MediVisuals Justice Report
MediVisuals is proud to assist our clients in helping the people they represent receive a true measure of justice in their case. The following are a few recent cases that MediVisuals was called on to provide medical exhibits for. If you have used MediVisuals' medical exhibits in mediation or trial and would like to share your story with us, please CLICK HERE.
Posted February 2014
$4,314,186 Verdict – Firefighter Falls From a Training Tower
Congratulations to Dan Volkema of Volkema, Thomas, Miller & Scott, LPA in Columbus, Ohio, for the verdict obtained on behalf of his client in a negligent training case. The 45-year-old firefighter plaintiff fell 2.5 stories when his support line broke during a training exercise.
As a result of the long fall from the training tower, the firefighter sustained a severe tibial plateau fracture and compartment syndrome that required a four-compartment fasciotomy, an internal fixation, an external fixation, and finally a split-thickness skin graft to address the fasciotomy wounds.
Mr. Volkema argued that Fire Safety Services Inc. was not qualified to train firefighters on the MSA Fire Service Rescue Belt and failed to properly maintain the product in accordance with the manufacturers care and use instructions.
The defense claimed that instructions for the equipment were not clear, and their client was neither negligent nor in charge of training. They further argued that much of the fault was attributed to the immune co-employees manning the secondary line that failed to catch the plaintiff before he hit the ground. Even though the defense increased their original offer from $90,000 to $1 million one week before the trial, the client declined the offer. The jury returned a verdict of $4,314,186.
Mr. Volkema collaborated with MediVisuals, Inc. to develop exhibits to clarify and emphasize the plaintiff’s injuries and multiple surgical procedures. He reported that the “illustrations made that terrible injury a reality for the jury”.
Posted January 2014
$4.02 and $11 Million Verdicts in Topamax Litigation
Congratulations to the teams of Scott Love, Shelley Hutson, Blake Deady, and Michael Gallagher of Clark, Love & Hutson, GP in Houston, Texas and Tommy Fibich of Fibich, Hampton, Leebron, Briggs & Josephson, LLP in Houston, Texas for the verdicts received for their clients in the first two bellwether cases of the Topamax litigation.
Scott Love and Tommy Fibich received $4.02 million in the first bellwether case, Czimmer v. Janssen Pharmaceuticals. Shelley Hutson and Blake Deady received almost $11 million for their client in the second bellwether trial, which was a defense pick, Gurley v. Ortho-McNeil-Janssen Pharmaceutical. The jurors found with the plaintiffs in both cases that Janssen failed to warn prescribing physicians and expectant mothers of the drug’s risks for causing birth defects including cleft lip and palate.
The defense claimed that Janssen adequately warned prescribing physicians of the risks that were known at the time the medication was prescribed.
The attorneys collaborated with MediVisuals to develop exhibits demonstrating the surgical procedures needed to begin the repairs of the birth defects and an animation to demonstrate how Topiramate acts as a teratogen.
$2,298,680 Settlement – Severe Leg Injury from Motor Vehicle Collision
Congratulations to Todd Clement, Esq of The Clement Firm in Dallas for the $2,298,680 settlement he obtained on behalf of his client. The plaintiff was walking his dog and began crossing at a crosswalk when a drunk driver impatiently changed lanes as the vehicle in front of him slowed down to allow the plaintiff to cross the street. The defendant barreled through the intersection striking the plaintiff at 40-45 mph and killing his beloved dog. The drunk driver, who was operating his even more inebriated girlfriend’s car, also later admitted to taking Ectasy just prior to the collision. Extensive discovery showed the defendants continued to drink alcohol even after this tragic collision.
The plaintiff was thrown a great distance by the impact and was unconscious at the scene. He was taken by ambulance to the hospital where he was diagnosed with a severe complex fracture of the right tibia and fibula, along with a concussion, pneumothorax, and severe road rash -- all of which required significant medical attention. The plaintiff had medical insurance, so medical expenses were substantially reduced to approximately $130,000.
Unfortunately for the plaintiff, the major leg surgery that was performed in the days after the crash was not successful. Due to the extent of the trauma, the bones failed to mend which resulted in excruciating pain, mental anguish, and disability. Another surgery three months later was likewise unsuccessful. Today, more than 1½ years after the original injury, the plaintiff cannot walk without crutches and remains in severe pain.
Mr. Clement partnered with MediVisuals to develop exhibits to help demonstrate the extent of the plaintiff’s leg injuries and treatment. He utilized these exhibits to explain the original leg injury and surgery, the subsequent failure to heal, the second surgery, and the physiological basis for the plaintiff’s current pain and disability in connection with an extensive policy limits demand letter. The case settled for policy limits the day before the demand deadline.
Posted November 2013
$3,580,000 Verdict – Slip and Fall in Major Grocery Chain
Congratulations to Preston J. Scheiner and Benjamin A. A. Russell of Associates and Bruce L. Scheiner, in Fort Myers, FL for the verdict they obtained on behalf of their client, a mother escorting her daughter to the bathroom of a Winn Dixie, who suffered knee injuries as the result of a slip and fall.
The plaintiff's counsel argued that the corporation had been negligent in failing to follow their own internal procedures for maintaining and cleaning the restroom floors as well for failing to warn customers of a dangerous condition. Among other complaints, the plaintiff's counsel argued the cleaning product used on the bathroom floor was not intended for use on floors, nor was a floor mat placed in the entryway to the bathroom.
The knee injuries suffered by the plaintiff led to multiple corrective surgeries. Despite the attempts to repair the damages, a full knee replacement was required.
Although the Defendants vigorously contested liability, and claimed that the Plaintiff's own negligence had caused her fall, the jury found the Defendant to be 100% responsible for the Plaintiff's injuries. Mr. Scheiner and Mr. Russell collaborated with MediVisuals, Inc. to develop several exhibits, examples shown below, to clarify and emphasize the plaintiff's injuries and multiple surgical procedures.
