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$4,300,000.00 Verdict - Failure to Promptly and Adequately Debride Necrotizing Fasciitis

Congratulations to Stephen G. Lowry, Esq. and Jeffrey R. Harris, Esq. of Harris, Penn & Lowry, LLP in Savannah, Georgia for the award they obtained on behalf of a mother who died due to the delayed and inadequate debridement of necrotizing fasciitis.

After giving birth to twins, the plaintiff's Cesarean section incision became infected and progressed into necrotizing fasciitis. She underwent several surgical debridements that resulted in the eventual loss of skin and subcutaneous tissue extending from her mid-abdomen down to her mid-thighs. From this, she developed sepsis and eventually succumbed from the complications just three months after giving birth. Plaintiffs argued that the treatments were inadequate and that one early and proper debridement would have avoided the initial spread of the infection.

MediVisuals was entrusted to develop several exhibits, including the ones shown below, to support Mr. Harris and Mr. Lowry's arguments in this case. To see a more detailed view of the Time Line of Events please click HERE or on the image below.

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$44,932,206.00 Verdict - Spinal Fracture from Motor Vehicle Collision

Congratulations to John Romano of the Romano Law Group and P.J. Scheiner and Bruce Scheiner of Associates and Bruce L. Scheiner of Southern Florida on their recent verdict of $44,932,206.00.

The case involved a 53-year-old motorcyclist who sustained multiple injuries, including a spine fracture that resulted in paraplegia. The case was tried for four-days in a very conservative, low income venue in Florida (highest award ever issued in Lee County). Liability was clear and admitted.

MediVisuals was entrusted to develop several exhibits to demonstrate some of the plaintiff’s most significant injuries and invasive procedures. An animation demonstrating the spinal fusion was particularly effective and can be viewed by clicking HERE or on the monitor image below.

To read what Mr. Romano had to say about the MediVisuals' exhibits that were used in the case, please CLICK HERE.

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$9,360,000.00 Verdict - Mason/construction worker who fell two floors from the side of a building

Congratulations to David H. Perecman of the The Perecman Firm, PLLC in New York, NY for the award he obtained on the behalf of a mason/construction worker who fell two floors from the side of a building. The plaintiff sustained multiple injuries, including a tibial plateau fracture of the left leg, and multiple fractures to both feet. He also developed ongoing traumatic arthritis at the injured areas, causing severe pain while walking and making it impossible to continue work in construction.

MediVisuals was entrusted to develop several exhibits, including the ones shown below, to demonstrate some of the plaintiff’s most significant injuries and surgical procedures. Other exhibits demonstrated the progression of his traumatic arthritis.

$144,000.00 Verdict After $15,000 Defense Offer - Minor Subway Train Collision

Congratulations to Christopher L. Turpin, Esq., of the Law Offices of Christopher L. Turpin in Los Angeles, CA, for the award he obtained on behalf of a 23 year-old dental assistant who was injured in a minor subway train collision. Immediately following the collision, the plaintiff began to suffer from pain in her neck, back, right knee and leg. Upon returning to work, her neck and back pain not only continued but increased; and she was diagnosed with cervical, thoracic, and lumbar strains, along with lumbar facet syndrome.

A neck MRI performed at three months after the collision was interpreted as demonstrating a very large central protrusion of the C5-C6 intervertebral disc, causing compression of the spinal cord. At the time of the MRI, she also suffered from intermittent bilateral upper extremity radicular symptoms consisting of both pain and paresthesias. Two years following the collision, she finally received some relief after undergoing multiple facet injections and epidural injections.

The defense’s final offer to the plaintiff was $15,000; however, Chris Turpin successfully obtained a jury award of $144,000 after trial. To help emphasize the plaintiff’s cervical disc injuries as well as the invasive nature of the multiple injections that she was required to undergo, Mr. Turpin used the accompanying MediVisuals exhibits.

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$4,950,000.00 Settlement - Worker falls from roof

$1,327,241.54 Jury Award - Femur Fracture from Motor Vehicle Collision

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$12,264,302.00 Verdict - Slip and Fall

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$700,000.00 Verdict - Fall off of Playground Equipment

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