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February 2016 Archives

Doctor's family brings medical malpractice lawsuit

No one ever expects to be the victim of a medical mistake. When Pittsburgh residents goes to the doctor they expect the doctor will be able to make an accurate diagnosis or at least spend time investigating what could be wrong. But, thousands of people become the victim of a failure to diagnose a medical condition or other medical mistake each year. One such victim's family has brought a lawsuit that is set to go to trial next week.

Diagnostic errors can be serious

When Pittsburgh residents head to the doctor they expect that the doctor will get the diagnosis right. But, unfortunately, mistakes in a diagnosis happen every day across the United States and the chances are good that almost everyone will experience a diagnosis error. The failure to diagnose can lead to a worsened medical condition or even death.

Doctor Ignores Symptoms Of Brainstem Ischemia

The client was complaining of numbness and dizziness on admittance into the hospital. The doctor in question ignored neurological symptoms attributable to brainstem ischemia, which is a symptom of strokes. These symptoms should have been recognizable to the doctor. These symptoms should have been recognizable to the doctor." To "Rosen Louik & Perry's expert medical malpractice team concluded that these symptoms. The delay caused unilateral weakness on the left side of client's body. This case was settled for $550,000.00.

Doctor Mistakenly Removes Piece Of Ureter During Total Abdominal Hysterectomy

This is a client who had a 4 cm piece of the left ureter mistakenly removed while client's surgeon was removing lymph nodes as part of a total abdominal hysterectomy and lymph node dissection for endometrial carcinoma. The client required a major reconstructive surgery to correct the defect and will require monitoring throughout the rest of the client's life. Hysterectomy Malpractice claim was handled by Rosen Louik & Perry, Pittsburgh medical malpractice lawyers. This case settled for $500,000.00.

Doctors Casual Attitude Results In Preventable Heart Attack

The client suffered from an acute myocardial infarction (complicated by ventricular fibrillation). Rosen Louik & Perry proved that the doctor's casual attitude resulted in a preventable heart attack. The case settled for $425,000.00. 

Review

Wrongful Death and Survival Actions Pleading, Proving and Valuing

A. Wrongful Death Damages

Responsible Parties

Medical malpractice liability arising from birth defects (or injuries) is not limited to medical doctors/obstetricians. Such liability can extend to nurses, health care facilities, and others providing health care services to you or your baby. Following will provide you with some information about the liability of potentially responsible parties in a claim for birth defects (or injuries).

Frequently Asked Questions about Birth Injuries

Q: What's the difference between a birth defect and a birth injury?
A: Birth injuries are generally caused by something that went wrong during child delivery itself, while birth defects usually involve harm to a baby that arose prior to birth, due to something that happened during or before the pregnancy.

Cerebral Palsy & Erbs Palsy

Some of the most common birth defects (or injuries) are two very different conditions known as cerebral palsy and Erbs (or brachial) palsy. Both cerebral and Erbs palsy are often the result of complications during child delivery itself, though cerebral palsy can sometimes occur before or some time after delivery.

Prescription Medications

If you or a loved one is pregnant and taking (or thinking about taking) prescription medication, one of the best ways to make sure that use of the drug will not result in a birth defect (or injury) to your baby is to understand the prescription process, and prescriptions themselves. Prescription medications are helpful and often necessary, but they can also be confusing, dangerous, and expensive. The following contains information on how to read prescriptions, how to take them, and how to respect them.

Birth Injuries - An Overview

The birth of a child is often the most joyous time in a parent's life, and thankfully most child deliveries go as smoothly as expected, with any difficulties successfully overcome. Unfortunately, complications can arise during both pregnancy and delivery and these problems may result in temporary or permanent injury to the baby. In situations such as these where the harm was avoidable, it is important that the legal rights of both baby and parent are fully safeguarded.

ABC's of a Healthy Pregnancy

Not all birth defects (or injuries) can be prevented, but a woman can take some actions that increase her chance of having a healthy baby. Many birth defects happen very early in pregnancy, sometimes before a woman even knows she is pregnant.

Value of Homemakers

It's commonly believed that individuals suffering serious injuries can only recover money damages if they lose wages from a job held outside the home. But what about those whose main responsibility is taking care of the home?

The Contingent Fee

Many people don't consider hiring a lawyer because they think they all charge by the hour and at high rates. But in personal injury and medical malpractice cases, lawyers usually don't charge by the hour, they work on a contingent fee basis.

Don't Delay Filing a Suit

Statutes of Limitations for filing personal injury law suits are typically two years. But there are other good reasons for acting promptly.

Statutes of Limitation - Minors Tolling Statute

With few exceptions in Pennsylvania, adults must file suits within two years of an accident. But where a child is the victim, the law extends the time for filing until the age of 18. The law provides an opportunity to the children of Pennsylvania a two year period from their age of adulthood, eighteen, to pursue legal wrongs. Nevertheless, it is still important for parents to contact counsel early so that a child's rights may be best preserved. 

Statute of Limitations

This is a most important legal concept and it is CRITICAL that you understand what the term means. Simply stated, the statute of limitations defines the time-period during which a victim is legally entitled to file a lawsuit. Once the time-period established by the applicable statute of limitations expires, an injured individual is forever prohibited from seeking redress. Particular periods of limitation vary from state to state. In Pennsylvania, personal injury and medical malpractice suits must be filed within two years of the date of incident or from discovery of the wrong. Minors are provided more time as explained below. Individuals must act promptly to pursue their rights. Even if you have waited a long time, it is probably worth a phone call to counsel to determine if you may still have a viable claim. 

Pain and Suffering

Most injuries have economic consequences to the victim. For example, there may be unpaid medical bills, lost wages, nursing and child care expenses. These economic damages are quantifiable and can be awarded in a lawsuit. Frequently, the most significant injuries suffered by the victim cannot be quantified. These damages include pain and suffering, disfigurement, embarrassment, humiliation, and not being able to enjoy the pleasures of life. The experts in pain and suffering settlements are the twelve men and woman of the jury. After hearing all of the evidence during the trial, the jury is charged with the responsibility of determining the dollar amount of the pain and suffering settlement needed to fairly compensate victims for their injuries. 

Colon Cancer

Colorectal cancer, or cancer involving the human large intestine, ranks second only to lung cancer as the cause of cancer-related death in the United States. Each year, approximately 130,000 Americans are diagnosed with colorectal cancer, and 56,000 people die from this disease. Colorectal cancer generally occurs in patients over 50. Routine screening for colorectal cancer is considered the best means of reducing the mortality and morbidity produced by this disease.

Lung Cancer

Lung cancer is the leading cause of cancer death for both men and women in the United States. In 2001, it has been estimated that nearly 170,000 new cases of lung cancer were diagnosed and approximately 160,000 deaths were attributed to this disease. Despite the large number of diagnoses of lung cancer and resultant deaths, lung cancer can often be detected in its earlier stages and lives can either be significantly prolonged or saved. Lung cancer can be cured.

How to Choose a Personal Injury Attorney

As with all major decisions in life, the choice of an attorney to handle legal matters on your behalf can be very stressful. Although there are no rules to guarantee that your choice of a lawyer will be right, there are several factors that can assist you in selecting the right attorney for your case.

Prostate Cancer

Prostate Cancer Cases Pittsburgh - Prostate Cancer is currently the leading cancer diagnosis and the second-most-common cause of cancer-related death among men in the United States. Fortunately, since the 1990's, screening tests and superior therapies have produced a steady decline in the mortality and morbidity caused by this disease. Hopefully, these new developments will yield better ways of detecting and treating the cancer in the future.

Cervical Cancer

Prior to 1940, cancer of the uterine cervix was the leading cause of death from malignancies in women. Fortunately, there has been a dramatic reduction in the mortality from cancer of the cervix. Today, cervical cancer ranks sixth in cancer mortality. Most of this decline can be attributed to the early detection and treatment of lesions of the uterine cervix.

Breast Cancer

Cancer of the breast has received tremendous attention in our society. Today, cancer of the breast is a leading cause of death among women. Fortunately, breast cancer can be cured.

Negligence Verdicts

Young Girl Suffers Permanent Stomach Complications from Kid's Meal
This young girl contracted a food borne illness, E-coli, from eating a Kid's Meal at a popular fast-food restaurant. After the incident, the client suffered from the after-effects indicating gastric problems that required a very low-fat diet. The condition was permanent. The client experienced frequent severe stomach pain when she deviated from her strict diet due to the irreversible damage done to the pancreas. Rosen Louik & Perry attorneys were able to prove that the E-coli was introduced via the negligence of the fast food. The case was settled for $950,000.00.

Defective Product Verdicts

Man Fatally Injured By Rolling Vehicle
The client suffered fatal injuries after a 10-year old vehicle rolled backwards pinning the client between the vehicle and a telephone pole. The vehicle had a history of drifting backwards when the emergency brake was engaged. The vehicle manufacturer was sued for producing a defective product. The manufacturer denied liability and cited millions of products on the market with properly functioning brakes during the 10-year period since manufacturing. The case settled for $420,000.00.

Ob Gyn Fails To Properly Diagnose And Treat Breast Cancer Patient

Our client presented to her OB/GYN with a strong history of breast cancer and upon her discovery of a lump during a self-breast exam. The lump was palpated by her OB/GYN and she was told the lump was of no clinical significance. She had a mammogram which was interpreted as normal. Within months, after returning to her OB/GYN for a routine gynecological exam, her breast lump was again felt by her doctor and again she was assured it was not cancerous. She was diagnosed with breast cancer 15 months later. Rosen Louik & Perry proved that the radiologist had misinterpreted the original mammogram and that her OB/GYN was obligated to biopsy any palpable lump not explained as benign on a mammogram. The case settled for $1,125,000.00.

Patient Suffers From Pain and Leg Weakness Due to Improperly Placed Pedicle Screws

This client underwent surgery to alleviate chronic leg pain involving the placement of screws into the pedicles of client's spine. After the procedure, neurophysical monitoring was done to ensure the pedicle screws were properly placed. However, due to a technician's misreading of the monitoring data, it was determined that the screws were properly placed, when in fact they had not been. As a result, client's condition was exacerbated, causing client to develop new pain and leg weakness. Rosen Louik & Perry represented the client and filed for pain and suffering damages. Defendant contended that all of client's pain was caused by the underlying condition. This case settled for $250,000.00.

Security Guard Injured By Thiefs Car

As a security guard for a retail store located in a mall, the client followed a young man who had stolen a leather jacket into the parking lot. The thief's car nearly ran over the client, causing the client to jump out of the way, injuring the client's knee. There was no actual contact between the car and the client. The automobile insurance carrier denied coverage to the thief claiming an intentional act exclusion. Rosen Louik & Perry, Pennsylvania Worker's Compensation Lawyers, were able to prove that the thief's acts with the vehicle were not intentionally directed toward injuring the client. Such an intentional act would have nullified insurance coverage for the client's injuries. Once intentional acts were excluded, the insurance from the automobile company was required to cover the accident. The case settled for $475,000.00.

Tractor Trailer Accident Causes Severe Leg Injuries

A tractor-trailer jackknifed and hit the client's vehicle in this case. The client was trapped in his vehicle and suffered a fractured and dislocated right ankle, a dislocation of the left knee plate, broken bones in the left foot and required pins in the left ankle. This case settled for $450,000.00. 

Trazadone Prescription Causes Patient To Develop Priapism

The client developed priapism, which is a potentially harmful and painful medical condition in which the erect penis does not return to its flaccid state. After four hours, irreversible damage can occur. The client's priapism resulted from a prescription of Trazodone which he had been prescribed for anxiety. The prescribing doctor never told the client to seek immediate medical care if priapism developed and then failed to immediately act when client called reporting an erection. Client sought a claim against doctor and called Pennsylvania Malpractice Law Firm Rosen Louik & Perry. This case settled for policy limits of $1,000,000.00 immediately before opening statements.

Vaginal Reconstruction Of Irradiated Tissue Results In Permanent Colostomy And Urostomy

Twenty years after successfully beating childhood cancer, this young lady sought to have vaginal reconstruction of the areas that were treated and removed in order to eradicate her cancer. The plastic surgeon attempted surgery on irradiated tissue, (tissue previously exposed to radiation) an act that should never be done. The Caring Lawyers, Rosen Louik & Perry represented the client's reconstructive surgery malpractice claim. In addition to causing additional damage, the surgeon also sentenced this woman to a permanent colostomy and urostomy. This case settled for $ 3,760,000.00.

Bad Faith Verdicts

Man Dies Due to Smoke Inhalation Resulting in Bad Faith Claim Against Insurer
While burning Christmas wrapping paper in his backyard, the decedent lost control of the fire and called for help. When firemen arrived ten minutes later they found the entire backyard engulfed in flame. While spraying the flames, the decedent was found lying face up with a charred phone next to his ear. The coroner determined the cause of death to be smoke inhalation. The defendant insurance company refused to pay accidental death benefits claiming the death was caused by a pre-existing heart problem that was triggered by the vigorous activity of trying to extinguish the brush fire. Rosen Louik & Perry lawyers obtained tapes of the 911 call and were able to establish that the client's decedent was snoring after he lost consciousness. This was inconsistent with an immediately fatal heart attack. Forensic pathologists were retained as experts who confirmed smoke inhalation as the cause of death. This case, including a bad faith cause of action, settled in excess of policy limits for $ 537,500.00

Premises Liability Verdicts

Victim Trips over Department Store Carpet Falling Face First into Glass Door
This client tripped over a carpet that was known to never lie flat in a popular department store and fell face first into a set of glass doors. The client suffered injuries to her face, shins and shoulder. This premises liability case was settled for $100,000.00.