Posted November 2013
$1,050,000 Verdict – MTA Bus
Rear-ends Motor Vehicle
Congratulations to Joseph E. Gorczyca of Law Offices of Michael S. Lamonsoff, in New York, NY for the verdict they obtained on behalf of their client, who sustained injuries from a motor vehicle accident. The plaintiff was stopped at a traffic light when she was rear-ended by a New York City MTA bus.
As a result of the collision, the plaintiff sustained 5 herniated discs (3 cervical and 2 lumbar). Due to the severity of the injuries, she received 6 cervical and lumbar epidural injections to help alleviate pain and underwent a micro-discectomy procedure of her L5/S1 disc.
The defendants had two main arguments. Their first argument was that the plaintiff’s injuries and surgery were due to a motor vehicle accident that occurred after the collision in question and before the surgery. Their second argument surrounded issues of the plaintiff receiving significantly more treatment after the second collision as compared to before it.
The defendants offered to pay $75,000. The jury returned a verdict for $1,050,000. Mr. Gorczyca collaborated with MediVisuals, Inc. to develop several exhibits, examples shown below, to clarify and emphasize the plaintiff's injuries and multiple procedures.
Posted June 2013
$53,000,000 Verdict - Multiple Traumatic Injuries Sustained in Motor Vehicle Collision
Congratulations to the team of Gene Odom (Martinez - Odom), John Romano, Elizabeth Zwibel and Geoffrey Schosheim (Romano Law Group), appellate counsel, Celene Humphries and Ceci Berman (Brannock and Humphries), and trial consultants, Harvey A. Moore, Ph.D., John Moore, and Tom Brennan (Tampa, Florida) on their $53 Million verdict in a products liability trial against Ford Motor Company in Hillsborough County, FL on June 12th.
On June 23, 2002, the plaintiff and her family were involved in a single-car, hydroplane crash on I-75 in Lake City, Fl. During the crash the plaintiff, wearing the rear-center seatbelt, was ejected out of the rear windshield of the vehicle. She sustained a traumatic brain injury and other bodily injuries. The family brought a product liability action against Ford alleging that their 1997 Ford Explorer had a defectively designed and manufactured seat and seat belt and that the design of the location of the center of gravity in the vehicle made it unstable.
After a 4-week trial, the jury returned a verdict, finding Ford strictly liable for all claims. The $53 million verdict included a $10 million award for past and future medical damages, a $38.3 million non-economic damages award for the plaintiff and a $3 million loss of consortium award to her husband.
The trial team reported that MediVisuals' exhibits played an integral role in the trial. MediVisuals provided all the Plaintiffs' medical demonstrative graphics and medical summary charts. The powerful poly-trauma (injury summary) graphic board created by the MediVisuals team was critical in assisting the jury's findings of the medical and non-economic damages. Click here to see the full range of exhibits developed by the plaintiff's team and MediVisuals.
Posted June 2013
$3,167,267 Verdict – 8th Largest Motor Vehicle Verdict in Texas
Congratulations to Jason B. Stephens of Stephens, Anderson & Cummings, LLP, in Fort Worth, TX for the verdict he procured on behalf of his clients, a 57 year-old laborer, who was severely injured and his wife, a 54 year-old homemaker, who suffered fatal injuries when struck by the defendant's SUV.
Mr. Stephens argued motor vehicle negligence, claiming that the defendant's SUV crossed the double yellow centerline, attempting to enter the driveway to her family’s farm and residence when she hit the plaintiffs' pickup head on.
The 57 year-old male plaintiff suffered multiple injuries, including a broken leg, torn rotator cuff, and fractured orbital bone. His wife, in the passenger seat, suffered multiple fatal internal injuries. She was conscious for 85 minutes, and died at Parkland Hospital 2 hours after the collision. Mr. Stephens told the jury that anything less than $3 million for the plaintiffs would be an injustice and he'd simply rather have no justice at all.
The defense stipulated to liability about two weeks prior to trial but still argued that trees obstructed defendant's view, that the defendant never saw plaintiffs' vehicle, and that defendant was only across the center line for 1.6 seconds before the collision occurred. The defendant offered to pay $1.8 million. The jury returned a verdict for $3 million. With the additional damages that were stipulated to along with prejudgment interest and court costs, the Judgment totaled $3,167,267.75. Mr. Stephens collaborated with MediVisuals, Inc. to develop multiple exhibits, shown below, to clarify and emphasize the plaintiffs' multiple injuries and surgical procedures.
Posted May 2013
$7,900,000 Verdict - Man Sustains Lasting Injuries from Construction Site Accident
Congratulations to David Perecman and Steven Weinstein of The Perecman Firm of New York, New York for the verdict they obtained on behalf of their client, a 46-year-old carpenter who was injured at a construction site. The plaintiff sustained multiple broken bones in his foot when an improperly hoisted two-ton block struck him.
The initial fractures necessitated several procedures to correct, including skin grafting. Even so, as a result of his injuries, the plaintiff developed arthritis in his foot that required corrective surgery. Additionally, the plaintiff now walks with an antalgic gait and requires a cane and orthopedic boot.
The plaintiff attorneys argued that hoisting was not performed within the safety standards laid out by the labor laws of New York. They also contended that the defendants did not provide safe and adequate equipment.
Mr. Perecman and Mr. Weinstein worked with MediVisuals to develop exhibits highlighting the plaintiff’s injuries and surgeries. Using the films of the foot, Medivisuals was able to show the progression of the post-traumatic osteoarthritis which bolstered their argument that the plaintiff's condition was only going to worsen over time.
