Medical Malpractice Cases
As a serious personal injury practice in Connecticut, the verdicts and settlements are as you might expect quite varied. As a result, the available resources needed to undertake the analysis and handle similar cases for you is made much easier. Details about most of the cases set forth below are available on line by linking to the party name search function of the connecticut judicial branch website (link or at least site address).The following represents only a sampling of case types sucessfully handled in Connecticut courts:
- Tornaquindici v John Keggi M.D. -Malpractice verdict against an orthopaedic surgeon resulting from hip surgery in which the patients femoral nerve was injured and surgeon defended on the basis that the injury inflicted was a complication not the result of surgical negligence. The jury did not accept that explanation and rendered a verdict in the amount of $557,000 in Waterbury Superior Connecticut(2004).
- Proctor v St. Francis Hospital et al - Malpractice settlements against several of the six named defendants arising out of a delay in diagnosis and treatment of a benign condition which resulted in legal blindness. Defense claims varied but a common theme was that Ms. Proctor would likely have lost her sight regardless of the claimed departures from the standard of care due to the rapidity of the onset of this illness. The exact amount of settlements and on whose behalf remain confidential but gross recovery well exceeded $2,000,000.Hartford Superior Court(2007)
- Sorano v Colon and Rectal Surgeons- Malpractice settlement arising out of a colon surgery that left the plaintiff with significant symptoms which he did not have before the surgery. The hospital could not produce the pre-operative film supporting the diagnosis and indication for surgery and the surgical technique chosen was challenged by Mr. Sarano as that operation was more commonly done for cancer which he did not have. Case settled following jury selection for a confidential six figure sum.Hartford Superior Court(2006)
- Phillips v Clement Industries- Products liability settlement arising out of a work related injury. Mr. Phillips was injured when struck in the head by a load binder which had been placed on the dump trailer's rear at the height of a six foot man's head. Since the load binder mechanism was known to snap back under force, placing it in the swing path of a man's head was a defective design. The manufacturer's CEO admitted at deposition that the dump trailer in question ought to have had a newer design on it where the steel bar handle would no longer have presented that risk.Settlement was $425,000. New London Superior Court(2006)
- Bezilla v Cloutier- Settlement shortly before trial arising out a motor vehicle collission. It was learned that the defendant motor vehicle operator had a depth perception impairment and her Opthamologist's testimony was preserved for use at trial. $875,000. Hartford Superior Court(2005)
- Dawson v New York Lighter Company- Settlement following a Plaintiff's Verdict arising out of an injury to a child when a lighter which had an inadequate child proof safety mechanism was lit by a four year old. The exclusive U.S. Importer/Distributor was sued as they brought in millions of these chinese manfactured lighters every year. For the burn injuries a post verdict settlement of $200,000 was reached.New london Superior Court(2004)
- Gregory v Royal Tire - Settlement following tire explosion which appeared the result of a malfunctioning tire inflation pressure gage where the needle did not move as air pressure increased to dangerous levels. The Defense hired a tire explosion expert who defended Firestone often in tire burst rollover litigation involving Ford SUV's. The case settled following that expert's deposition which was taken in Ohio for the sum of $225,000.New Britain Superior Court(2006)
- Ankrah v Zielinski-Court Judgement arising out of alcohol related motor vehicle accidnt in which Mr. Ankrah was a passenger. Settlement was reached with the Bar which sold alcohol to the driver to the point of intoxication seperately. The balance of the Court judgement which was not immediately collectible was obtained by obtainiing an injunction/lien against any proceeds to be derived from Mr. Zielinski's own personal injury case. $210,000. Hartford Superior Court(2006)
- Simone Jackson v Orthopaedic Associates - a medical malpractice settlement arising from wrist surgery in which the patient's ulnar nerve was inadvertantly lacerated. The surgeon initially claimed abberant anatomy as the reason that the nerve was injured. It was also maintained that this type of injury was a known complication and not necessarily an indication of negligence.Following grueling deposition and disclosure of expert opinions settlement was achieved at approximately $800,000.(2007).
- Occonor v Tulip Homes - a construction site injury involving the improper use of a ladder and failure to monitor the construction site. The defendant was the general contractor who claimed no knowledge or legal responsibility of the dangerous work site conditions which contributed to Mr. Occonor's fall through an open hole in the floor while tumbling off a ladder suffering serious and permanent injuries. Plaintiff was able to demonstrate that the close relationship between the general and sub contractor for which Mr. Occonor worked suggested that the general both knew and had an opportunity to intervene yet failed to do so. Settlement of 1.6 million(2008).
Connecticut Courts have also seen on a much less frequent basis extremely large personal injury awards. Two noteworthy areas where this has occured is in the realm of medical malpractice and construction injury cases,which are also handled by this office. It should be pointed out that the actual resolution of cases depends upon many factors involving variations of facts and state law