Personal Injury Verdicts

Our personal injury attorneys at Rosen Louik and Perry have real experience winning personal injury cases and settlements in the Pittsburgh, PA region. Below are a few examples of real clients we have helped receive compensation they deserved for pain and suffering caused by a personal injury caused by negligence or malice. If you think you may have a personal injury case, contact us to evaluate your claim.

Workers Compensation Verdicts

Man Nearly Loses Leg to Explosives in Strip Mine: Successful Appeal to PA Superior Court Results in Higher Settlement
An explosives company was performing blasting operations as a subcontractor in a strip mine behind the client's residence. A blast produced flyrock, a piece of which struck the client. As a result, the client's lower left leg was severed and only remained attached by a few tissues. The client was lifeflighted and diagnosed with a Grade III-B open tibia fracture. A grade III is the highest category of injury to bone and B is the highest category of contamination to the skin, muscle and tissue. Emergency surgery was performed in an attempt to salvage the severed limb and a titanium rod was inserted to internally stabilize the fractures. Additional hardware inserted in the leg included a large plate and several screws. Bone was missing over several inches of the leg, as was the skin, muscle and other tissues. Tissue, muscle, veins, and arteries were harvested from the upper back and shoulder area and sewn in by microsurgery. The client had a total of four surgical procedures performed. The leg was ultimately salvaged. The blasting company and coal mining company denied liability. After a ten-day trial, a jury returned a verdict of $350,000.00. We believed that one of the jurors was biased because of a long-standing relationship with an owner of one of the Defendant companies but the trial judge refused to remove the juror. An appeal to the Superior Court of Pennsylvania was pursued. The Superior Court agreed with our position and ordered a new trial. After this appellate court victory, the case settled for $1,500,000.00.

Medical Malpractice Verdicts

At Rosen Louik & Perry, our knowledge of medical malpractice law is real world application. We have vast experience fighting and winning medical malpractice cases in Pittsburgh, PA and Western Pennsylvania and beyond. Below are a few samples of malpractice cases we have won or settled over the years. If you or a loved one may have been a victim of medical malpractice, then please contact us.

Verdicts

Pennsylvania Personal Injury Settlement Lawyers

One of the initial questions that prospective clients ask is, "What is my case worth?" Ethically, lawyers are prohibited from placing a value on a case at the outset of the attorney client relationship and this restriction makes sense. We don't want lawyers making false representations about case values in order to secure being retained. That would be a form of false advertising. In addition, any lawyer who would provide an estimated value on a case at its outset is being dishonest. Every case is different and no two cases have the same value. Changing one fact in a case can have a million dollar impact on the ultimate outcome. Only after a case has been fully developed and all facts understood by the lawyer can values be determined. At that point, a client must rely upon the knowledge and experience of his or her lawyers relating to the value of a case.

Common mistakes made by cardiologists

Many Pittsburgh residents will need to visit the cardiologist at some point in their lives. Heart disease is the number one killer of Americans and cardiologists are valuable members of the medical community. But, cardiologists can face medical malpractice lawsuits for a number of reasons including the failure to diagnose a medical condition.

Wrong baby receives operation

A newborn baby is something that parents have been anticipating for months. Usually the birth goes as expected, the baby and parents stay in the hospital for a few days, and then go home together. But, occasionally a medical trauma like a surgical error occurs.

Wrong baby receives operation

A newborn baby is something that parents have been anticipating for months. Usually the birth goes as expected, the baby and parents stay in the hospital for a few days, and then go home together. But, occasionally a medical trauma like a surgical error occurs.

Patient Suffers Ankle Fracture After Surgeon Fails to Immobilize Ankle Following Surgery

The client in this case sustained a left ankle fracture that required surgery to correct. However, client's orthopedic surgeon failed to immobilize client's ankle after the surgery, causing the client to lose the fracture reduction, requiring a second surgery. Client's physician also failed to recognize and treat a deep wound infection that had developed in client's ankle subsequent to her surgery, which led client to contract MRSA. The client required an additional surgery to correct the damage to her ankle. The client retained Rosen Louik & Perry to investigate a MRSA Malpractice claim. This case settled for $350,000.00.

Patient Succumbs to Cancer After Doctors Fail to Diagnose Tumor

The client, a long-term tobacco user, presented to his doctor complaining of a sore throat and change in voice. After undergoing a physical examination and CT scan, client's doctor interpreted the lesion in client's neck as clinically benign. Soon after, client presented to the emergency room exhibiting signs of progressive airway compromise and was found to have a near-total airway obstruction caused by a large laryngeal mass within client's throat. Due to the delay in diagnosis, this massive supraglottal tumor ultimately metastasized and despite radical surgery and chemotherapy, client succumbed to the cancer. Pennsylvania Malpractice Law Firm Rosen Louik & Perry represented client's family in a failure to diagnosecancer claim. The case settled for $250,000.00.

Patient Requires Hip Replacement after Misdiagnosis of Avascular Necrosis

Our client suffered right groin pain after child birth and her doctors diagnosed the pain as a muscle strain. The doctor in question prescribed the client a muscle relaxer which did not relieve her pain. She went to a different doctor and was diagnosed with avascular necrosis, a disease resulting from the temporary or permanent loss of the blood supply to an area of bone. The doctor in question failed to diagnose the client with avascular necrosis and deprived the client of a substantial opportunity to preserve her native hip joint. The client required a hip replacement. The case settled for $650,000.00. 

Patient Severely Disfigured After Radical Thoracotomy

The client in this case complained of mild discomfort in the left chest area. A CT scan revealed bilateral intrathoracic masses of both lungs. She underwent a thoracoscopic biopsy of the masses. It was determined that the masses were benign but needed to be removed. Our client was told that the masses could be removed by non-invasive surgery but nevertheless performed a radical Thoracotomy which resulted in severe disfigurement and the removal of several ribs. This surgical malpractice had devastating effects on the client, and she contacted the malpractice law firm of Rosen Louik & Perry.
This case settled for $1,200,000.00.

Patient Requires Hip Replacement After Doctors Ignore Symptoms

Rosen Louik & Perry's client has ulcerative colitis, a type of inflammatory bowel disease that affects the large intestine and rectum, and was being treated with Prednisone in an effort to control his disease. Prednisone is a helpful but dangerous drug requiring vigilant clinical monitoring. The client developed early symptoms of avascular necrosis, death of bone tissue due to a lack of blood supply, of the hips. His physicians ignored the symptoms and made no medication adjustments thereby causing complete destruction of the hip and need for a hip replacement. The case was represented by Rosen Louik & Perry,medical malpractice lawyers in PA. This case settled for $975,000.00 after three days of trial.

Patient Receives Narcotics Overdose Due to Improperly Set Alarm on Pulse Oximeter

Our client was admitted to the hospital for heart surgery. In recovery, the client was administered excessive narcotics. The failure to discover the narcotic overdose sooner was a consequence of an alarm not being properly set on a pulse oximeter. Our client suffered an extended hospital stay. The case settled for $165,000.00. 

Patient Permanently Paralyzed Due to Delay in Diagnosis

This client, age 64, presented to her physician with a history of soft tissue infection and pain in her back, was diagnosed as suffering from bilateral axillary abscesses which were drained during a minor surgical procedure. However, in the day following this procedure client began to experience progressive symptoms of paralysis. No neurological tests were performed until after client was paralyzed for over 12 hours. It was later discovered that client had an epidural lesion around the spinal cord, from which she has remained permanently paralyzed due to the delay in diagnosis. Pittsburgh Medical Malpractice law firm Rosen Louik & Perry was able to prove through deposition testimony that the resident (or student) doctors who rounded on client in the post-op period had not been adequately trained. This case settled for $3,900,000.00.

Patient Overdoses on Anesthesia after Surgery

This elderly client was a patient at a hospital to undergo a surgical repair of a left tibial non-union. Following the surgery, client was administered patient controlled anesthesia using intravenous morphine. The client was found unresponsive 6 hours after of the treatment. Physicians ordered the client receive Narcan to reverse the effects of the client's stupor. The Narcan caused the client to suffer severe pain. Doctors then re-started the patient controlled anesthesia of morphine. The result was a medication overdose. As a result of this morphine overdose, the client went into respiratory arrest and suffered a severe anoxic brain injury. The client's brain death led to her removal from life support and ultimate expiration. Anesthesia Malpracticeattorneys at Rosen Louik & Perry sought damages and the anesthesia overdose claim was settled for $550,000.

Patient Falls and Dies Due to Negligence of Hospital Staff

After recovering from a stroke in a skilled nursing facility, 82-year old client was listed as a high risk for falls, and client's family signed an authorization that enabled caregivers to use physical restraints so as to prevent client from suffering a fall. However, during client's stay at the facility, these directions were ignored by hospital staff and employees and client frequently was moving from his bed without assistance. The client fell out of bed while in the hospital and hit his head, resulting in an acute subdural hematoma. Client ultimately lapsed into a coma and died a short time after. This case settled for $300,000.00. 

Patient Dies Of Gastrointestinal Bleeding Due To Delayed Blood Transfusion

Our client presented to the emergency room after experiencing continued rectal bleeding. While in the hospital, the client's hemoglobin progressively declined, indicative of an internal bleed that required blood transfusions which were ordered. The hospital blood bank contacted a regional blood bank and were told the bank needed to find the correct blood for the client and would have it delivered in about 6 hours. However, a series of miscommunications at the hospital left doctors and nursing staff unaware of this message and the client continued to internally bleed during this time. The client ultimately went into hypovolemic shock caused by her gastrointestinal bleed and died as a result. She was 74 at the time of her death. Medical malpractice Pittsburgh attorneys at Rosen Louik & Perry argued on behalf of the client's family. This case settled for $650,000.00.

Patient Dies after Symptoms Ignored By Hospital Staff

Rosen Louik & Perry's client developed necrotizing fasciitis, a soft tissue infection that is rare, but a very severe type of bacterial infection that can destroy the muscles, skin, and underlying tissue, that originated in the client's left leg. Client presented to the emergency room but was discharged from the hospital because the symptoms were not taken seriously by the hospital staff, who failed to diagnose client's serious infection. Client ultimately died from the infection. Pittsburgh Malpractice Lawyers Rosen Louik & Perry handled the failure to diagnose claim. This case settled for $500,000.00.

Patient Dies after Excessive Coumadin Dosing

Our sixty-one year old client presented to the emergency room with chest pains and was diagnosed with an irregular heartbeat. He was released with medication prescribed to attempt to correct his sinus rhythm. During a follow-up visit, blood tests revealed that the client had high prothrombin levels. His doctor, however, did nothing to reduce the dosage of Coumadin that our client was originally prescribed. After receiving additional blood tests at a different facility, our client's doctor had stated via fax that he indeed wanted client's Coumadin dosage decreased. Despite having multiple means to reach client and the severe danger associated with client's high prothrombin levels, there was a three-day delay in the client's doctor's office informing him of this urgent change in his medication. The following day after finally being informed to decrease his Coumadin dosage, he became dizzy, had a severe headache and vomited. He arrived at the emergency room unconscious. He was subsequently diagnosed with a massive bleed in his brain and the family was informed that he would not survive. He died three days later as a result of bleeding from excessive Coumadin dosing. The client's family contacted Rosen Louik & Perry to investigate their claim ofmedication malpractice. The case settled for $650,000.00.

Patient Dies Following Cardiopulmonary Arrest Due to Malpositioned Duodenal Feeding Tube

This client, a 73-year-old man, died following a cardiopulmonary arrest caused by aspiration triggered by a malpositioned duodenal feeding tube, which had looped back upon itself and lodged within the patient's esophagus. Unfortunately, doctors and nurses responsible for client's medical care failed to check the tube's position (despite being told to do so) before they authorized its use. This resulted in the spillage of the patient's enteric feeds into his upper airway, precipitating his cardiopulmonary arrest and anoxic brain damage. At the time of the arrest, anesthesiologists discovered a large bolus of feedings within the patient's upper airway. Despite intervention, client died a short time later. A malpractice wrongful death claim was filed by Western Pennsylvania Malpractice Lawyers Rosen Louik & Perry. This case settled for $400,000.00.

Patient Dies After Doctors Fail to Treat Post-Surgery Symptoms

This retired client suffered from a thyroid condition. She had a procedure done called a left thyroid lobectomy. Post surgery, client's condition deteriorated and she experienced signs and symptoms of airway compression which included, but were not limited to, dyspnea, difficulty swallowing, difficulty speaking and increased neck swelling. The presence of a hematoma within the tissues of the client's neck, which was compressing and causing partial obstruction of the trachea and/or esophagus, was the cause of the client's deteriorating condition. If timely recognized this condition can be cured causing no long-term problems. As the client's condition worsened, the doctor and nurses in charge of post-operative care ignored the client's condition and the client tragically went into cardiac arrest and died. Malpractice lawyers of Pittsburgh, Rosen Louik & Perry represented the post-surgical malpractice claim. The case settled for $950,000.00.

Patient Dies After Doctors Fail To Treat Malignant Tumor

The client in this case was diagnosed with uterine cancer and underwent a hysterectomy to remove the cancer. A further analysis of the tissue after the surgery revealed that the cancer may have spread to her abdomen and she was referred to a gastroenterologist. After performing a colonoscopy, the gastroenterologist informed the client that her colon appeared normal. However, despite complaints of severe abdominal pain, her doctor never performed further tests of the upper gastrointestinal tract. After experiencing further severe pain. Malpractice lawyers of Pittsburgh, Rosen Louik & Perry represented thepost-surgical malpractice claim. She was evaluated by a surgeon. Surgical intervention revealed a malignant tumor in her jejunum that eventually led to client's death a short time later. Although the delay was very short, the case settled for $487,500.00.