Posted April 2013
$13,600,000 Verdict – HVAC Technician Sustained Serious Injuries From Defective Product
Congratulations to Brian T. Meyers of the Law Offices of Brian Timothy Meyers in Kansas City, MO for the verdict he procured on behalf of his client, a 33 year-old HVAC technician, who was severely injured when he received a shock of 460 volts from a heat pump, and was thrown backward off of a 6-foot ladder.
The plaintiff was working on a commercial grade heat pump, manufactured by the defendents company. He climbed up a 6-foot ladder and began working on the unit in an office setting. He reached to detach the refrigeration gauges from the unit, and his right forearm came into contact with an electrical panel full of live electrical wiring, receiving a shock of 460 volts. He was thrown off of the ladder, landing squarely on the corner of an office desk.
The plaintiff suffered serious injuries, including fractures of the left 3rd, 4th, 5th, 6th, 7th, and 8th ribs, a Grade 4 ruptured spleen with active hemorrhage, perisplenic hematoma, pancreas contusion, pulmonary contusion, and hemoperitoneum in both upper quadrants. He also went into acute respiratory failure. He endured an emergency laparotomy surgery to remove his spleen and was placed on life support for several weeks and came very close to death.
Mr. Meyers asserted two theories of liability: (1) defective design, and (2) failure to warn of the danger. Specifically, he emphasized the fact that the defendent had a prior model of the heat pump that contained a steel cover over the live electrical parts. They made a conscious decision to remove the cover from their product in 2004, thereby exposing technicians to serious injury or death.
The defense team argued that the accident was all plaintiff’s fault, he neglected to wear personal protective equipment or gloves for protection from shock. They also argued that plaintiff should have used an 8-foot ladder, instead of a 6-foot ladder, as his reach and approach would have been safer.
A Jackson County jury awarded the plaintiff $13.6 million in damages, including $4.5M in punitive damages. Mr. Meyers collaborated with MediVisuals, Inc. to develop a summary of traumatic injuries exhibit, shown below, to clarify and emphasize the plaintiff's injuries and life-saving measures taken.
Posted February 2013
$3,350,000.00 Settlement – Fall from Roof Leads to Permanent Disability
Congratulations to Joseph O'Connor of Mainetti, Mainetti & O'Connor in Kingston, New York for the settlement he received on behalf of his client, a 31-year-old man who was repairing a chimney on a commercial building when he fell. The fall resulted in severe injuries to his lower back which lead to several surgeries and left him with a permanent disability.
The plaintiff argued that the failure of the defendant building owners to provide proper safety devices violated the NY State Labor Law. Despite the defendants' denial of the allegations, a settlement was reached before the matter went to trial.
Mr. O'Connor entrusted MediVisuals, Inc. to develop several exhibits detailing both the injury and the surgeries performed.
Posted February 2013
$6,000,000 Settlement – Multiple Injuries from Motor Vehicle Collision
Congratulations to Mark Worischeck Esq. of Sanders & Parks, PC in Phoenix, AZ for the settlement he procured on behalf of his clients who were severely injured when an 18-wheel semi-truck driver negligently struck his clients' F150 truck.
The collision occurred on a two-lane highway on the San Carlos Apache Reservation in Peridot, Arizona. The adult driver of the pickup truck was slowing to make a left turn, onto a dirt road, when an 18-wheel semi-truck, carrying sulphuric acid, attempted to pass by entering the westbound oncoming lane of traffic. The 18-wheeler struck the 1997 Ford F150 in mid-turn. The F150 rolled and the minor plaintiffs, 6 and 16 years-old, were ejected from the bed of the pickup truck.
The 16 year-old plaintiff suffered a traumatic brain injury and multiple internal injuries (renal laceration, retroperitoneal hemorrhage), and orthopedic injuries including: a right knee avulsion fracture and complex pelvic fractures requiring ORIF surgery. The 6 year-old suffered a severe closed head injury (GCS 3), epidural and subdural brain hemorrhages, bilateral frontal skull fractures and bilateral femur fractures requiring ORIF surgery, among other injuries.
The defense team contested liability and held that both boys had recovered exceptionally well from their traumatic injuries. Mr. Worischeck commissioned MediVisuals to create exhibit boards detailing the injuries suffered by both boys. During mediation, the exhibits were placed beside the defense counsel and their insurance representative. The defendant offered the entire $ SIX-MILLION dollar policy limit and the case was settled for that amount.
Mr. Worischeck collaborated with MediVisuals, Inc. to develop multiple exhibits, including those shown below, to clarify and emphasize the plaintiff's injuries and surgeries.
Posted January 2013
$3,250,000.00 Settlement – Slip and Fall Involving Held Infant
Congratulations to Leila Kilgore of Kilgore & Smith in Fredericksburg, VA and Michael Phelan of Phelan, Krudys, Petty, PLC in Richmond, VA for the settlement they received on behalf of their client, an infant who sustained a head injury when his mother, who was carrying him, fell. The infant plaintiff’s mother suffered a slip and fall while carrying the plaintiff from a carpeted area onto a tiled floor. The owner of the premises had opened the area to the public despite a previous deep cleaning that left the carpet wet. The four-month-old infant struck his head on the right side during the fall leaving him with absence seizures, mild left-side hemiparesis, right visual neglect, and some social development delays. The defense experts testified that only the absence seizures were related to the incident, claiming the brain lesions found with MRI were clinically insignificant. Ms. Kilgore and Mr. Phelan entrusted MediVisuals, Inc. to develop an exhibit recreating the circumstances and results of the fall.
Posted December 2012
$656,000.00 Verdict - Motor Vehicle Crash with Disputed Liability
Congratulations to Todd Romano, Esq. of Romano Law Group (www.RomanoLawGroup.com) and Thomas A. Robes, Esq. of Bogani & Robes, LLP (www.BoganiandRobes.com) in West Palm Beach, Florida for the verdict rendered on behalf of their clients in Palm Beach County, Florida on Friday, December 7, after a 5-day jury trial. The case was a disputed liability, intersection collision case resulting in a t-bone crash. The parties each claimed they had the green light, the single eyewitness was unable to testify as to who had the green light, and the investigating Trooper did not document any physical evidence from the scene.
