$1.8 Million Settlement
Medical Malpractice Case
This medical negligence action involves Defendants’ negligent failure to appropriately diagnose Plaintiff as suffering from endometriosis before performing a robotic-assisted laparoscopic abdominal hysterectomy in 2013. Because Defendants failed to confirm the diagnosis preoperatively, and the postoperative pathology conclusively showed no endometriosis, Plaintiff, then age 34, underwent a surgery that was neither clinically indicated nor medically necessary. Furthermore, while performing the hysterectomy, Defendant Physician failed to recognize and treat an intraoperative injury, namely a jejunal (small bowel) perforation. As a result, Patient became septic, and went into organ failure. Patient was ultimately admitted to the hospital for four months, during which time she underwent thirteen (13) separate surgeries. Patient still requires two additional surgeries to repair a large abdominal defect resulting from the delayed diagnosis.
$1.75 MILLION SETTLEMENT
Medical Malpractice Case
In September, 2014, Kentucky personal injury attorney, Seth Gladstein, obtained a $1.75 million settlement on behalf of his clients in case pending in Jefferson (Kentucky) Circuit Court. The recovery was issued for damages resulting from two radiologists and a pulmonologist’s negligent failure to timely diagnose and treat the client’s lung cancer. The case, which according to Gladstein involved a number of medical issues, was significant because of the amount, and difficulty, of the medical issues presented.
Inmate negligence results in death
On 8/1/2013, Gladstein Law Firm achieved an $960,000 settlement in a prison rights case, involving claims of negligent provision of medical care to a woman suffering from severe heroin withdrawal. Due to the defendant’s negligence, the decedent, then age 27, died from dehydration while she was incarcerated in a Kentucky jail. All settlement proceeds will go to the decedent’s three minor sons.
From the Courier-Journal Newspaper:
The city has agreed to pay $160,000 to the family of a heroin addict who died in 2012 while detoxing at the city jail. Savannah Sparks, 27, received scant medical attention for days, despite obvious signs of a fierce withdrawal, Louisville Metro Police investigators found. Mark Bolton, director of the Louisville Metro Department of Corrections, acknowledged that Corizon, the company contracted to provide inmate health care, was ill-prepared to handle the heroin epidemic that exploded in early 2012. In the wake of Sparks’ death, Bolton said, the jail overhauled its system for dealing with detoxing inmates. It trained its staff to better screen for and monitor withdrawal symptoms. Corizon is no longer used for medical services.
Failure to diagnose prostate cancer
This Kentucky medical malpractice case involved a medical provider’s negligent failure to timely diagnose prostate cancer in a 51 year-old man. It was alleged that the medical provider failed to timely act upon an abnormal blood test, which was highly suggestive of prostate cancer. When the patient’s prostate cancer was finally diagnosed over one year later, the tumor had unfortunately escaped the prostate and spread into the nearby anatomical structures. As a result, the patient now suffers from permanent urinary problems.
Mr. Gladstein represented the family of a man who was murdered by a temporary employee who had been assigned to the same facility. The staffing agency, which placed the temporary employee, failed to disclose his violent past before assigning him. Mr. Gladstein’s clients and the staffing agency reached an out-of-court settlement.
Negligent failure to diagnose a stroke after aneurysm surgery case
In this case, Mr. Gladstein’s client underwent an endovascular procedure to treat a cerebral aneurysm. Approximately four days after surgery, his client began experiencing clinical signs and symptoms of an impending stroke. She thus called her doctor’s office several times. Each time, the client was advised she had nothing to worry about. Ultimately, the client suffered a stroke, which left her without use of her leg, which prevents her from performing her physical labor job.
Mr. Gladstein recovered $300,000.00 for the survivors of a woman who died shortly after receiving a medication to which she was allergic.
Negligent failure to diagnose a fatal heart condition
While being examined at her local emergency room, Mr. Gladstein’s client underwent an electrocardiogram (“EKG”), which showed second-degree heart block. Heart block is a problem with the heart’s electrical system, and is potentially fatal. The ER physicians either misinterpreted the EKG, or ignored the condition, as they failed to call for a cardiology consult before discharging the client. The client returned to the same ER approximately 15 hours later, and underwent a second EKG. That test showed the client’s heart block had worsened. Again, however, the attending ER physician failed to order a cardiology consult, or placed an external pacemaker on the client. As a result, the client suffered a heart attack, which left her with severe brain damage. Several days after suffering the heart attack, the client passed away.
Workplace Injury/Premises Liability
Mr. Gladstein’s client suffered extensive injuries, including spinal and facial fractures, after falling while working as an independent contractor for a local company. The company failed to provide Mr. Gladstein’s client fall protection, which would have prevented the accident and its resulting injuries.
Motor Vehicle Accident Case
Attorney Seth Gladstein obtained a $150,000 settlement for a client. This case involved a $100,000.00 policy limits motor vehicle accident case. In the crash, the client, age 48, suffered a patellar (knee cap) fracture, which required surgery and inpatient rehabilitation. The client also suffered sternal and rib cage injuries. In addition, she missed a significant amount of work while recuperating from her injuries.
Nursing Home Negligence
Mr. Gladstein represented the estate of a woman who died after suffering extensive injuries, including facial and neck fractures, after falling during a physical therapy session at the nursing home where she lived.
Motor Vehicle Accident Case
Car accident during which Mr. Johnson suffered a severe foot fracture requiring two surgeries, a sternal fracture, and a concussion. The foot fracture still causes Mr. Johnson pain, and prevents him from completing his activities of daily living.
Mr. Gladstein’s client suffered an elbow fracture, which necessitated surgery, after falling on city curb, which had not been repaired. The city’s engineer knew about the defect, but failed to take any steps to warn the public about it, such as placing a simple rubber cone.
Car Accident Case
Mr. Gladstein able to obtain a pre-litigation settlement for his client, who was a restrained passenger in a rear end collision. The client suffered neck and shoulder problems in the accident.
CONFIDENTIAL SIX-FIGURE SETTLEMENT
Nursing Home Abuse Case
In this case, the client, a nursing home resident, died after being ejected from his hospital bed when it collapsed.
CONFIDENTIAL FIVE-FIGURE SETTLEMENT
Insurance Bad Faith Case
This case involved an insurance company’s failure to acknowledge, must less attempt settle, Mr. Gladstein’s client’s property damage claim after a car accident. There, the insurance company knew the client had made a property damage claim, but failed to attempt to settle the claim for almost three years.
Medication Error Case
Mr. Gladstein’s client received the wrong prescription medication from a local pharmacy. As a result, the client suffered some physical side effects.
Insurance Bad Faith Case
This case involved an insurance company’s failure to offer a reasonable settlement to a person injured in a car accident where there was no question as to liability.