Podiatrist Causes Permanent Deformity in Patient's Foot

This case involves professional negligence from a surgical error by a podiatrist. The principal injuries the client sustained as a result of a doctor's negligence include permanent deformity of a shortened, flailed, floppy second toe, transfer problems and recurrence of a bunion deformity. Client hired Rosen Louik & Perry of Allegheny County to pursue a podiatry malpractice claim. This case was settled for $150,000.00.

Pharmaceutical Distribution Errors Result in Internal Bleeding and Avoidable Splenectomy

Our client was diagnosed with idiopathic thrombocytopenic purpura (ITP), a disease associated with a low platelet count and a predisposition to bleeding. When she was diagnosed with hypertension, her physician prescribed Cardura. However, instead of filling the prescription with Cardura as client's physician had requested, the pharmacist mistakenly substituted the oral anticoagulant Coumadin. For the next two weeks, our client unknowingly took the Coumadin in accordance with the instructions on the bottle that accompanied the medication. This substitution of Coumadin for Cardura caused her to suffer internal bleeding and exacerbated her thrombocytopenia, requiring hospitalization. Upon her release, another error by the client's pharmacy caused her to receive only one tenth of the prescribed dosage of Prednisone that her physician ordered. As a result, she was forced to undergo an unnecessary splenectomy. Rosen Louik & Perry were contacted by the client. We were able to determine that the medication error resulted in the surgery. The case settled for $110,000.00.

Personal Injury Verdicts

Our personal injury attorneys at Rosen Louik and Perry have real experience winning personal injury cases and settlements in the Pittsburgh, PA region. Below are a few examples of real clients we have helped receive compensation they deserved for pain and suffering caused by a personal injury caused by negligence or malice. If you think you may have a personal injury case, contact us to evaluate your claim.

Patient's Lower-Leg Amputated after Getting Foot Caught under Defective Jetway

This client suffered severe injuries as the result of getting his foot caught under a Jetway during his employment with an airline company. A Jetway is the mobilized ramp used to allow passengers to get on and off an airplane. This accident caused the client to suffer the loss of his big toe, crushing destruction of his left foot that required multiple surgeries, a loss of nerves and tendon, back injuries, and permanent scarring. Due to the severe amount of pain these injuries caused the client, he ultimately had to have his leg amputated at the knee. Product liability lawyers Rosen Louik & Perry of Pittsburgh were the first to ever sue the manufacturer of the Jetway for producing a defective, dangerous and unsafe product. The manufacturer refused to make a settlement offer arguing that thousands of Jetways in the market and decades of use without a lawsuit proved the safety of the product. The case was tried to a jury and plaintiff received a verdict of $1,123,483.92. Defendant appealed the case the entire way to the Pennsylvania Supreme Court but lost.

Patient's Aneurysm Goes Untreated and Ruptures Resulting in Death

The client was admitted to the hospital complaining of severe right groin pain. At the time of the admittance, the client had a known history of an enlarging aortic aneurysm. This known aneurysm or a urologic complication were the obvious differential diagnoses for the client's pain. A consulting urologist examined the client and ruled out a urologic problem. Inexplicably, a vascular surgeon did not examine the client at any time during admittance and the aneurysm, known to be expanding, was not evaluated. While under the care of the doctors in question, the client's known aneurysm was allowed to rupture, and this 70 year old man died. Rosen Louik & Perry pursued a medical negligence claim for the client's family. This case settled for $650,000.00. Medical negligence is a serious matter. Mistreated patients can have tragic injuries or even death. If you or a loved one has experienced medical negligence, don't delay. Contact the law office of Rosen Louik & Perry today. Call us at 800-440-5297 or email for a free evaluation of your medical negligence attorney. 

Patient Undergoes Unnecessary Mastectomy after Being Misdiagnosed with Breast Cancer

A doctor's misinterpretation of a breast biopsy caused this client to be misdiagnosed with a recurrent infiltrating lobular carcinoma within the client's right breast. The treatment for this radical cancer was total mastectomy which this 68-year old client agreed to have performed. When the removed breast was sent to pathology, pathologists determined that client had no cancer in her removed breast. Thus, client was forced to undergo an unnecessary total mastectomy of her right breast. Rosen Louik & Perry represented the client's breast cancer malpractice claim and discovery revealed that a pathologist had switched client's slides with the slides of a woman who did have breast cancer. This case settled for $850,000.00.

Patient Suffers Malignant Hypothermia during Surgery

The client was taken to the operating room for a septoplasty and a left ethmoidectomy, a procedure to rid the client of chronic sinus infections. The client had a history of sinusitis, which had been refractory, or resistant, to medical management. During the course of the operative procedure, the client developed problems, which caused the doctor to wonder whether or not he had malignant hypothermia. It was later determined during that hospitalization that the client suffered from a traumatically induced subarachnoid hemorrhage. The doctor being sued deviated from accepted standards of care in his surgical management of this patient. Once the doctor realized that surgical problems had occurred, which the doctor had caused, the patient was sent to a different hospital for neurosurgical evaluation and care. Work-up at that hospital revealed that the client had a traumatic defect of the anterior skull base. The client still suffers from disabilities. Medical malpractice lawyers of Pittsburgh, PA, Rosen Louik & Perry represented the surgical malpractice claim. The case was settled for $650,000.00.

Patient Suffers Renal Failure after Fraternity Hazing

This client sustained serious injures when the client was hazed as part of the rush process for admittance into a fraternity. Client was repeatedly, and brutally, paddled by fraternity brothers. Due to the beating, the client was admitted to the hospital having been diagnosed as suffering from renal failure, hypertension and had experienced two seizures. Prior to the hazing, the client was completely asymptomatic for these conditions. Client contacted The Caring Lawyers, personal injuries attorneys Rosen Louik & Perry to evaluate his claim. This case was hotly contested as the fraternity argued it had no duty to monitor and prevent intentional acts of members. This case settled for $90,000.00 after Rosen Louik & Perry won legal issues on appeal.

Patient Suffers Second Heart Attack After Doctors Misdiagnose Myocardial Ischemia

The client suffered from acute myocardial ischemia, which is a heart condition caused by a temporary lack of oxygen-rich blood to the heart. The client was admitted to the hospital with acute chest pain prior to being diagnosed with acute myocardial ischemia. The doctor observed the client for 23 hours to "rule-out" myocardial infarction. Serial EKGs and cardiac enzymes were normal, and the patient was discharged from the hospital without undergoing pre-discharge exercise stress testing. The standard of care may have required the performance of an exercise stress test before sending a patient like this client home. Pittsburgh medical malpractice attorneys Rosen Louik & Perry's expert medical team proved that had testing. Had such testing been performed, it would likely have revealed symptomatic coronary disease. This would have led to bypass surgery. The client suffered a second myocardial attack following discharge. The case settled for $525,000.00.

Patient Suffers Severe Burns While Undergoing ENT Surgery

This client suffered severe burns on client's tongue and upper palate during an Ear, Nose, & Throat (ENT) surgery to client's neck. As a result of the burns, client lost taste buds on client's tongue and suffers pain when eating hot and cold food. This case settled for $100,000.00.

Lumbar Spine Surgery Causes Dural Tear and Cauda Equina

Our client went to the doctor complaining of back pain and was diagnosed with a disc herniation. Lumbar spine surgery came next for the client. The surgery did not go well and she suffered a dural tear. Creating a tear in the dura was, in our expert doctor's opinion, a known complication of lumbar spine surgery and does not itself constitute negligence. However, the client suffered more than a dural tear-the pattern of neurological impairment seen following the client's surgery denotes injury to the client's cauda equina. This client now suffers from cauda equina syndrome, which is caused by significant narrowing of the spinal canal that compresses the nerve roots below the level of the spinal cord. Cerebrospinal fluid cushions the nerves, and they become susceptible to injury when this cushioning fluid is lost and the nerves are placed under tension. Such an injury is not an acceptable complication of lumbar disc surgery. Rosen Louik & Perry represented the client and called in its expert medical team to analyze the spinal surgery malpractice claim. Our expert doctor believed the client's cauda equina was injured when the doctor in question retracted the thecal sac to expose the disc herniation. The defendant doctor strongly disagreed and contested liability. The case settled for $475,000.00.

Lobectomy Leads to Ischemic Injury and Eventual Death

The client suffered an ischemic injury to his right leg following a lobectomy for adenocarcinoma of the left lung. The client had pain in the leg at all times and took opiate medications several times a day to alleviate the discomfort. The right foot was discolored, and the client had chronic edema about the ankle, suffered disturbing paresthesias ("pins and needles" sensation) in the leg at all times, and had a persistent right foot drop. Unfortunately, the client perished as a result of his cancer 16 months after his lobectomy. This case settled for $160,000.00. 

Lawyers Uncover Client's Broken Neck after Auto Accident

Following an elevated prostate specific antigen ("PSA") test, Rosen Louik & Perry's client was advised to have a biopsy of his prostate. Client followed the doctor's recommendations and submitted to a stereotactic biopsy of his prostate. The tissue was removed by the local hospital and sent to a national laboratory for processing and pathology interpretation. The sample was reported as showing high grade carcinoma in situ requiring removal of the prostate. Unfortunately, client suffered known surgical complications of erectile dysfunction and incontinence. When the prostate was sent to pathology, no cancer was found. Client turned to Rosen Louik & Perry for answers. Rosen Louik & Perry lawyers were able to discover that a technician at the national laboratory had, due to carelessness, switched client's slides with the slides from another client. The national laboratory denied the mix-up and forced the case to trial. The client's Prostate cancer malpractice claim was litigated by our Pennsylvania Legal Malpractice Lawyers. Following a seven-day trial, a jury awarded client $4,500,000 and his wife $1,000,000 on her consortium claim.

Laboratory Negligence Leads to Misdiagnosis of Prostate Cancer and Needless Surgery

Following an elevated prostate specific antigen ("PSA") test, Rosen Louik & Perry's client was advised to have a biopsy of his prostate. Client followed the doctor's recommendations and submitted to a stereotactic biopsy of his prostate. The tissue was removed by the local hospital and sent to a national laboratory for processing and pathology interpretation. The sample was reported as showing high grade carcinoma in situ requiring removal of the prostate. Unfortunately, client suffered known surgical complications of erectile dysfunction and incontinence. When the prostate was sent to pathology, no cancer was found. Client turned to Rosen Louik & Perry for answers. Rosen Louik & Perry lawyers were able to discover that a technician at the national laboratory had, due to carelessness, switched client's slides with the slides from another client. The national laboratory denied the mix-up and forced the case to trial. The client's Prostate cancer malpractice claim was litigated by our Pennsylvania Legal Malpractice Lawyers. Following a seven-day trial, a jury awarded client $4,500,000 and his wife $1,000,000 on her consortium claim.

Intoxicated Driver Causes Severe Auto Accident

Our client was involved in an atrocious automobile accident where the client was ejected from the vehicle rendering the client unconscious and helpless. Upon being lifeflighted to a level I trauma center, the client was diagnosed with multiple traumas and a severe head injury. The client underwent skull surgery to repair the multiple facial fractures and to elevate the depressed skull fracture by inserting plates in the skull region. A lawsuit was filed against the driver of the vehicle and the auto dealership that owned the vehicle. The theory against the auto dealer was for negligently entrusting the sports car to a person known to be intoxicated. The dealership had the large insurance policy but denied liability and refused to pay. After a jury was empanelled and opening statements, this drunk driver auto accident case was settled for a settlement of $890,000.00.

Individual Thrown From Car Suffers Multiple Fractures and Bruises

This client was thrown from a vehicle in the midst of the vehicle flipping over in an accident. The client suffered two fractured vertebrae, two fractured ribs at the spine, bruised left kidney, torn muscles in the lower back, and bruises and other lacerations. This case settled for the policy limits of $100,000.00. 

Inadequate Evaluation of Transient Ischemic Attack Leads to Major Stroke

This client was on Coumadin for chronic atrial fibrillation, and was in the first several hours of a transient ischemic attack (TIA), which is an episode in which a person has stroke-like symptoms for less than 24 hours, usually less than 1-2 hours. Client experienced the episode and went to the doctor's office receiving inadequate evaluation and treatment for TIA, and was sent home. Later that evening, the client suffered a major stroke. The stroke affected the dominant hemisphere and the client experienced frequent left residual right arm paralysis and right leg weakness. Rosen Louik & Perry represented the client's stroke malpractice claim. The case settled for $550,000.00.

Improper Placement of Biopsy Needle Causes Massive Hemorrhage and Eventual Death

This client suffered from a massive hemorrhage following a biopsy of the client's left kidney. Doctors in this case both improperly placed the biopsy needle and placed the needle through the client's entire kidney, causing the client to bleed out and die immediately following the biopsy. This case settled for $450,000.00. 

Industrial Explosion Kills Three

Our client was one of three individuals who died as the result of an industrial explosion at his place of employment. Under Pennsylvania law, our client was prohibited from suing his employer. Rosen Louik & Perry, Pennsylvania Worker's Compensation Lawyers, worked with a team of Plaintiffs' lawyers to identify other companies responsible for the explosion. Numerous companies that had supplied equipment to detect and prevent explosions as well as companies that designed the system were ultimately sued. After extensive discovery and many depositions, the Plaintiff's team settled all cases for in excess of $22,000,000.00.

Hospital Staff Accidentally Leave Five Surgical Sponges in Patient Causing Severe Infection

Five 3" by 4" surgical sponges were left in this client's stomach while undergoing a laparoscopic cholecystectomy. Due to a miscount by operating room nurses, the egregious mistake went unnoted until the client developed a severe infection as a result of the sponges. The client required a second surgery in order to remove the surgical sponges. The client filed a surgical malpractice claim with the help of Rosen Louik & Perry. This case settled for $170,000.00.