The plaintiff driver suffered a grade III separated left shoulder with labrum tear, trauma to his right leg that resulted in Deep Vein Thrombosis, and aggravation of a pre-existing lower back injury. The plaintiff's wife, who was in the passenger seat, suffered a broken rib and 2 non-displaced transverse process fractures in her lower back.
At the close of the evidence, the plaintiff husband was given partial directed verdict on causation and permanency for the left shoulder injury and the DVT. The defendant driver was found 75% liable and the husband was attributed with 25% liability. The jury gave past and future economic damages to the husband in the amount of $513,000 and found causation and permanency for his wife giving her approximately $143,000 in past and future economic and non-economic damages.
Mr. Romano and Mr. Robes entrusted MediVisuals to provide exhibits explaining both the husband's and the wife's injuries, and utilized the exhibits with the treating physicians and in summation.
Posted December 2012
$1,750,000.00 Settlement - Mistakenly Severed Ulnar Nerve
Congratulations to Eric Parker, Esq. and Susan Bourque, Esq. of Parker Scheer, LLP (www.parkerscheer.com) in Boston, Massachusetts for the settlement they reached on behalf of their client, who suffered complete ulnar nerve transection during a procedure to remove a mass from the man's bicep.
Once the surgery was underway, the defendant doctor acknowledged the potential for nerve disruption and even requested a consult from another doctor due to her own misgivings. Neither the defendant doctor nor the consulting doctor was sure of the diagnosis or innervation of the mass. Regardless, the defendant doctor continued with the removal procedure, and consequently, she completely severed the plaintiff's right ulnar nerve.
Despite immediate emergency attempts at repair, the transection left the plaintiff with partial and permanent paralysis of his right arm and hand. The plaintiff was previously employed as a heavy equipment operator and as a result of his injury, is unable to work.
The plaintiff team held the position that the defendant doctor was negligent in her decision to continue with the procedure after encountering a mass with unknown nerve involvement. A Schwannoma, the type of mass found in the plaintiff, can be successfully removed without nerve damage by surgeons with experience handling this type of intra-muscular mass.
Mr. Parker and Ms. Bourque entrusted MediVisuals to provide exhibits explaining the type of mass the surgeon encountered and the procedure used to remove it.
Posted November 2012
$1,150,000 Settlement - Multiple Injuries from Motor Vehicle Collision
Congratulations to Todd Clement, Esq. of The Clement Firm in Dallas, Texas for the settlement award he obtained on behalf of his client who was injured in a collision when a truck driver negligently turned left at an intersection in front of his client’s oncoming pickup truck.
After a lengthy extraction from his crashed vehicle, the plaintiff was flown by helicopter ambulance to ETMC Tyler, TX. He sustained multiple injuries including a right grade 3 open tibia fracture, right fibula fracture, malleolus fracture, multiple right posterior and medial rib fractures, and a left orbital floor fracture. Multiple surgeries and significant medical follow-up care was required.
The collision was actively investigated by Clement’s accident reconstruction team who were able to download the black box of the plaintiff’s vehicle to prove that he was traveling just under the speed limit in the seconds before the wreck and that the other driver had no excuse for turning into the plaintiff’s lane of travel. Proof of damages in the case was complicated by the fact that the plaintiff was not wearing his seatbelt.
Mr. Clement partnered with MediVisuals to develop several exhibits, including the ones shown below, to help demonstrate the plaintiff's injuries and surgeries. He utilized these exhibits in a video interview with the treating orthopedic physician to explain the severity of the initial injuries, the resulting medical treatment and the physiological basis for the plaintiff’s current and future pain and impairment. He also used the seven-foot tall Life-Sized demonstrative exhibit depicting the plaintiff's multiple traumatic injuries in mediation and received compliments from the experienced defense adjusters regarding its effectiveness.
Posted October 2012
$325,000 Verdict - Slip and Fall Results in Broken Ankle
Congratulations to Lee Levenson and David Knight of Steinger, Iscoe, and Greenein West Palm Beach, Florida who, after a recent five-day trial, received a jury verdict of $325,000 in a case involving an ankle injury and fibular plating from a slip and fall. The plaintiff was a 32-year-old mother of five who fell down several steps at a condominium complex. Mr. Levenson and his trial team proved that the stairs were unsafe and the cause of the fall. The defense argued that the plaintiff's own negligence resulted in her injury (her weight was around 240 pounds at the time and she was wearing flip flops). The pre-trial offer was $30,000 which was approximately equivalent to medical bills and lost wages.
Mr. Levenson and Mr. Knight entrusted MediVisuals to develop exhibits to help demonstrate the initial injuries and the invasive surgical procedure that was required to reduce and fixate the fractured fibula.
Posted October 2012
$28,500,000 Verdict - Traumatic Brain Injury from Head Butt
Congratulations to Douglas Beam, Elizabeth Zwibel, John Romano, Dustin Herman, and Riley Beam for the verdict they obtained on behalf of a man who sustained a diffuse axonal injury that left him with permanent brain damage. The final pre-trial offer, after a plaintiff demand of $5.25 million, was $25,000 to the injured man and $75,000 to his wife and children.
After witnessing a motor vehicle collision, the plaintiff stopped to offer his assistance to the drivers. During the interaction, the at fault driver, a general sales manager of a car dealership where the incident took place, attacked the plaintiff, head butting him and causing him to pass out, hitting his head on the concrete. The dealership was found to be vicariously responsible.
