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Recent Cases |
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Below is a summary of some of our recent case results. Please understand that past results are not indicative of the outcome in any future case. Each case is decided based on its own unique set of facts and laws applicable to that case.
Moukawsher
and Walsh recently scored two recent victories against local
hospitals
In one case, Attorney Mike Walsh represented a 26 year old
woman who was admitted to the hospital with complaints of kidney
pain. Additionally, the woman was 8 ½ months pregnant.
As the woman was being transported in a stretcher onto an elevator,
the elevated head of the stretcher slammed down, resulting
in a permanent neurological injury to the woman. Internal hospital
policies, obtained by Moukawsher and Walsh, showed that patients
were always supposed to be transported with the stretcher in
the fully reclined position. Additionally, the hospital admitted
that the stretcher was one of the oldest stretchers in the
hospital, and they could provide no explanation as to why the
stretcher collapsed. After the lawsuit was filed, and after
depositions were taken, the lawsuit settled, and the terms
of the settlements remain confidential.
In another case, Attorney Lincoln Woodard represented a 36 year old woman whose
shoulder was severely damaged because the hospital nurses provided her with the
wrong discharge instructions after she underwent outpatient shoulder surgery.
She had just undergone rotator cuff surgery and before she left the hospital
she was given verbal and written instructions to perform certain exercises immediately
as a critical part of her recovery. The instruction sheet was outdated and pertained
to a different, less intrusive surgery than the one performed. The woman attempted
to perform the prescribed exercises the day following her surgery and tore out
her stitches, ruined the surgery, and had to undergo three subsequent surgeries
to try and repair the damage. She was left with severe discomfort and limitations
in the movement and strength of her shoulder as a result of the failed procedures.
She was unable to return to her job as a certified nurse’s aide. After
protracted litigation, the case was successfully settled to the satisfaction
of the client. The terms of the settlement are confidential.
Obstetrical
Malpractice
The most devastating injury that a baby can sustain during labor and delivery is intrapartum asphyxia, whereby the baby is deprived of oxygen as the baby descends down the birth canal. In many cases, such injuries are fully avoidable if the baby's condition is properly monitored and if critical information regarding the baby's condition is communicated in a timely fashion to the attending obstetrician so that emergency delivery measures can be undertaken.
Our office represented a young 21 year old woman who had become pregnant with her first child. Although she faithfully attended all of her prenatal visits, most of the time she was never seen by an obstetrician, but instead was evaluated by a midwife who was employed at the doctor's practice.
During the delivery of her baby, the baby's heart rate was monitored with a fetal heart rate monitor. The monitor clearly showed that the baby's heart rate was experiencing several significant changes, referred to as "decelerations", during the course of her labor. A change in the baby's heart rate is potentially very significant, as it can indicate that the baby is experiencing fetal distress, which is associated with the deprivation of sufficient oxygen to the baby.
Unfortunately, the midwife and the nurse, who were attending the patient, failed to note the decelerations and failed to communicate the decelerations to the attending physician in a timely fashion. When physician finally evaluated the patient, who had been in labor for several hours, he immediately performed an emergency c-section. Because the baby had been deprived oxygen during the labor and delivery, the baby was born with permanent damage to her kidneys.
Our office aggressively pursued a lawsuit on behalf of the mother, as well as the baby. During the course of the lawsuit, we obtained a copy of the computer printout from the fetal heart rate monitor, which depicted the heart rate of the baby in a graph format. We also obtained the monitor strip in digital format. The digital format included notations which had been made by the nurses during the course of the labor and delivery. In our analysis of the digital fetal heart rate monitor strip, we were able to detect that some of the entries on the strip were not made during the labor and delivery, but, in fact, six days later in the middle of the night.
The evidence which we obtained strongly suggested that six days following the delivery, in the middle of the night, the attending nurse accessed the hospital computer and added the comments, suggesting that she has notified the nurse midwife and the attending obstetrician of the fetal heart rate deviations during the course of the labor and delivery, when she had not done so. In essence, the nurse had altered the records after the fact in order to cover her negligence.
Our office ultimately obtained a verdict in the amount of $1.5 million to compensate our client and her baby for the injuries sustained to the baby's kidneys.
Construction Accident
Our firm recently represented a 22 year old college student, who was working on a construction site during his summer vacation. Our client sustained very serious head injuries when he fell through a hole that was allowed to remain open in the subfloor of a building that was under construction. One of the cardinal rules of construction is that open holes cannot be allowed remain uncovered during the construction of a building. If a hole is cut in an area where people walk, OSHA requires that the hole be immediately covered or roped off so construction workers do not inadvertently fall through the hole. During the course of their work, construction workers are frequently required to lift heavy things and walk forward and backward and are not in a position where they can immediately detect holes in the floor in their path. Thus, it is essential that such holes be protected at the construction site.
As a result of the hole being allowed to exist in an uncovered condition, our client, who was working his first day on the job, was caused to fall through a hole and drop eighteen feet, hitting his head on the concrete surface below.
Our firm ultimately obtained a settlement in the amount of $600,000 on behalf of our client.
Defective Products
Our firm recently represented the estate of a local dentist who had received fatal injuries while using a tractor in erecting a fence on his property. The tractor had been purchased from a local dealer and had a post hole digger attachment, used to dig holes for fence posts. Although the instructions advised the user to operate the post hole digger from the seat of the tractor, the post hole digger handle was not long enough to be reached from the seat of the tractor. Thus, the user was required to step off the tractor in order to reach the arm of the post hole digger. As our client was using the post hole digger, he became entrapped in the post hole digger and receive fatal injuries as a piece of fencing wire wrapped him around the post hole digger, causing a traumatic asphyxiation and crushing his chest. Unfortunately, this tragic incident was witnessed by his wife and 3 year old son.
Our firm brought a defective products action against the manufacturer of the tractor and the post hole digger on behalf of the estate of our client, as well as the wife and son. The litigation was pursued over several years, and involved the use of several experts throughout the United States, who testified on our behalf. The case was ultimately settled for the sum of $1.2 million.
Automobile Accidents
The most common form of case that our firm has handled in the past several years are injuries arising from automobile accidents. At Moukawsher & Walsh LLC, we aggressively pursue automobile accident claims on behalf of our clients. At the outset, we do everything necessary to preserve and analyze the evidence about how and why a collision occurred. We take the necessary steps to interview witnesses of the incident and to photograph accident scenes so that the evidence can later be used to recreate exactly how the accident occurred. Our office frequently retains expert witnesses to assist us in this regard.
We also take every step necessary to insure that all of the client's injuries are fully compensated. Not only do we fully document the medical treatment and medical bills for the injuries sustained, but we also collect information about how the injuries affect every facet of our client's life, as well as how it affects their ability to earn wages and live life to the fullest. Our firm seeks compensation for all of these items as we pursue these cases.
Our aggressive handling of these automobile accident cases ensures that our clients receive the highest settlements or verdicts possible under the law for the injuries they sustained. We have handled hundreds of these cases involving roadway injuries, as well as victims of drunk driving.
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