Handicapped Girl Raped After Being Left Alone by Custodian

Client, a mentally and physically handicapped ten-year-old girl, was in the care and custody of a former teacher for a weekend away from home. During that time, the client was left in the teacher's residence with a teenage neighbor boy who was painting the house for money. The teacher left the residence in order to retrieve a ladder for use in painting. While the teacher was gone, the teenage boy raped the client. Teenage boy's intentional act was not covered by insurance. Rosen Louick & Perry, Pittsburgh Negligence Lawyers, successfully proved, however, successfully proved a claim of negligence against the teacher. The case settled for policy limits of two homeowner's policies after depositions of the individuals involved.

Hair Restoration Doctor Leaves Patient with Mangled Appearance

The Plaintiff in this case was a 27 year old professional experiencing premature male pattern baldness. He saw a television commercial promoting a hair restoration procedure developed by Dominic A. Brandy, M.D. The client scheduled a consultation with Dr. Brandy and was promised a full and natural looking head of hair in just three procedures. Based on those assurances, the client agreed to undergo the procedures. The surgeries failed miserably and the client was left with an appearance worse than baldness. Dr. Brandy refused to accept responsibility and made no offer to settle the case. The Caring Lawyers, Rosen Louik & Perry represented the client's plastic surgery malpractice claim in court. After a seven day trial, a jury returned a verdict of $503,857.00 This verdict received national media coverage, including a feature story on Court TV who reported that this was the first verdict in the country against a plastic surgeon for an elective procedure.

Doctors Fail to Diagnose Breast Cancer Resulting in Death

In this case, a doctor failed to diagnose breast cancer in our client. By the time of diagnosis, the client had metastatic disease, a disease that has broken outside of the primary tumor and has traveled elsewhere. Radiation and chemotherapy are given in order to eradicate and cure cancer upon early detection before it spreads elsewhere in the body. The important issue in this case was whether the breast cancer was metastatic when it could, and should, have been detected. Due to the failure to diagnose earlier, our client had no chance of beating her disease. The Pennsylvania Law Office of Rosen Louik & Perry represented the victim in the failure to diagnose breast cancer medical malpractice claim. The defendants disagreed arguing that the patient would not have benefited from earlier diagnosis. After an eight-day trial, the jury awarded the client $12,800,000.00.

Doctor Injures Common Bile Duct during Laparoscopic Cholecystectomy

Rosen Louik & Perry's 83-year old client went into the hospital complaining of abdominal pain after having a laparoscopic cholecystectomy, gallbladder surgery, done. Upon evaluation, the client was diagnosed with abdominal wall cellulitis and bilious drainage from her umbilicus. During the laproscopic cholecystectomy the surgeon injured the common bile duct causing caustic bile to invade the subcutaneous tissue above the omentum. During a post-op admission, the surgeon performed a bedside procedure designed to cover up the initial error. After consulting five different experts who could not solve the mystery, the medical injury attorneys at Rosen Louik & Perry forensically determined what had been done and were able to file a malpractice claim. Following the doctor's deposition, the case settled for policy limits of $1,200,000.00.

Car Accident Causes Relapse of Multiple Sclerosis

Our client was involved in a high impact automobile accident involving two cars and multiple passengers. No one involved was seriously injured. Our client had been diagnosed with multiple sclerosis years earlier and had back surgery seven years prior to the accident. The accident provoked the back pain to come back and caused his remissive multiple sclerosis to relapse. The client's pain never resolved after the accident. Defendants claimed pre-existing back injury and argued that medical science could not connect the multiple sclerosis relapse. Rosen Louik & Perry Rosen Louik & Perry consulted with our Medical Research Teamand the case settled for $850,000.00.

Building Owners Found Responsible for Rooftop Ice Striking Victim in Face

The client was struck with a piece of ice that had fallen off of the roof of a building. As a result of the accident, the client suffered post-traumatic cervical myofascial pain and fibromyalgia. It was discovered that the building owners had knowledge of the problem of falling ice from the roof, as it had been reported multiple times earlier that day. However, no efforts were made to warn patrons of the dangerous condition. The case settled for $ 115,000.00. 

Building Owner Found Responsible After Fire Severely Burns Victim

The client suffered grievous injuries as the result of being trapped in an apartment building during a fire. The client was the only individual to survive the fire and did so because she heroically hung from a four-story window and awaited firefighters' rescue. Unfortunately, the left side of the client's body that was holding on to the inside of the window was completely burned off. Client has no toes and very little foot on the left side, has no fingers and no left hand and all of the skin on the left side of the body was burned to the bone. Through numerous operations the client has had skin graft transfer that has allowed the client to survive despite the severity of the injuries. Unfortunately, the client has been rendered permanently and totally disabled and the psychological effects of the disfigurement are as serious as the physical infirmities. The client retained the services of Rosen Louik & Perry's law firm of Pittsburgh, PA, The Caring Attorneys. Liability against the building owner was hotly contested as Defendant claimed they were not responsible for arson. (The arsonist was convicted and sent to prison). After years of discovery, this case settled for $1,050,000.00, an amount in excess of available insurance.

Breast Cancer Diagnosis Delayed 5 Years Due to Doctor Not Following Protocol

If, on a self-breast exam, a client has noted an abnormality in one breast and her doctor feels that breast and determines that there is a thickening the doctor is obligated to do special imaging studies. A screening mammogram is not enough. The doctor must do compression films as well as an ultrasound in order to determine what makes up the thickening. If still not conclusive, the doctor can do fine needle aspiration which for all intents and purposes is a non-invasive, non-destructive kind of test that provides a pathologic, or tissue, diagnosis. The physicians in this case did not follow these proven standards of care. Medical malpractice attorneys Rosen Louik & Perry represented the victim's medical malpractice failure to diagnose breast cancer claim. Our client experienced a five-year delay in the diagnoses and treatment of a breast cancer lump, which was not properly diagnosed until it had spread to the liver. The case was settled for $950,000.00.

Failure to Recognize Congenital Heart Defect Symptoms Results in Cardiac Arrest

Client was born with congenital heart defects that were recognized and some where corrected with surgery. Not all of the defects could be corrected and client required regular monitoring. From birth through her teenage years, client underwent annual tests that consistently revealed a congenital defect with the electrical system of Alana's heart. However, client remained asymptomatic from a cardiac perspective. Following the retirement of her pediatrician, our client came under the care of two new cardiac doctors. These doctors examined client annually but failed to recognize that the various test results revealed different conditions that showed that client was, in fact, exhibiting physical symptoms of her congenital defect. On August 12, 2001, one month after her last annual evaluation, client suffered a catastrophic cardiac arrest. Although she was eventually resuscitated our client suffered an anoxic brain injury that left her in totally dependent state. The client was represented by The Caring Lawyers at Rosen Louik & Perry. Our lawyers were able to prove that the cardiologists were negligent and the case resolved for $3,600,000.

Failure to Properly Monitor Patient Results in Respiratory Arrest and Death

Our client, 51-years old, was in very bad health and was dependent on mechanical ventilation for breathing, presented to a hospital for high temperature and symptoms of infection. During client's stay in the hospital, nursing staff realized that when client positioned her bed at a 90 degree angle client's ventilator was in danger of being disconnected and the bed required repositioning. However, doctors and nursing staff failed to properly monitor client, and the ventilator indeed became disconnected, causing client to suffer respiratory arrest and die a short time later. Pittsburgh Rosen Louik & Perry filed medical negligence claim for client's family. The case settled for $300,000.00.

Failure to Promptly Treat Patient After Surgery Leads to Permanent Anoxic Brain Damage

After having their case rejected by two other law firms, clients brought their dilemma to Pennsylvania malpractice lawyers Rosen Louik & Perry. Our 60-year old client underwent gastric bypass surgery for a difficult acid reflux condition because both medicine and Nissan Fundoplication had failed to alleviate client's symptoms. A doctor attempted to perform the surgery laparoscopically, but wasn't able to do it due to the scar tissue from the Nissan Fundoplication, so the surgery was performed as an open procedure. The surgery was successfully completed. During the post-op period, client had difficulty breathing. Client's pulse oximetry decreased over time and his tachycardia increased. Doctors failed to thoroughly investigate the client's gradual respiratory embarrassment so client's wife summoned doctors to client's bedside. The resident (or student) doctor refused to transfer client to the intensive care unit and did nothing to address client's respiratory problems. As a result, the client proceeded to respiratory arrest and was left with permanent anoxic brain damage. This case settled for $7,775,000.00.

Failure to Investigate Bleeding Leads to Significant Brain Damage

After undergoing open-heart surgery, this 75-year old client was to be monitored by treating physicians and nursing staff to ensure his vital signs and cardiac profiles remained stable. During his post-operative recovery, however, client was found to suffer a bleed in the heart, which a resident physician was able to suction off. Sadly, doctors and nursing staff made no attempt to find the cause to client's bleed. Soon after, client again began to exhibit symptoms of cardiac compromise. Client ultimately went into cardiopulmonary arrest and sustained significant anoxic brain damage as a result. Had client's care givers properly and timely monitored his condition, recognized the ominous signs of his impending cardiac arrest and promptly provided the necessary care to divert the arrest, client would have avoided this permanent injury and lived another 4-7 years. Rosen Louik & Perry pursued a post-operative malpractice case. The case settled for $1,000,000.00.

Failure to Intubate Patient Results in Death

Client was a life-long asthma sufferer and presented to a local emergency room, accompanied by his wife, with an acute asthma attack. Client was started on a breathing treatment but complained that it was not working. His wife begged for help three separate times, but a physician never appeared. A doctor finally appeared but did nothing. Client should have been intubated. Fifty minutes after being seen by the emergency room doctor, the client died. Client's wife contacted Rosen Louik & Perry to represent her death by medical error malpractice claim. The case settled for $ 1,860,000.00.

Failure to Diagnose Hemorrhage Results in Death

While in recovery from a heart catheterization surgery, client's neurological and left side motor functioning began to decline. Doctors immediately administered Heparin to the client. Client underwent a CT scan of her head, but doctors interpreted it as not indicative of a hemorrhagic conversion and allowed her Heparin treatment to continue. Client's neurological and motor functioning ultimately declined rapidly, and doctors finally stopped administering client Heparin. A further CT scan showed client to have a massive bleed in her brain. Client's intracranial hemorrhage was so extensive that life support ultimately was removed and client expired shortly after. Doctors' misinterpretation of the original CT scan and continued administration of Heparin before a CT scan was performed and hemorrhage ruled out ultimately led to client's massive brain hemorrhage and subsequent death. Nursing Home Negligence contributed to the fatal injury and Rosen Louik & Perry, Pittsburgh Nursing Home Negligence Attorneys represented the client's family.The case settled for $265,000.00.

Man Fractures Hip after Being Knocked off Truck by Crane

During his employment as a tractor trailer operator, client was in the process of assisting with the unloading of two 4,000 pound jersey barriers from client's truck when the crane operator struck client and knocked him off of the back of his truck with the barrier. As a consequence of being struck by the jersey barrier and knocked off the trailer to the ground. The client retained the services of Pennsylvania Worker's Compensation lawyers Rosen, Louik & Perry of Pittsburgh. Plaintiff sustained a right hip fracture. This PA worker's comp case settled for $311,000.00.

Man Dies in Head-on Automobile Accident

This client was killed in a head-on automobile accident. Police investigators determined that our client was at fault for the accident and concluded that the client had crossed the center line of travel. Client's father disagreed and assisted Rosen Louik & Perry attorneys in developing evidence that proved client was not at fault. The case settled for policy limits of $100,000.00. 

Man Dies Due to Smoke Inhalation Resulting in Bad Faith Claim Against Insurer

While burning Christmas wrapping paper in his backyard, the decedent lost control of the fire and called for help. When firemen arrived ten minutes later they found the entire backyard engulfed in flame. While spraying the flames, the decedent was found lying face up with a charred phone next to his ear. The coroner determined the cause of death to be smoke inhalation. The defendant insurance company refused to pay accidental death benefits claiming the death was caused by a pre-existing heart problem that was triggered by the vigorous activity of trying to extinguish the brush fire. Pittsburgh lawyers Rosen Louik & Perry represented the victim's bad faith claim and obtained tapes of the 911 call and were able to establish that the client's decedent was snoring after he lost consciousness. This was inconsistent with an immediately fatal heart attack. Forensic pathologists were retained as experts who confirmed smoke inhalation as the cause of death. This case, including a bad faith cause of action, settled in excess of policy limits for $ 537,500.00.

Lung Cancer Metastasizes Due to Delayed Treatment of Lung Nodules

Our client suffered from a right inguinal hernia and underwent a right inguinal hernia repair. As part of standard pre-operative testing, client underwent a chest x-ray. The x-ray was appropriately interpreted as demonstrating lung nodules that had increased in size from previous films. The radiologist suspected malignancy and recommended additional imaging and clinical correlation. Unfortunately, client was transferred to another hospital and the x-ray report was never acted upon by a physician. Two years later, this 77-year old client was diagnosed with incurable non-small cell lung cancer that, in the opinion of our experts, had metastasized because of the delay. A Pennsylvania Malpractice Lawyer at Rosen Louik & Perry represented the claim for the client. The case settled for $975,000.00

Man Fatally Injured By Rolling Vehicle

The client suffered fatal injuries after a 10-year old vehicle rolled backwards pinning the client between the vehicle and a telephone pole. The vehicle had a history of drifting backwards when the emergency brake was engaged. Product liability lawyers Rosen Louik & Perry were retained to pursue a defective product claim. The vehicle manufacturer was sued for producing a defective product. The manufacturer denied liability and cited millions of products on the market with properly functioning brakes during the 10-year period since manufacturing. The case settled for $420,000.00.