This injury left the plaintiff with permanent brain damage, which developed into dystonia. He now has uncontrollable muscle spasms in his neck and throughout his body. Injections, surgery, and deep brain stimulation are all needed to treat this condition.
The diagnostic studies taken after the incident were negative, and the defense contended that the plaintiff suffered from various conditions before the injury even occurred, including depression and bipolar disorder. The defense also argued that the there were significant gaps in treatment.
Trial consultant Harvey A. Moore, Ph.D, assisted the legal team during the course of the two-week trial. The plaintiff called a grief and bereavement expert to testify regarding the effect of the brain injury on the man, his family, and his life. The team also entrusted MediVisuals to create many exhibits, including the ones below, to show the extent of the injuries as well as the required treatments the man underwent.
Posted September 2012
$6,721,102 Verdict - Pedestrian Struck by Vehicle in Crosswalk
Congratulations to Harlan Wittenstein, Esq. of Wittenstein & Associates in Brooklyn, New York for the verdict he secured for his client, a pedestrian who was struck by a vehicle while in a crosswalk.
The incident resulted in multiple severe open fractures of both the tibia and fibula, which required surgery to repair. The severity of the breaks was such that the plaintiff will be left with permanent pain and limitations. In addition, the plaintiff also suffered a mild traumatic brain injury that left him with profound cognitive defects.
Mr. Wittenstein utilized exhibits developed by MediVisuals to demonstrate the nature and severity of his client’s injuries and subsequent surgery. The exhibits were also used to back up expert testimony concerning the nature of the incident as there was a dispute over whether the plaintiff had been hit by the front of the vehicle or merely side swiped.
Posted August 2012
$7,000,000 Settlement - Traumatic Brain Injury from Motor Vehicle Collision
Congratulations to Joseph O'Connor, Esq. of Mainetti, Mainetti, & O’Connor, P.C. in Kingston New York for the settlement he reached on behalf of his client, the mother of a girl who was just 2 years old when she was badly injured in a motor vehicle collision.
The vehicle the girl was riding in was stopped on the shoulder of the highway when another vehicle struck it from behind. The girl sustained a fractured skull and a traumatic brain injury as a result.
Mr. O’Connor entrusted MediVisuals to develop exhibits that showed the nature of the girl’s injuries as well as her treatment.
Posted July 2012
MediVisuals Discovers “Smoking Gun”, Case Settles for $3,500,000.00
Congratulations to Justin S. Kahn, Esq. of Kahn Law Firm, LLC in Charleston, South Carolina for the settlement he obtained on behalf of a 33-year-old woman who sustained spinal nerve root injuries from the negligent placement of a pedicle screw during a thoraco-lumbar fusion procedure.
Mr. Kahn argued that, during surgery, one of the pedicle screws was placed incorrectly, pierced the central canal at L2, entered the thecal sac, and injured several of the nerve roots in the cauda equina. Imaging studies taken months after the surgery clearly showed the screw in the central canal at L2.
Although there had been film studies done while the client was still in the hospital, none of the corresponding radiology reports mentioned a misplaced screw. Because the plaintiff had a weakened bone condition that required the surgery, the defense argued that the screw was properly placed initially and had eroded or migrated through the pedicle over time to eventually come to rest within the central canal. The problem: how to show and convince the jury that the screw was improperly placed from the beginning.
Mr. Kahn entrusted MediVisuals to create several exhibits to help support and illustrate his arguments. As Medivisuals' illustrators researched the records and applied their usual due diligence and problem solving skills, they examined a series of radiological scans that had been taken just days after the surgery which clearly showed the pedicle screw within the spinal canal. The radiologist had not identified this important fact and had therefore not included it in the report. All subsequent experts had deferred to this report rather than look at the films themselves, except the expert medical illustrators at MediVisuals.
Using the “smoking gun” images found by MediVisuals, Mr. Kahn was able to contradict the defense during a video deposition of the defendant surgeon. When Mr. Kahn showed the doctor the images that MediVisuals had brought to light, the doctor was visibly and emotionally shaken. The defense case did not hold water. After a brief break, the doctor finally admitted that based on these new findings, the screw did not migrate but rather must have been placed “improperly” from the onset..
Armed with the newly discovered “smoking gun” radiological studies and illustrations by the MediVisual team, Mr. Kahn’s successful mediation obtained a $3.5 million dollar settlement for his client.
Posted October 2011
$2,870,000 Verdict - Multiple Injuries Sustained from Fall at Work
Congratulations to David Perecman, Esq. of The Perecman Firm, P.L.L.C in New York, NY for the award he obtained on behalf of a 55-year-old man who suffered significant injuries as a result of a fall at work.
The plaintiff sustained a right shoulder dislocation, a complete rotator cuff tear, a left knee medial meniscal tear, and grade 3 chondromalacia of the medial patellar articular cartilage. After failed conservative treatment, the plaintiff underwent several surgical procedures including an arthroscopic debridement and partial meniscectomy. Mr. Perecman used multiple MediVisuals exhibits, including the images shown below, to demonstrate the plaintiff's injuries and surgical procedures.
Posted October 2011
$10,500,000.00 Verdict - Improper Use of Laryngeal Mask Airway
Congratulations to Sean K. McElligott, Esq. of Koskoff Koskoff & Bieder, P.C. in Bridgeport, CT, for the award he obtained on behalf of a 44-year-old woman who suffered significant injuries as a result of negligent improper placement of a laryngeal mask airway. The plaintiff’s morbid obesity contraindicated the use of a laryngeal mask airway over cuffed tracheal tube ventilation. However, the defendants chose to use a laryngeal mask airway and as a result, the plaintiff aspirated stomach contents into her lungs which lead to the development of acute respiratory distress syndrome, hypoxic brain injuries and a prolonged comatose state along with many permanent injuries and complications.
The verdict and recovery are particularly significant because this was the highest personal injury verdict ever obtained in New London County, Connecticut. MediVisuals was entrusted to develop several exhibits to demonstrate the plaintiff’s injuries, including the ones shown below.
Posted September 2011
$4,500,000.00 Settlement -
Construction Worker Disfigured by Defective Product
Congratulations to Steve Norris, Esq. and Geraldo Cantu Esq. of Norris & Cantu, LLC in Houston, Texas, for the award he obtained on behalf of a 35-year-old construction worker who was severely injured when a 48-900-S horizontal auger boring machine, manufactured by American Augers Inc., became obstructed and stopped rotating, causing it to roll over and pin the plaintiff between it and a steel wall.
The plaintiff sued American Augers, claiming products liability for the defective design which lacked a deadman tether switch, an electric/hydraulic clutch, and/or an outrigger system to prevent it from overturning. The defense denied that the design of the auger was defective, arguing that the design changes cited by the plaintiff would have affected the utility of the machine. They also stated that the plaintiff's employer had failed to provide adequate training and was a contributing cause to his injuries.
The plaintiff sustained bilateral mid-level fractures to his femurs, damage to his iliac artery and multiple pubic rami fractures. The left leg developed infections that lead to approximately 75 debridement procedures, ending with an amputation at the upper thigh and loss of his left testicle. The plaintiff was hospitalized for eight months and underwent an additional month of physical rehabilitation after being fitted with a prosthesis. Mr. Norris claimed that the plaintiff will require significant additional medical care in the future and sought compensation for past and future pain and suffering, physical impairment, disfigurement, medical expenses and lost income.
Frank Yeverino Esq., Scott Raines Esq., Craig M. Sico Esq., and Clif Alexander Esq. assisted the Law Firm of Norris & Cantu in obtaining the settlement for the plaintiff. MediVisuals developed several exhibits to help demonstrate the plaintiffs’ injuries, including the images shown below.
Posted September 2011
$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.
The plaintiff was admitted to the ER at 8:50 AM presenting with sharp pains in her upper back coupled with numbness and an inability to move her lower extremities. Defendant physicians ordered a lumbar MRI at 10:15 AM despite the fact that her symptoms were consistent with a thoracic spine injury. She was not seen by a neurosurgeon until approximately eleven hours after first arriving at the hospital and did not receive a thoracic MRI until four hours after seeing the neurosurgeon.
The eventual thoracic MRI showed a large T9 disc herniation compressing the spinal cord. Surgical decompression was not performed until 2:00 AM that night and was performed at the wrong level. A follow-up MRI showed the compression to be worse than the previous day and another decompression procedure was performed, this time at the proper level. The second decompression procedure resulted in a dural tear and cerebrospinal fluid leak.
Mr. Meyers argued that the delay in diagnosis and treatment resulted in permanent paraplegia that would have otherwise been avoided. Mr. Meyers also utilized several exhibits, including the ones shown below, to demonstrate these errors as well as the plaintiff's injuries and surgical procedures.
Posted September 2011
$207,000.00 Verdict After $25,000.00 Defense Offer - Rear-End Car Collision
Congratulations to Eiman Sharmin, Esq. of Sharmin & Sharmin, P.A.(www.sharminlaw.com/) and Lee Levenson, J.D. of the Romano Law Group (www.romanolawgroup.com/) in Lake Worth, FL, for the award they obtained on behalf of a 56-year-old laboratory quality control worker who was injured in a rear-end collision. Immediately following the collision, the plaintiff began to suffer from pain in his neck, back of the head, right upper extremity, middle back, lower back, and right lower extremity.
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.
Posted August 2011
$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.
Posted August 2011
$447,438.00 Verdict - First Plaintiff Medical Malpractice Verdict in Charles County Since 2003
Congratulations to Scott Bowling, Esq. and John Valente of Chapman & Bowling, LLC in LaPlata, Maryland for the verdict he obtained on behalf of a woman who sustained a bowel perforation during a laparoscopic procedure to address an ovarian cystic mass. Plaintiffs argued that the standard of care required surgery via an open approach instead of laparoscopic because of the plaintiff's medical history of a previous surgery, and documented severe adhesions in the region of the mass.
Despite knowledge of the plaintiff's history, the defendant surgeon neglected to proceed with an open procedure, or convert to an open procedure when encountering the adhesions via a laparoscopic approach. Plaintiffs argue that an open approach would have allowed the surgeon's a much better visual field and allowed direct palpitation of structures that would have prevented the bowl perforation. Although the recovery might be considered modest in some areas, the result is very significant because this was the first plaintiff medical malpractice verdict in Charles County, Maryland since 2003. MediVisuals was entrusted to develop several exhibits, including the ones shown below, to demonstrate the plaintiff's injuries.
Posted July 2011
$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 (firstname.lastname@example.org) and Dan Dalesandro (email@example.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.
Posted June 2011
$8,000,000.00 Settlement - Traumatic Brain Injury from Motor Vehicle Collision
Congratulations to Catherine Moncus, Esq. of The Walton Law Firm, PC
in Auburn, Alabama and Stephen M. Smith, Esq. of The Brain Injury Law Center
in Hampton, Virginia for the settlement they obtained on behalf of a 25-year-old woman who was injured in a motor vehicle collision. She sustained a traumatic brain injury, multiple fractures and lacerations, and damage to her spleen and right kidney.
Initial imaging studies demonstrated several areas of hemorrhage over of the surface of the brain and multiple small areas of hemorrhage throughout the brain, consistent with diffuse axonal injury.
Due to the extent of her brain injuries and the development of pneumonia, the plaintiff spent a prolonged amount of time in the hospital undergoing multiple invasive procedures. The procedures included fixation of her fractures as well as the placement of a ventriculostomy tube and an inferior vena cava filter. Despite some improvement over time, the plaintiff still exhibits behavior consistent with that of a 10-year-old.