Premises Liability Verdicts

Victim Trips over Department Store Carpet Falling Face First into Glass Door
This client tripped over a carpet that was known to never lie flat in a popular department store and fell face first into a set of glass doors. The client suffered injuries to her face, shins and shoulder. This premises liability case was settled for $100,000.00.

Workers Compensation Verdicts

Man Nearly Loses Leg to Explosives in Strip Mine: Successful Appeal to PA Superior Court Results in Higher Settlement
An explosives company was performing blasting operations as a subcontractor in a strip mine behind the client's residence. A blast produced flyrock, a piece of which struck the client. As a result, the client's lower left leg was severed and only remained attached by a few tissues. The client was lifeflighted and diagnosed with a Grade III-B open tibia fracture. A grade III is the highest category of injury to bone and B is the highest category of contamination to the skin, muscle and tissue. Emergency surgery was performed in an attempt to salvage the severed limb and a titanium rod was inserted to internally stabilize the fractures. Additional hardware inserted in the leg included a large plate and several screws. Bone was missing over several inches of the leg, as was the skin, muscle and other tissues. Tissue, muscle, veins, and arteries were harvested from the upper back and shoulder area and sewn in by microsurgery. The client had a total of four surgical procedures performed. The leg was ultimately salvaged. The blasting company and coal mining company denied liability. After a ten-day trial, a jury returned a verdict of $350,000.00. We believed that one of the jurors was biased because of a long-standing relationship with an owner of one of the Defendant companies but the trial judge refused to remove the juror. An appeal to the Superior Court of Pennsylvania was pursued. The Superior Court agreed with our position and ordered a new trial. After this appellate court victory, the case settled for $1,500,000.00.

Suit filed in connection with head injury at plant

News Herald A Titusville woman, appointed by the court as guardian for her incapacitated husband, has filed a lawsuit in federal court, seeking damages from his employer and another firm. The lawsuit was filed in the U.S. District Court in Pittsburgh by attorney Neil R. Rosen on behalf of Lenise Thomeier, the permanent guardian of Stephen Thomeier. Named as defendants in the lawsuit are Rhone-Poulenc Specialty Chemicals Co. of New Jersey and Pennzoil Co. of Oil City. Rhone-Poulenc operates a plant in Cornplanter Township. Pennzoil owns and operates a refinery near Rhone-Poulenc. The lawsuit lists two counts, seeking damages in excess of $50,000 each. The lawsuit says Stephen Thomeier was injured and incapacitated following an accident Oct. 14, 1993, as he was standing in the area of a two-inch bleed line Rhone-Poulenc. Thomeier was employed as a maintenance supervisor with Rhone-Poulenc. The lawsuit states "the bleed line assembly suddenly and without warning began to rotate on its axis. When the bleed line assembly began rotating, it struck (the) plaintiff in the head with extreme force, causing plaintiff to suffer ... serious and severe injuries." The court action alleges the accident occurred after a diesel pump that supplied a fire water system to the Rhone-Poulenc plant failed, leaving the property without a supply of water to fight any fire. The lawsuit says Rhone-Poulenc maintained an agreement with Pennzoil. Under that agreement, Pennzoil was to supply a back-up source of water through a pipe that started on the Pennzoil property, connected to a pipe owned by Rhone-Poulenc and eventually connected to Rhone-Poulenc's fire water line.
Because the pipe was above ground and subject to freezing, the lawsuit says, the pipe was kept empty. On the day of the accident, the lawsuit says, Pennzoil employees activated the back-up system. The lawsuit claims the force of the water or air through the pipe caused the bleeder assembly to begin rotating out of control, striking the plaintiff. As a result of the accident, the lawsuit states Thomeier's health and earning capacity have been seriously and permanently impaired. Because of the seriousness and permanence of those injuries, the suit says Thomeier was adjudicated "a totally incapacitated person" on Jan. 27, 1994, by Crawford County Court. The lawsuit demands a jury trial. 

Bungled Pap test brings big verdict

Pittsburgh Post Gazette By Lawrence Walsh Kathy Griffin's Pap smear test in 1986 indicated abnormal cells, according to the laboratory that analyzed it. But her doctor didn't tell her about the analysis until two years later, when another Pap test showed that she had cervical cancer. Her advice to other women in dealing with their doctors:
"Ask questions, ask questions, ask questions." Griffin, 38, a Mercer County widow with a teen-age daughter, had to undergo a radical hysterectomy at Roswell Memorial Cancer Institute in Buffalo, N.Y., in 1988. The operation left her unable to bear children. In a 10-2 decision last weekend, a Common Pleas jury of 11 men and one woman ordered Drs. Donald Beck, a gynecologist, and Roger Hawkins and Peter Sotus, both pathologists, and Greenville Regional Hospital to pay Griffin $1.25 million. It is one of the largest medical malpractice verdicts ever awarded in Mercer County. Beck's attorney, Christopher Rulis of Pittsburgh, said he would file exceptions to the verdict tomorrow. That frequently is the first step of an appeal to the Superior Court. Attorney John M. McLaughlin of Erie and his clients- Hawkins, Sotus, and the hospital- declined comment. "It's a great verdict and a deserving one," said Griffin's attorney, Neil R. Rosen of Pittsburgh. "Kathy has gone through a tremendous amount of grief because of this, and it all could have been avoided." Rosen filed a petition last week asking Judge Michael J. Wherry, who presided over the five- day trial, to order the defendants to pay Griffin approximately $250,000 in delay damages for failing to make a reasonable effort to settle the case. The judge said he would review the petition this week. A Papanicolaou, or "Pap" test is done to detect cancer of the cervix or lining of the uterus. A specimen of tissue is stained and examined under a microscope for the presence of abnormal cells. Cervical cancer rates have declined sharply during the past four decades among young women who have regular Pap tests. However, women 64 and older, who constitute 14 percent of the U.S. female population, develop 25 percent of new cases of cervical cancer and 41 percent of deaths from the disease, researchers say. One reason may be that women are less likely to have regular gynecological checkups after their childbearing years.
Griffin, whose husband was killed in an accident in 1980 when she was pregnant with their daughter, Saree, was a regular patient of Beck's and had annual Pap smears taken in his office. The test results were all normal until March 1986, when the Pennsylvania Diagnostic Center in Monroeville reported that that year's Pap smear was abnormal. Beck asked Griffin to return for another Pap smear, but didn't use the word "abnormal" in describing the first test results. "I didn't think that much of [the second test]," she said. "I trusted him." Beck sent the second Pap test smears to Hawkins and Sotus at Greenville Hospital and noted on a medical form that Griffin's first test results were abnormal. A pathologist, not a lab technician, is supposed to review the Pap smear when a previous test has indicated an abnormality, Rosen said.
Sotus didn't see Beck's note and, in 1987, neither did Hawkins. Both signed off on a lab technician's report that the results were normal. Her 1988 Pap test showed that Griffin had "invasive cancer," Rosen said. "When [Hawkins and Sotus] reviewed their 1986 and 1987 paperwork on Kathy, they realized what had happened. This thing could have been nipped in the bud if they had paid attention to what they were doing,"Rosen said. Griffin, a secretary, said she still had problems related to the hysterectomy but declined to elaborate. At this point, "she has a good statistical chance for survival," her attorney said. "I don't think enough women realize they have to ask questions of their doctors," Griffin said. "And if they're not satisfied with the answers, ask more questions." "I wish I had." 

2 crash victims' kin settle USAir lawsuits

Post Gazette By Matthew P. Smith USAir and Boeing Co. have reached out-of-court settlements with the families of two passengers who died in the Sept. 8, crash of USAir Flight 427. The settlements were announced yesterday by Pittsburgh lawyer Neil R. Rosen, who represented the families of Stephen Shortley, 37, of Ross, and Ronald Brown, 49, of Trafford. Rosen declined to disclose the amounts of the settlements. "Both the Brown and the Shortley families will receive very substantial statements that will provide lifelong economic security," he said. Lawyers who specialize in aviation cases have said that previously that such settlements usually exceed $2.5 million. Both families filed lawsuits in U.S. District Court last year after the Boeing 737-300 plunged into a ravine in Hopewell, killing all 127 passengers and five crew members. Shortley had a masters degree in human resources was a consulting manager for Ernst and Young in its National Technology Consulting Practice. He was also a member of the Alcosan board. He is survived by his wife and two children. Brown, a Westinghouse engineer, died three days before his 50th birthday. Brown, who had remarried four months before the crash, is survived by his wife, two children, and one grandchild. Rosen said he and the family members were appreciative that the cases were settled early. The out-of-court settlements are believed to be the second and third to be reached since the crash. Rosen said early settlements resulted in greater financial benefit for the victims' families, because they avoid lengthy litigation and permit a substantial reduction in legal fees and related costs. USAir and Boeing are insured by Associated Aviation Underwriters of Short Hill, N.J. 

$1 Million Settlement Over Death of Elderly Woman in Fire

Equitable Gas, Duquesne Light to pay for 1998 gas explosion

By Marissa N. Scarvel
Western Pa. Legal Intelligencer
In personal injury actions, the elderly do not typically receive high monetary awards. But when Pittsburgh lawyer Neil Rosen of Rosen Louik & Perry was attempting to settle a case against Equitable Gas Co. and Duquesne Light Co., Rosen made it clear that he wouldn't accept anything less than seven figures for the death of Ann Gaydos Palmer, 72. "Death claims for older people tend to get lower amounts than they warrant," Rosen said. "Lawyers settle for smaller sums of money. In this case, the negligence on the part of both entities bordered on outrageous." The case was settled for $1 million. As part of the settlement, the defense lawyers -- P. Brennan Hart of the Pittsburgh office of Marshall Dennehey Warner Coleman & Goggin for Duquesne Light and C. Leon Sherman of the Pittsburgh firm C. Leon Sherman & Associates for Equitable Gas -- requested a confidentiality agreement that bars Rosen from speaking to the "general news media." Although Rosenagreed to the provision, he reserved the right to discuss the case within the legal community as long as he does not identify the defendants. However, because of the nature of the facts, it was obvious that the case involved the well-publicized gas explosion on Sept. 7, 1998, in which Palmer died in her two-story house in McKeesport. Gas Explosion
According to reports, the explosion ignited a fire and leveled the home, where Palmer had lived since the late 1960s. A report filed by the Fire Department said that after the explosion, Palmer was heard crying for help but that she could not be rescued. Investigators concluded that a damaged gas line near the home caused the explosion. Duquesne Light workers broke the line, which had been mismarked by Equitable Gas. The result was a slow leak. Rosen sued in 1999, claiming that negligence on the part of both companies caused the explosion, the fire and Palmer's death. The suit claimed that in addition to Equitable's responsibility for mismarking the line, Duquesne Light also was partially responsible because workers failed to notify Equitable that they had broken the line. After several unsuccessful attempts to reach a settlement agreement in the case, the defense lawyers suggested mediation. Rosen said he initially declined because he did not believe the defendants were willing to pay at least $1 million. Talks began in the $700,000 range, he said. Thomas Frampton of Pietragallo Bosick & Gordon in Pittsburgh served as the mediator. Frampton, a former judge on the Mercer County Court of Common Pleas, helped get the case settled by putting all the facts and issues on the table and facilitating the negotiations. When the defendants did reach the $1 million mark, Rosen said, the plaintiff decided to settle. "After we hung in there and got what we wanted, I thought it was in the best interest of all parties to settle,"Rosen said. "The decedent had two grown daughters who are successful in their own right. It was a gory case to have to try." As in any case, Rosen said, a jury trial could have gone either way. "The decedent was a lovely lady who worked as a waitress her whole life and lived a modest and religious life," Rosen said. "That fact that I had a fire report that said she was crying out for help showed obvious pain and suffering. The Fire Department was right next to the house, so we could only prove that the pain and suffering lasted 1 minute. She was older, with no income other than Social Security and no dependents. These cases are extraordinarily difficult to get big money." Even though Rosen questioned whether he could have secured as high a verdict had the case gone to trial, he said he was confident that he would have won a plaintiff's verdict of some value. "We had provable damages and third-party observers," Rosen said. "There is shock value when a woman goes into her basement, flips a light switch, and has the house blow up. Any juror would realize it could happen to them or their parents or their grandparents. This was a terrible tragedy and a preventable one." Because of the confidentiality agreement, Rosen would not say how much of the settlement each defendant must pay. The settlement was strictly for Palmer's death. Rosen said a property claim for damage done to the house was settled with an insurance company, which may now make a claim against the defendants. Criminal Charges
While Equitable has settled the civil suit against it, the utility still faces criminal charges arising out of the explosion. The state Department of Labor and Industry filed a criminal complaint against Equitable last year, alleging improper marking of the area. According to the complaint, Equitable failed to mark the position of a natural gas service line within 18 inches, as required by law. Equitable marked the line at least 56 inches from its actual location, the complaint says. If convicted, the utility would be liable for at least $20,000 in fines and the cost of prosecution.
Date Received: July 11, 2001

Coal company settles Explosion injury for $1.5 million.