Ms. Moncus and Mr. Smith utilized several MediVisuals exhibits, including the ones shown below, to demonstrate the extent of the plaintiff's injuries and surgical treatment.
Posted June 2011
$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.
The plaintiff sustained a fractured pelvis and rib as well as lumbar injuries that resulted in exacerbated spinal stenosis. He underwent a craniotomy for a subdural hematoma and still retains moderate cognitive residuals as a result of his injuries. The lumbar injuries necessitated several surgical procedures including bilateral laminotomies and decompression.
Mr. Bell and Mr. Paboojian entrusted MediVisuals to develop several exhibits, including the ones shown below, to help demonstrate the plaintiff's injuries and treatment.
Posted June 2011
$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
$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.
$17,000,000.00 Verdict – Multiple Traumatic Injuries to Motorcyclist
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 helmeted motorcyclist who was severely injured in a motor vehicle collision.
The plaintiff sustained multiple injuries, with the most significant being fractures to his mandible, left wrist and right ankle/foot. All of the fractures were treated surgically; however, the severity of the plaintiff's ankle/foot fractures left him with multiple post-traumatic changes. Experts indicated that he will likely require multiple future surgical procedures, including possible amputation of his foot.
Mr. Odom and Ms. Masella used multiple MediVisuals exhibits, including the ones shown below, to help demonstrate the plaintiff's injuries and surgical procedures.
$16,028,324.26 Verdict - Multiple Traumatic Injuries from Motor Vehicle Collision
Congratulations to Tom Crosley, Esq. of the Crosley Law Firm, P.C. in San Antonio, Texas for the verdict he obtained on behalf of a 46-year-old master plumber who was involved in a partial offset head on collision with a tractor trailer. The plaintiff sustained multiple injuries which necessitated a single level cervical fusion and rotator cuff repair; however, the primary injury was a mild traumatic brain injury.
The issue of the traumatic brain injury was vigorously contested by the defense. Plaintiff's counsel successfully introduced the results of MEG testing done in support of plaintiff's case. 38 witnesses testified during the 7 day trial, including 17 experts (both plaintiff and defense), and numerous family members and friends. Although each witness had a different story to relate, the gist of the testimony from the family members and friends was that the plaintiff is no longer the same person since the collision.
A vocational expert, with experience in placing TBI survivors into the workforce, testified that the plaintiff would likely be unemployed about 50% of his remaining work life expectancy as a result of the TBI (due to issues involving mood, personality, attention, and memory), and that he would earn less than his full capacity when he was working.
Mr. Crosley used multiple MediVisuals exhibits, including the ones shown below, to help demonstrate the plaintiff's injuries and surgical procedures.
Posted February 2011
$3,000,000 Verdict - Traumatic Brain Injuries and Facial Trauma from Motor Vehicle Collision
Congratulations to Stephen M. Smith, Esq. of The Brain Injury Law Center in Hampton, Virginia for the award he obtained on behalf of a 22-year-old woman who sustained traumatic brain injuries and facial trauma when a dump truck struck her car.
The plaintiff was initially diagnosed with multiple injuries, including: a left corneal abrasion, several fractured teeth, mild traumatic brain injuries, and multiple facial lacerations with embedded glass fragments. In the weeks and months following the collision, the plaintiff also demonstrated headaches, tinnitus, double vision, anxiety, depression, positional vertigo, and problems with memory, attention and new learning.
Initial imaging studies were interpreted as negative for evidence of brain injury; however, positive findings for brain injury were found using a high-resolution MRI that was arranged by the plaintiff's attorney and health care providers four years after the collision. The imaging studies showed subtle findings consistent with shear and traumatic axonal injury. Convincing proof that the plaintiff's neuropsychological deficits were a direct result of the collision was established by correlating the initial forces of the collision with the MRI findings and with neuropsychological evaluation findings.
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. To view more Traumatic Brain Injury exhibits, please visit MediVisuals Traumatic Brain Injury Webpage.
Posted January 2011
$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.
Posted January 2011
$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.
Posted December 2010
$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.
$8,000,000.00 Verdict - Child Suffers Traumatic Brain Injuries from Seatback Failure
Congratulations to Robert Langdon, Esq., Adam Graves, Esq., and Phyllis Norman, Esq. of Langdon & Emison in Lexington, Missouri for the verdict they obtained on behalf of a child who was injured when a seatback failed during a motor vehicle collision.
The case involved a 5-year-old girl who was properly restrained in her car seat behind her grandmother. The vehicle was rear ended while sitting at a red light. During the collision, the grandmother's seatback failed and collapsed backwards, causing her head to be propelled into the girl’s head. As a result, the girl suffered multiple skull fractures and a massive injury to the left frontal lobe of her brain.
The plaintiff now suffers from permanent partial paralysis to the right side of her body as well as an injury to a left eye nerve, which prevents that eye from tracking in concert with her right eye. Her most significant injury however, is the permanent damage to the left frontal lobe of her brain, which controls her higher learning, speech and thought process. The girl's treating physician testified that the she will not progress cognitively much beyond that of an adolescent, will never function as an independent adult, and will require assistance for the rest of her life.
Plaintiff’s expert testified that the grandmother's seat was defective in design because the design allowed a twisting of the seat back in a rear-end collision. Consequently, this twisting would allow the plates of the recliner to separate and cause the seat to collapse backwards into a rear seat occupant. He also testified that a simple and inexpensive design alteration to include dual recliners would have prevented the seat failure.
The seat designer and manufacturer (defendant) agreed that their own pre-production testing showed that the seat would fail just as it did in this collision. Surprisingly, the defendant's Corporate Representative and seat expert testified that he had no opinion on whether the seat was defective and that he does not design seats with rear occupants in mind.