Cataney v. Robinson Coal Co.
$1.5 million settlement
Date of Verdict or Settlement:
Jan. 18, 1999.
Court and Case Number:
C.P. Allegheny No. GD93-18005.
Judge:
N/A
Type of Action:
Negligence.
Injuries:
Tibia Fracture.
Plaintiff(s)' Attorney(s):
Jon R. Perry and Neil R. Rosen,
Pittsburgh.
Defense Attorney(s):
Dennis Mulvihill, Bruce E. Rende, P.
Brennan Hart and John F. Doherty,
Pittsburgh.
Plaintiff(s)' Expert(s):
Spencer L. Butterfield, M.D., orthopedic surgeon, Pittsburgh; Bruce Sharpnack, M.D., family practice, Hickory; Margaret Reidy, M.D., rehabilitative medicine, Pittsburgh; Sharon Leak, PhD., vocational psychologist, Pittsburgh; Frederick G. Clerici, physical therapist, Moon Township; James R. Kenkel, Ph.D., economist, Pittsburgh.
Defense Expert(s):
Paul Lieber, M.D., physiatrist, Pittsburgh; Lawson Bernstein, M.D., psychiatrist, Pittsburgh; Sharon L. Heilein, vocational specialist, Pittsburgh.
Comments:
James Cataney was a certified U.S. Air jet engine and powerplant mechanic when he was injured as a result of blasting activities conducted by Robinson Coal Co. and Senex Explosives Inc. The blasting was being done near Cataney's home as part of strip mining operations. Cataney, who suffered a grade 3B open tibia fracture, pursued claims under absolute strict liability and negligence theories. He sought damages for pain and suffering, loss of enjoyment of life, disfigurement and a lost wage claim for his permanent and total disability. Robinson argued Cataney was able to work with very little, if any, wage loss.
After the injury trial started, one juror admitted being a lifelong friend of the principal of Robinson but the court declined to replace the juror with an alternate. A directed verdict on the issue of liability was directed in favor of Cataney.
At the close of evidence, Cataney again requested an alternate juror but the court again refused. The jury returned a verdict in his favor in the amount of $350,000. Cataney appealed the verdict in part on the trial court's refusal to strike the biased juror. The state Superior Court reversed and remanded. The state Supreme Court denied Robinson's request to grant allocatur. The case was settled two days before the retrial for $1.5 million. 

$12.8 Million Dollar Jury Award for Breast Cancer Patient

Mercer County A Mercer County jury awarded $12.8 million to a Hermitage school teacher who had filed a malpractice lawsuit against two doctors for failing to diagnose her breast cancer. Marie Viola, 48, is suffering from incurable breast cancer that has spread to her liver, according to one of her attorneys, Neil Rosen of Pittsburgh. Dr. John P. Gallagher, a Hermitage gynecologist, performed a breast examination on Viola in September 1996, felt something he described as "vague" in her left breast, but neglected to conduct a tissue biopsy. Then Dr. John Garriott, a radiologist, performed a mammogram that he concluded was normal. About 18 months later, other doctors diagnosed Viola with an advanced form of breast cancer that had metastasized in her lower back. Chemotherapy and stem-cell transplants have not succeeded and the cancer has since spread to her liver. "When she dies, it likely will be of breast cancer," Rosen said. The defendants in the lawsuit were Gallagher, Garriott and Garriott's employer, the Sharon Regional Health System. Jack Quinn, attorney for Sharon Regional Health System, said the defendants plan to appeal. Viola did not return a phone message. 

Couple wins $1 million in genetic defect lawsuit

DURHAM, N.C. (AP) - A Fayette County couple won more than $1 million from a U.S. District Court jury that found Duke University and a Durham technician negligent for failing to warn the couple of genetic problems that caused birth defects in their, daughter.

Tractor-Trailer Accident Causes Severe Leg Injuries

A tractor-trailer jackknifed and hit the client's vehicle in this case. The client was trapped in his vehicle and suffered a fractured and dislocated right ankle, a dislocation of the left knee plate, broken bones in the left foot and required pins in the left ankle. This case settled for $450,000.00. 

Thoracic Surgeon Refuses to Treat Patient with Severe Symptoms

As the thoracic surgeon managing this case over the long term, the surgeon was in the best position to appreciate the potential for compounding complications of the mediastinal infection suffered by the client. Instead of seeing this client based on complaints of spinal problems, the surgeon sent the patient to an emergency room doctor. The less than acceptable nature of the emergency medicine doctor's evaluation delayed proper diagnosis and treatment. With the client's second plea to the attending thoracic surgeon, the client was again rejected, being sent for a useless test, rather than being seen by the thoracic surgeon with first-hand knowledge of the case. The patient was also not referred to a thoughtful spinal surgeon. With this strategy of putting the client off, not once but twice, the doctor failed the patient and was the principal reason that diagnosis was delayed beyond the time that surgical intervention would have been beneficial. There is no question that earlier diagnosis would have afforded this client a very substantial opportunity for successful surgical intervention. Rosen Louik & Perry, Pittsburgh malpractice lawyers, represented the client's claim. Good care is not the ordering of tests rather than seeing the client; especially a client reporting such alarming symptoms. This case was settled for $400,000.00.

Stage III Lung Cancer Goes Untreated for 15 Months Leading to Aggressive Chemotherapy Complications

This client presented to his physician with pain in his rib cage and expressed concern over symptoms of lung cancer, as he had a family history of the disease. He was ordered to undergo a chest x-ray, which indeed revealed a lesion in his chest. However, a doctor interpreted the x-ray as negative. The client continued to suffer chest pain for several months, during which time his physician diagnosed client with musculoskeletal pain. After a fifteen month delay, a chest x-ray performed by a pulmonologist led to the diagnosis of stage III lung cancer that had been present since client's original presentation to his doctor. After consulting with our resident medical experts, Pittsburgh cancer malpractice lawyers at Rosen Louik & Perry determined that the delay in diagnosis and treatment forced client to undergo aggressive chemotherapy and radiation and suffered complications as a result. This case settled for policy limits of $1,200,000.00.

Surgical Errors on Ulcerative Colitis Patient Lead to Death

Our client was diagnosed with ulcerative colitis, a type of inflammatory bowel disease that affects the large intestine and rectum. Also, during a surgical procedure to correct this, the surgeon failed to perform an ileostomy in order to protect client's anastomotic site from breaking down. During the procedure, the surgeons accidentally created a 120 twist in the small bowel mesentery. As a result of this twist in client's bowel, he suffered from an extensive leak at the ileoanal pouch-anal anastomosis. Client ultimately died from complications. Surgical error malpractice contributed to client's cause of death. Rosen Louik & Perry fiercely represented the claim for client's family. This case settled for $375,000.00.

Victim Crushed by Improperly Installed Office Cabinet

This is a work-related, personal injury case. A 150 lb. cabinet fell on top of the client because there was no backing in the wall for proper anchoring, crushing the client onto the desk . Rosen Louik & Perry successfully discovered the identity of the contractors who originally installed the cabinet. The installer was not protected by the worker's compensation immunity bar and was sued. The case was settled for $450,000.00. 

This client died after her doctor performed several risky surgical operations that were not required and not necessary or relevant to treat the client. After presenting to the hospital with abdominal pain, client was diagnosed with reflux esophagitis and

Twenty years after successfully beating childhood cancer, this young lady sought to have vaginal reconstruction of the areas that were treated and removed in order to eradicate her cancer. The plastic surgeon attempted surgery on irradiated tissue, (tissue previously exposed to radiation) an act that should never be done. The Caring Lawyers, Rosen Louik & Perry represented the client's reconstructive surgery malpractice claim. In addition to causing additional damage, the surgeon also sentenced this woman to a permanent colostomy and urostomy. This case settled for $ 3,760,000.00.

Unnecessary Surgery Results in Death of Patient

This client died after her doctor performed several risky surgical operations that were not required and not necessary or relevant to treat the client. After presenting to the hospital with abdominal pain, client was diagnosed with reflux esophagitis and hiatal hernia. At the time, client had an Angelchick prothesis that had been inserted years earlier and was functioning successfully and properly. However, client's doctor removed this device to construct a Nissen fundoplication, and in doing so, perforated client's esophagus and stomach wall, rendering the client severely ill. After client's doctor performed another surgery to repair client's abdominal abscess and perforation, client began to exhibit symptoms indicating that the drainage had been inadequate and that client had developed an infection as a result. Nevertheless, client's doctor discharged client from the hospital. After client had to be re-admitted to the hospital, bizarrely, client's doctor decided to remove a part of client's stomach and ovaries, with no medical reason to do so. In the process, the doctor lacerated client's spleen and transected her common bile duct and hepatic artery. Client began to hemorrhage heavily and went in shock, and client's doctor failed to provide for immediate blood availability from a blood bank earlier. To restore blood, the doctor then utilized a "cell saver;" however, the blood the doctor retrieved and recycled back into the client was contaminated and as a result, client died a short time later. Rosen Louik & Perry of Pittsburgh, PA argued a medical malpractice death claim for the family of the client. This case settled for $ 772,600.00.

Unnecessary Metal Component Of Coat Causes Severe Damage To Eye

This client bought a new coat at a department store which was equipped with an elastic drawstring with a metal cone-shaped object attached. This metal piece got caught under a person who sat next to client and released under tension when client stood up. The metal cone hit client in the eye. The client suffered traumatic hyphemia to the right eye, a contusion of the right eye, blood in the anterior chamber of the right eye, and a significant sectoral iris tear. Client was forced to undergo various surgical procedures and was left with permanent injury to her depth perception and permanent ocular damage. Defective product lawyers Rosen Louik & Perry of Pennsylvania pursued a product liability case against the national retailer as well as coat manufacturer. Plaintiff's theory was that the cone-shaped metallic end attached to an elastic drawstring served no legitimate purpose but made the product unreasonably dangerous. Numerous, safer alternative designs were available. Rosen Louik & Perry secured experts who support this theory and thedefective product settlement case settled for $300,000.00.

Trazodone Prescription Causes Patient to Develop Priapism

The client developed priapism, which is a potentially harmful and painful medical condition in which the erect penis does not return to its flaccid state. After four hours, irreversible damage can occur. The client's priapism resulted from a prescription of Trazodone which he had been prescribed for anxiety. The prescribing doctor never told the client to seek immediate medical care if priapism developed and then failed to immediately act when client called reporting an erection. Client sought a claim against doctor and called Pennsylvania Malpractice Law Firm Rosen Louik & Perry. This case settled for policy limits of $1,000,000.00 immediately before opening statements.

Doctor-patient confidentiality

Most Pittsburgh residents have heard of something called doctor-patient confidentiality. The relationship a patients have with their doctor is very personal and full of a lot of sensitive information. When doctor-patient confidentiality has been breached patients may have legal rights to file a medical malpractice lawsuit.

Patient Develops Clot in Brachial Artery after Doctors Fail to Diagnose Subclavian Artery Aneurysm

The hospital team failed to diagnose and treat a right subclavian artery aneurysm in our client. The aneurysm was clearly shown on the angiogram but was missed by the reader. Because of this oversight, the client developed a blood clot in the right brachial artery and lost arm strength. The case settled for $437,500.00. 

Patient Contracts CMV after Renal Transplantation

Our client was admitted to the hospital for renal (kidney) transplantation. After the client received the kidney, the client was diagnosed with a Cytomegalovirus (CMV), a form of herpes virus. This virus should have been identified and eradicated in pre-transplant screening. The client will now be a lifetime carrier of this disease. The case was settled for $225,000.00. 

PA Icy Roads Cause Paralyzing Accident

This 30-year old client was involved in a minor automobile accident but sustained a paralyzing injury. The state of Pennsylvania was sued for knowingly allowing ice to accumulate on the roadway, thereby causing the motor vehicle accident. In these situations, the state enjoys limited sovereign immunity and is only responsible for up to a $250,000.00 payment. After discovery proved that the state knew, or should have known of the roadway drainage problem, the case settled for $225,000.00.

Ophthalmologist Damages Patient's Eye during Cataract Surgery Causing Significant Vision Loss

This case involves an elderly client, who had long been blind in the left eye, who lost significant vision in the right eye following a cataract surgery. Client contacted Rosen Louik & Perry, The Caring Lawyers to file a claim. The client contended that the treating ophthalmologist damaged the right eye during the surgery and failed to manage post-operative intraocular hypertension that appeared following surgery thereby permanently damaging the client's right optic nerve. Defendant doctor argued that he met the standard of care during his cataract surgery. This case settled for $350,000.00.

Elderly Patient in Shock Dies after Doctors Fail to Properly Monitor Condition

This elderly client was in shock due to a loss of blood from a bleeding ulcer in the stomach and was therefrom admitted into the hospital. The client had complications of gastric hemorrhage and prolonged shock. The hospital team, working on the client, neglected to monitor the client's well being during hospitalization, resulting in his death. The wrongful death malpractice claim was represented by Pennsylvania Malpractice Lawyers Rosen Louik & Perry. This case settled for $730,000.00.

Drunk Driver Mistakenly Hits Daughter

Our client in this case is woman who was sitting with her mother outside of their house when her father, a drunk driver, tried to run over her mother. In the process, he injured his daughter. The victim called Rosen Louik & Perry, Pennsylvania personal injury lawyers to represent her drunk driver accident claim. The insurance company denied coverage on the basis that it was an intentional act and there was no insurance coverage. The case was settled for policy limits of $300,000.00.

Driver Accidentally Hits Passenger with Door of Car

Our client was a passenger in a car when his hat flew out the window. The driver of the car pulled over so our client could pick up the hat. While client was bending over to retrieve the hat, the driver began to back up his vehicle while the passenger door was open. In doing so, the driver hit the client in the head with the passenger side door, knocking the client unconscious. The client suffered injuries including a closed head injury and open lacerations of the face and forehead and a concussion. This auto accident settlement casesettled for policy limits of $100,000.00

Doctors Mistreat Cancer Resulting in Colostomy for 15 Months until Patient Dies

Our client was admitted to the hospital as a result of rectal bleeding, rectal pain and changes in her bowel habits. An exam revealed a rectal mass that was biopsied and interpreted by client's doctors as adenocarcinoma, a form of cancer that cannot be treated with radiation and/or chemotherapy. The client was informed that the only option of treatment was a colostomy. Following the colostomy, rectal tissue that had been removed was again sent for examination and was diagnosed as a squamous carcinoma, not adenocarcinoma. Because of the differing evaluations of the tissue, the original biopsy was reviewed. It was concluded that the first biopsy showed only squamous carcinoma and not adenocarcinoma. Only when radiation and chemotherapy fail is surgery a form of treatment for squamous cell carcinoma. This client would not have had to undergo the invasive surgery if doctors would have diagnosed the correct form of cancer originally. The colon cancer malpractice case was represented by Rosen Louik & Perry, Pittsbugh malpractice lawyers. The client lived 15 months with a colostomy and then died from the cancer: Following a week-long trial, a jury awarded decedent's sons, $592,725.76.

Doctors Fail to Diagnose Neurofibroma

Doctors failed to diagnose this client with neurofibroma, a benign nerve sheath tumor in the peripheral nervous system. Defendants contended that the diagnosis was subtle and would not have been made by a reasonably prudent physician. Defendants further alleged that the client's problems were caused by the disease process and not the delay in diagnosis. The case settled for $950,000.00. 

Doctors Misdiagnose Patient and Perform Needless Surgery

After a motor vehicle accident, our client suffered from frequent headaches. Her doctors diagnosed her with cluster headaches and performed microvascular decompression surgery. Rosen Louik & Perry, Pennsylvania Malpractice Lawyers, presented powerful testimony that this surgery is not performed for cluster headaches and proved that our client did not have true cluster headaches. Our medical research team was consulted and determined this course of treatment was inappropriate for the client's symptoms and a surgery malpractice claim was pursued. The case settled for $2,000,000.00.

Victim Left with Drop Foot after 2 Month Delay in Spinal Cord Compression Diagnosis

A delay in the diagnosis of a fracture of the 12th thoracic vertebra after the client fell from a ladder resulted in this medical malpractice case. The fracture caused compression of the spinal cord, and due to the 6-8 week delay in the diagnosis and surgical treatment of this condition, the client was left with a drop foot that would not have resulted from the initial fall. Spinal cord injury claim was litigated by malpractice attorneys at Rosen Louik & Perry. This case was settled for $850,000.00.

Victim Trips over Department Store Carpet Falling Face First into Glass Door

This client tripped over a carpet that was known to never lie flat in a popular department store and fell face first into a set of glass doors. The client suffered injuries to her face, shin and shoulder and called Rosen Louik & Perry to represent her slip and fall claim. This premises liability case was settled for $100,000.00.

Woman Receives Large Scar after Undergoing Tattoo Laser Removal

This client went to a laser hair removal clinic who advertised tattoo removal. Client suffered a large scar in the area where the tattoo was removed -- a 3" x 3" raised area on her left arm. After an expert doctor reviewed the case, the doctor came to the conclusion that this facility had lasers that are neither designed nor intended for tattoo removal. This case was settled for a tattoo removal injury settlement of $100,000.

Woman Suffers Injuries after Automatic Door Malfunctions

The client was visiting her spouse in the hospital and was going through an automatic door when the door closed on the client throwing her into the wall. The client suffered a broken hip and fractured arm. This case settled for $160,000.00.

Woman Suffers Neck and Back Injury after Being Struck by Falling Case of Pepsi

Client was shopping at a grocery store when a case of Pepsi fell and struck client on the head. Client left the store but later returned to file an incident report. Defendants argued that the event never happened and, if it had, client was not injured noting that she left the store without assistance. Client suffered a neck and back injury. The case settled for $165,000.00. 

Woman Suffers Stroke after Doctors Delay Treatment of Right Vertebral Artery Dissection

This client, a 26 year old woman, experienced a brainstem stroke caused by a right vertebral artery dissection that client's hospital doctors recognized but failed to treat. Client presented to the emergency room complaining of a several-hour history of dysesthesias and mild weakness involving the left side of her body. However, doctors withheld diagnostic testing until the following morning, and the client ultimately suffered a stroke during the delay. Rosen Louik & Perry discovered delay in treatment lead to stroke and left client with minor left-sided weakness. This case settled for $495,000.00.

Women Undergoes Unnecessary Cervical Cancer After Doctors Fail to Perform LEEP Procedure

Our client underwent a hysterectomy for cervical cancer and believed that it could have been avoided had a LEEP procedure been done a year prior to this surgery. After reviewing her medical records, Rosen Louik & Perry lawyers secured a pathologist to support the claim. After complex and thorough pathology depositions, the case settled for $600,000.00. 

Young Girl Suffers Hypoxic Shock and Apnea after Accidental Vercuronium Administration

Our client was a 5-year old female who presented to the emergency room with vomiting and diarrhea. Due to her dehydration, emergency room employees were ordered to administer fluids. While starting a new IV, a nurse attempted to flush the IV with a syringe believed to contain a pre-mixed saline solution. However, instead of saline, an excessive amount of Vercuronium, a paralytic typically used to incapacitate a patient prior to intubation or surgery, was mistakenly administered to client. As a result, our client became cyanotic and could not breathe on her own. She ultimately suffered hypoxic shock and apnea but made a full recovery. The client retained Rosen Louik & Perry to pursue a damages claim. Our Allegheny medical malpractice lawyers determined the medication error caused her condition to worsen. This case settled for $220,000.00.

Young Girl Suffers Permanent Stomach Complications from Kid's Meal

This young girl contracted a food borne illness, E-coli, from eating a Kid's Meal at a popular fast-food restaurant. After the incident, the client suffered from the after-effects indicating gastric problems that required a very low-fat diet. The condition was permanent. The client experienced frequent severe stomach pain when she deviated from her strict diet due to the irreversible damage done to the pancreas. Rosen Louik & Perry, Pennsylvania Personal Injury Attorneys were able to prove that the E-coli was introduced via the negligence of the fast food. The case was settled for $950,000.00.

Bad Faith Verdicts

Man Dies Due to Smoke Inhalation Resulting in Bad Faith Claim Against Insurer
While burning Christmas wrapping paper in his backyard, the decedent lost control of the fire and called for help. When firemen arrived ten minutes later they found the entire backyard engulfed in flame. While spraying the flames, the decedent was found lying face up with a charred phone next to his ear. The coroner determined the cause of death to be smoke inhalation. The defendant insurance company refused to pay accidental death benefits claiming the death was caused by a pre-existing heart problem that was triggered by the vigorous activity of trying to extinguish the brush fire. Rosen Louik & Perry lawyers obtained tapes of the 911 call and were able to establish that the client's decedent was snoring after he lost consciousness. This was inconsistent with an immediately fatal heart attack. Forensic pathologists were retained as experts who confirmed smoke inhalation as the cause of death. This case, including a bad faith cause of action, settled in excess of policy limits for $ 537,500.00

Patient Dies from Complications After Feeding Tube is Reinserted Incorrectly

A doctor attempted to reinsert a dislodged gastronomy feeding tube (G-tube), but the client began experiencing immediate pain as a result. An x-ray was performed and gastrografin was injected into the G-tube to make the x-ray visible. The doctor determined that the x-ray was negative and decided that nothing was wrong with the reinserted G-tube. Our client was later taken to a different hospital, where doctor's determined that the G-tube was reinserted incorrectly. Our client had developed severe sepsis as a result of a buildup of gastrografin in his abdominal cavity. Following emergency surgery, the client's condition worsened as he developed multi-stem organ failure with disseminated intravascular coagulation, adult respiratory distress syndrome, and acute tubular necrosis. Life support was withdrawn given the client's grave prognosis resulting in the client's death. The case settled for $1,000,000.00. 

Automobile Accident Causes Chronic Pain Syndrome

The client sustained back injuries that resulted in chronic pain syndrome after his vehicle was hit from behind while stopped in a line of traffic. The client brought his car crash claim to Rosen Louik & Perry, the Pittsburgh area's premiere auto accident attorneys. Defendant argued that there was no objective medical evidence of a back problem that would explain client's pain. Defendants argued that the lack of physical damage to the automobiles proved that client could not have been hurt badly in the accident. Defendant contended that client could immediately return to work and that he had no real pain. Following discovery and depositions, this case settled for $335,000.00.

Security Guard Injured by Thief's Car

As a security guard for a retail store located in a mall, the client followed a young man who had stolen a leather jacket into the parking lot. The thief's car nearly ran over the client, causing the client to jump out of the way, injuring the client's knee. There was no actual contact between the car and the client. The automobile insurance carrier denied coverage to the thief claiming an intentional act exclusion. Rosen Louik & Perry, Pennsylvania Worker's Compensation Lawyers, were able to prove that the thief's acts with the vehicle were not intentionally directed toward injuring the client. Such an intentional act would have nullified insurance coverage for the client's injuries. Once intentional acts were excluded, the insurance from the automobile company was required to cover the accident. The case settled for $475,000.00.

Resection of Mediastinal Mass Results in Transected Artery and Dissected Brachial Plexus

The client was scheduled for resection of a benign anterior mediastinal mass. The client was taken to the operating room where a doctor attempted to perform a thorascopic procedure. During the procedure, apparently, the doctor believed that he was incising what appeared to be a mass but when the first section was sent to pathology it was reported as containing a portion of nerve while the second portion that was removed was reported as containing a major artery. Another doctor explored the surgical area and found that the lower trunk of the brachial plexus had been dissected. Another different doctor explored the area and found that the left subclavian and axillary artery had been transected. Pittsburgh Malpractice Law FirmRosen Louik & Perry proved wrongdoing. The client suffered a devastating injury to his arm and the case settled for $1,900,000.00.

Auto Accident Verdicts

Settlement For Client Killed By Cell Phone-Using Driver

Our client was involved in an auto accident involving a driver for a private company who was using a cell phone at the time of the accident. This victim's family was awarded a settlement by the court of $3,350,000 and the driver and company found liable for the tragic death.

Refusal to Operate on Abdominal Aortic Aneurysm Results in Patient Death

Our client was diagnosed with an abdominal aortic aneurysm. His doctors informed him that he did not require operation but would need to be monitored. However, his physician never arranged for follow-up testing and therefore he was deprived of monitoring. Our client suffered from a ruptured abdominal aortic aneurysm, causing his eventual death. Rosen Louik & Perry, The Caring Lawyers, was chosen to represent the medical malpractice wrongful death claim for the client's family because of our years of experience in malpractice law and our compassionate understanding during tragic occurrences like these. Our in-house medically-trained research team evaluated the client's records to determine improper treatment. This case was settled for $500,000.00.

Improperly Placed Gastronomy Tube Leads to Severe Health Conditions

Our client needed his percutaneous endoscopic gastronomy tube (PEG tube) replaced. A new PEG tube was improperly placed in the client's peritoneal cavity rather than his stomach, causing extensive peritonitis and free air. A second operation was needed to correct the misplaced PEG tube. As a result of the doctor's negligence in misplacing the tube, the client developed numerous, severe health conditions including, MRSA, VRE of his G tube, multiple episodes of C. Diff, chronic constipation, tube feeding, aphagia, and malnutrition. The case settled for $750,000.00. 

Failure to Diagnosis Bilateral Compartment Syndrome Leads to Amputation of Left Leg

Following surgery to repair our minor-client's coronary artery and replace his aortic valve, doctor's determined that the minor-client was suffering from marginal cardiac output with significant signs of low output, post-operative renal failure, pancreatitis, vascular compartment syndrome to both legs, and significant thrombocytopenia. The minor-client began experiencing tenderness in both calves. Soon thereafter, it was discovered that the minor-client had an occluded right external iliac artery. A thrombectomy was performed on the artery and extensive fasciotomies on the muscles. The minor-client was transferred to a different hospital where he was treated for bilateral compartment syndrome in his legs. Given the tenderness of the minor-client's legs in conjunction with his subsequent health conditions post-operative, had the minor-client's doctors noticed the poor circulation to the minor-client's legs, the amputation of his left leg below the knee could have been avoided. The case settled for $4,750,000.00. 

Anesthesia Error Leads to Comatose State and Life Support Being Withdrawn

Soon after undergoing a kidney transplant, our client began experiencing pain when coughing and when short of breath. It was later discovered that our client was administered an excessive amount of Propofol during intubation. The client remained in a comatose state until life support was withdrawn a few weeks later resulting in his death. The case settled for $1,789,000.00. 

Medical Negligence Results in Extravasation as Patient Receives Treatment for Hypocalcemia

Our client was admitted to the Hospital for a kidney transplant. Preliminary tests revealed that the client was suffering from a condition known as hypocalcemia, a calcium deficiency in the blood. Calcium chloride was administered to our client. Calcium chloride can only be safely administered into a large-bore catheter located within a central vein such as the internal jugular or subclavien. The nurse, however, administered the calcium chloride to the client through a peripheral IV in his left hand. The client suffered extravasation, meaning the calcium chloride leaked into the subcutaneous tissue of the client's left hand, causing serious injuries. The case settled for $65,000.00 

Racquetball Player Loses Finger at the Gym

This client was playing racquetball at a gym when the client sustained a traumatic amputation to the right small finger when it became caught in a glass door situate and a part of the rear wall of the court. Upon investigation, Rosen Louik & Perry of Pittsburgh discovered that the glass door had a defect that was a dangerous and unsafe condition. The property owner was sued for failing to correct or warn of the defect. This case settled for $165,000.00.