Following the week and a half trial and 6 hours of deliberation, the Platte County jury returned a verdict of $8 million in favor of the plaintiff. This is believed to be the largest verdict against the defendant for a seatback failure case.
MediVisuals was entrusted to develop several exhibits, including the ones shown below, to demonstrate the plaintiff's injuries.
Posted December 2010
$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.
Posted December 2010
$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.
$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
Posted October 2010
$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.
Posted October 2010
$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.
$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.
Posted July 2010
$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.
Posted July 2010
$1,500,000.00 Settlement - Traumatic Brain Injury Caused by Road Safety Device
Congratulations to Jim Schaefer, Esq. of Schaefer // Shapiro in Omaha, Nebraska for the settlement he obtained on behalf of a man who was injured while driving on Interstate 80. A five pound piece of metal and concrete smashed through the plaintiff's windshield and hit him in the head.
The object was a snowplowable pavement marker (reflector) that is embedded in the road and "illuminates" highway lanes at night. From the impact, the plaintiff sustained skull fractures and a severe traumatic brain injury, for which he underwent multiple invasive brain surgeries.
In addition to the plaintiff's settlement, this case also prompted the State of Nebraska to remove all the snowplowable markers in the entire interstate system in Nebraska, at the cost of $1,400,000.
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.
Posted April 2010
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.
Posted February 2010
$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.
Posted February 2010
$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.
$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.
Posted January 2010
$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.
Posted March 2009
$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.
Click here to see MediVisuals' NEW Cervical Epidural Injection animation
Posted March 2009
$3,987,000.00 Verdict - Pedestrian Struck By a Bus
Congratulations to Marc L. Breakstone, Esq., of Breakstone, White and Gluck, P.C. in Boston, Massachusetts, for the award he obtained on behalf of a 58-year-old woman who was struck by a bus while walking in a crosswalk. The plaintiff had the crossing signal, while the bus had a green light and was turning left across the crosswalk. The bus struck the plaintiff, knocking her to the ground, and the left front tire ran over the plaintiff’s right upper thigh. She was rushed to a local emergency department where her right lower extremity was amputated approximately eight inches below the hip. Liability was disputed by the defendant, who claimed that the plaintiff negligently failed to see or hear the bus before it struck her. At trial, the defendant argued that other pedestrians had seen and/or heard the bus and retreated to the sidewalk, but that the plaintiff continued in the crosswalk and walked into the side of the bus. The only independent witness who testified at trial stated that upon hearing the impact of the bus on the pedestrian, the witness observed the driver looking to his right and speaking to a passenger as the bus as turning left. The bus driver testified at trial that he continually scanned the roadway, looking left, forward and right, but never saw the plaintiff until after the impact. The incident was investigated by the police and the bus driver was cited by the police for failing to yield to a pedestrian in a crosswalk. At trial, the driver and the defendant's liability expert admitted the accident was the driver's fault. The police officer admitted that the accident was a result of the bus driver’s failure to yield to the plaintiff in the crosswalk, and the bus operations spokesperson admitted that the driver failed to adhere to the bus training guidelines in the manner in which he executed the left-hand turn. Notwithstanding these admissions, the defendant maintained throughout trial that the accident was the fault of the plaintiff. Following a two-week trial, the jury deliberated for two days and returned a verdict for the plaintiff. The jury found the defendant 100% at fault. The defendant disputed the extent of the plaintiff’s damages and expert witnesses were presented on both sides with regard to the future life care needs of the plaintiff. It was undisputed that the plaintiff had twice been fitted for prosthetic limbs, but was unable to utilize the prosthetic limbs because of her severe phantom limb pain and stump pain. As a result, the plaintiff will be restricted to a wheelchair for the remainder of her life. She will require a personal care attendant with all activities of daily living.
$4,950,000.00 Settlement - Worker falls from roof
Congratulations to Robert Mongeluzzi, Esq., Eunice Trevor, Esq., and Andrew Duffy, Esq. of Saltz, Mongeluzzi, Barrett & Bendesky, P.C. in Philadelphia, PA for the $4,950,000 settlement they obtained on the behalf of a roofer who was paralyzed from a 40 foot fall. The plaintiff was injured when he fell through an asbestos concrete roof he was replacing and bounced off a large metal furnace on his way down, which compressed his spinal cord. He claimed that the prime contractor that hired him did not inform him of the poor condition of the roof or advise him to use fall-protection devices. The defense claimed that the prime contractor had no duty to do so since the plaintiff was an independent contractor. The plaintiff’s counsel argued that since the prime contractor retained control of the job, they had a legal responsibility to make sure the plaintiff was well informed and well protected. Mr. Mongeluzzi, Ms. Trevor and Mr. Duffy used multiple MediVisuals exhibits, including the one shown below, to help demonstrate the plaintiff’s most significant injuries and surgeries.
$1,327,241.54 Jury Award - Femur Fracture from Motor Vehicle Collision
Congratulations to Kenneth L. Shigley, Esq. of the Shigley Law Firm, LLC in Atlanta, GA for the verdict he obtained on the behalf of a man who sustained a severe femur fracture from a motor vehicle collision. Mr. Shigley had asked the jury to award the plaintiff $1,327,241.54. However, after asking the judge if they were bound by that amount, the jury of rural Gordon County, Georgia awarded the plaintiff $2,345,940.17. The county’s highest previous verdict was $800,000. As the result of a large truck striking the plaintiff’s pickup head-on, he was left with a Type II open segmental fracture of his left femur. This injury required open reduction, internal fixation surgery, which did not heal properly. A second surgery involved the removal of hardware, multiple osteotomies, percutaneous fixation and bone graft placement. Mr. Shigley used multiple MediVisuals exhibits, including the one shown below, to help demonstrate the plaintiff’s injuries and the details of his extensive surgeries.
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