Neuralgia/Neuritis Diagnosed After Surgical Errors Occur During Treatment for Plantar Fasciitis

Our client was suffering from plantar fasciitis on her left heel. After conservative treatment including injection therapy, strapping, padding, night splints, and other exercises proved unsuccessful, surgery was performed. The client continued to experience pain, tingling, burning, periods of numbness, and a bruised feeling on her foot post-operative. Second and third opinions were sought. A second surgery was required to correct damage inflicted from the first surgery. The client developed signs and symptoms consistent with nocioceptive pain and neuropathic pain, disorders consistent with a complex regional pain syndrome. The client was also diagnosed with neuralgia/neuritis of the left foot as a result of the negligent performance of the first surgery. The case settled for $925,000.00. 

Delayed Radiological Findings Cause Appendix Perforation

A delay in the diagnosis of appendicitis led to a perforation, which led to peritonitis, an inflammation (irritation) of the peritoneum, the tissue that lines the wall of the abdomen and covers the abdominal organs. Rosen Louik & Perry of Pittsburgh, PA represented the client's radiology malpractice claim. Our expert doctor was of the strong belief that the discrepancy in the radiologic findings should not have been floating in the hospital for four days. The communication error directly caused the four-day delay and the problems described. This case was settled for $725,000.00.

Delayed Prostate Cancer Diagnoses Results in Sexual Dysfunction

The physician in this case ordered routine blood-work including a prostate serum antigen (PSA). The PSA results were returned as markedly elevated but were ignored by the ordering physician. As a result, there was a three-year delay in diagnosing our client's prostate cancer. The cancer was removed and client was cancer free but suffered from the side effects of a radical prostatectomy, including sexual dysfunction. The Caring Lawyers, Rosen Louik & Perry consulted prostate cancer malpractice medical research team and determined that, statistically, the client had a better chance of preserving his sexual function if his cancer had been treated earlier. This case settled for $450,000.00.

Delayed Colonoscopy Allows Colon Cancer to Metastasize

This case involved the failure to perform screening procedures that would have allowed the earlier diagnosis of colon cancer. At age 60, the client was not offered a screening colonoscopy as recommended by nearly all scholars. The client had a colonoscopy three years later and was diagnosed with colon cancer. By the time the diagnosis was made, the client's cancer had metastasized to the liver. The family called Rosen Louik & Perry to pursue the colon cancer misdiagnosis claim. A trial jury found in favor of the client and awarded $3,625,000.00 in damages. The client's wife was awarded $2,000,000.00 on her claim for loss of consortium.

Delayed Cervical Cancer Diagnosis Deprives Patient of Ability to have Children

The failure to diagnose cervical cancer rendered our client sterile at the age of 35 after a pathologist misread multiple years of pap smears. Had her pathologist been diligent, our client's pre-cancerous dysphasia would have been eradicated without the need for a hysterectomy. Although our client was ultimately cured of her cancer, she lost the ability to bear children. Rosen Louik & Perry represented the client's failure to diagnose cancer claim. The case settled for $800,000.00.

Delay in Diagnosis of Femoral Neck Fracture Results in Constant Pain and Nonfunctional Hip

Client presented to his family physician with a chief complaint of pain in his left hip. The doctor prescribed pain medications and sent the client home blaming the pain on a running injury. However, client's pain in his hip continued and eventually radiated through his leg and knee. Despite the continuing symptoms, client's doctors misdiagnosed what was a left femoral neck fracture for 6 months, instead sending client to physical therapy, which aggravated the fracture. This delay in diagnosis left client with constant pain and a nonfunctional hip. Neck injury malpractice claim pursued by Rosen Louik & Perry, The Caring Lawyers. This case settled for $650,000.00.

Prostate Cancer Spreads to Skeletal System Due to Delay in Diagnosis

Client's doctors failed to both perform regular prostate exams and inform client that he needed to receive them. As a result, client suffered a delay in the diagnosis of prostate cancer that metastasized and spread to his skeletal system. Rosen Louik & Perry, medical malpractice lawyers in Pittsburgh, PA represented the client's claim in court.Defendants argued through expert opinions that the delay in diagnosing and treating made no material difference in the patient's outcome. The case settled for $350,000.00.

Antibiotics Cause Total Loss of Balance in Patient with Labrynthitis

The client complained of an imbalance problem and had symptoms of an earache, dizziness, nausea and vertigo. The doctor diagnosed the client as suffering from labrynthitis, which is an ear disorder that involves irritation and swelling of the inner ear, and prescribed an antiquated and outdated antibiotic. The antibiotic required frequent detailed assessment of the client's clinical condition. Visiting nurses and the home care pharmacy filling the prescriptions failed to appropriately follow the client, resulting in terrible side effects. The client was diagnosed with ototoxicity, which is damage to the ear specifically the cochlea, or auditory nerve and the vestibular system. The client lost all sense of balance as a result. Rosen Louik & Perry,Westmoreland County malpractice attorneys represented the client in court. A jury deliberated for three days before returning a verdict against the pharmacy in the amount of $975,000.00. The other defendants settled prior to verdict for $2,000,000.00.

Accident in Company Car Results in Bodily and Neurological Injuries

Client was driving a company car and was rear-ended and pushed into another vehicle. The client suffered a brain lesion, a fractured rib, had surgery on the right knee, and neurological treatment for headaches and numbness. This case settled for policy limits of $100,000.00. 

Absence of Handrail on Handicapped Ramp Results in Head Injury

The client, who had a prosthetic left leg, was walking up a handicapped ramp with a cane, lost balance and fell backwards. The ramp failed to have a handrail. The client lost consciousness for over a minute and was rushed to the hospital. The client suffered a fractured skull and intracranial bleeding. The case settled for $400,000.00. 

5 Year Old Riding Bicycle Severely Injured by Van Driver

The client, a five-year-old boy, was riding a bicycle when the driver of a van hit the client and dragged him under the vehicle without realizing it. The client suffered a broken left femur, broken right rib, and a crushed left hand. The client also suffered serious brain damage that left him partially blind and mentally disabled. This auto case settled for policy limits of $200,000.00. The medical malpractice case premised on doctor's failure to adequately diagnose and treat carbon dioxide poisoning settled for $2,500,000.00.

Neurosurgeon Removes Too Much Brain Tissue Leaving Young Girl in Vegetative State

This young girl went into a persistent vegetative state after a neurosurgeon performed a two-staged resection of a pilocytic astrocytoma, a brain tumor that occurs predominantly in children and involves the midline, basal, and posterior fossa structures. It is, in general, considered a benign and very treatable tumor of childhood. This tumor was located within the client's thalamus. Following the second stage of this surgery, the client did not awaken, and it was determined that the surgeon had mistakenly removed extensive tissue from the child's midbrain and pons. Rosen Louik & Perry, malpractice lawyers of Pittsburgh, represented the victim in court. This case settled, after six days of trial, for $8,000,000.00. 

Negligent Removal of Portions of Temporal Lobe Negatively Affects Patient's Speech, Memory and Cognitive Functions

Client suffered from epileptic seizures occurring since childhood. Under the belief that the seizures were originating in client's left temporal lobe, doctors surgically implanted electrodes into client's brain to confirm the seizures' precise location. However, after the surgery, a nurse accidentally cut the wire leads to the electrodes that had been implanted, leaving doctors with only a small observation window to determine the location of the seizures. As a result, doctors pre-maturely removed portions of client's temporal lobe. After the surgery, client's seizures continued. Moreover, the portions of the client's brain that were removed affected her speech, memory and cognitive function due to doctors negligently removing these portions of the brain without verifying whether those areas controlled vital functions such as speech, language and cognitive skills. Surgical negligence caused permanent harm to client and Rosen Louik & Perry represented the claim. This case settled for $1,775,000.00. 

Doctor Fails to Administer Clotting Factors to Patient with Hemophilia during Colonoscopy

The use of pre-colonoscopy clotting factors in patients with hemophilia or von Willebrand's disease was the primary issue in this case. Pennsylvania Medical Malpractice Attornys Rosen Louik & Perry represented the colonoscopy malpractice claim. Our expert doctor opined that the client's gastroenterologist improperly treated the client during a colonoscopy. The doctor in question should have been administering drugs or clotting factors to minimize the risk of bleeding. Our doctor emphasized that it is imprudent to biopsy body sites that cannot be compressed directly (to stop bleeding) unless one first gives the appropriate clotting factors. The failure to administer pre-colonoscopy clotting factors before the client's colonoscopy departed from accepted standards of medical care. This failure resulted in a second surgical procedure and a ten day hospitalization. This case was settled for $150,000.00.

Still Birth Occurs After Failure to Monitor Antibody Results in Blood Disorder

Our client suffered a still birth due to a failure to monitor the anti-E antibody titer resulting in hemolytic disease, a rare blood disorder of the newborn. Appropriate monitoring would have prevented this problem. The case settled for $900,000.00.

Doctor Damages Posterior Neurovascular Bundle of Patient's Left Extremity during Arthroscopic Surgery

Our client suffered injuries after undergoing knee surgery. The doctor who performed the arthroscopic surgery and osteotomy of client's left knee caused damage to the arteries and veins surrounding the knee, resulting in damages to the posterior tibial neurovascular bundle of the client's left lower extremity. These injuries resulted in limitation of movement in client's left knee. Pittsburgh, PA malpractice attorneys Rosen Louik & Perry negotiated a settlement before trial. The case settled for $200,000.00.

Negligent Administration of Drugs and Failure to Treat Symptoms Leave Patient Paraplegic

Our client, a 78-year old woman, presented to a hospital for a total hip replacement. Client was prescribed non-steroidal anti-inflammatory drugs as well as an anti-coagulant medication, Lovenox. However, despite written warnings of the possibility of spinal hematoma with the use of Levenox in conjunction with spinal anesthesia and the further increased risk of a hematoma when steroidal anti-inflammatory drugs are present, doctors proceeded with the administration of the medications and anesthesia. Upon beginning physical therapy, client's motor functioning severely decreased but doctors and nurses ignored the client's symptoms. Eventually doctors discovered a subdural spinal bleed. 

Child Has Five Surgeries for Compartment Syndrome After Nurse Fails to Inject Medicine Properly

Our two-year-old client almost lost his left leg when a nurse administering an intramuscular dose of Bicillin in his left medial thigh did not first pull back the plunger before injecting the medicine. The client went on to have a compartment syndrome of his left calf due to the bolus of Bicillin injected requiring an emergency fasciotomy. The client had a total of five surgeries on his left leg as a result of the compartment syndrome. He also underwent physical therapy. The case settled for $900,000.00 

Failure to Diagnose Cancer Leads to Death of Patient

Our client was experiencing pain and soreness on the left side of his throat. The doctor reading the client's CT scan misinterpreted the images, which lead to improper treatment. Fifteen months later, our client's pain had only gotten worse. A second doctor performed a second CT scan revealing a large mass. Through a biopsy, the mass was determined to be invasive squamous cell carcinoma. A PET scan was performed showing an extensive left-sided tumor extending from the nasopharynx to the larynx lateral oropharynx and metastatic disease to the left zones 2-4 lymph nodes. The client's disease was ruled Stage IV Squamous Cell Cancer. The client eventually succumbed to the disease due to its advanced stage despite radiation and chemotherapy treatments, a composite resection of the left tonsil and base of the tongue, left modified radical neck dissection, excision of left soft palate and uvula, excision of the lateral base of the tongue and lateral floor of the mouth as a result of the doctors failure to diagnose. The case was settled for $1,700,000.00. 

Brain Damage Occurs When Patient Goes Into Cardiac Arrest During Plastic Surgery

Our elderly client was to undergo an elective eyelid surgery to relieve his bilateral ptosis, or drooping of the eyelids. Prior to surgery, the client had a known history of advanced heart disease. He was placed on a biventricular dual-chamber defibrillator (ICD) 10 months before the proposed eyelid surgery, and his left ventricular ejection fraction (LVEF) was between 15 and 20% just 2 months before the surgery, which is severely abnormal. Nonetheless, the client was cleared for the eyelid surgery despite not being a suitable candidate. During the eyelid surgery, the client went into cardiac arrest, resulting in a comatose state of the client. He was later declared brain dead and life support was removed. The case settled for $350,000.00 

Continued Morphine Administration Leaves Patient with Severe Mental & Neurological Problems

Oxygen and morphine were administered to our client following a total abdominal hysterectomy and bilateral salpingo oophorectomy. Later that same night, the client was found to be tachycardic with a blood pressure of 91/50. The client continued to receive morphine up to 8mg per hour. Early the next morning, the client was unresponsive and severely hypoxemic. She was resuscitated and life-flighted to a nearby hospital. The client suffered a severe hypoxic-anoxic encephalopathy as well as other severe, permanent mental and neurological problems as a result of the continued morphine administration. The case was settled for $3,000,000.00. 

Negligence of Nurse Causes Cardiac Tamponade

Our expert doctor believed the client developed cardiac tamponade, a compression of the heart that occurs when blood or fluid builds up in the space between the myocardium (the muscle of the heart) and the pericardium (the outer covering sac of the heart), because the client's mediastinal chest tube became obstructed. This can happen following open-heart surgery and can be difficult to detect. A frequent sign heralding tubal obstruction was seen in this client's case: that is to say, an abrupt fall in the amount of blood draining via the chest tube. The nurse monitoring the client failed to recognize this extreme drop thereby failing to adhere to the standard of care. The client filed a medical negligence lawsuit with the help or Rosen Louik & Perry, The Caring Lawyers. This case settled for $970,000.00.

Negligence of Hardware Store Owner Results in Fatal Shooting of Police Officer

A local police officer pulled over a car for a routine traffic stop in a very rural Pennsylvania town. Upon approaching the vehicle, the officer was fatally shot by a teenage occupant of the vehicle. The gun used in the killing had been stolen from a hardware store and sold to the killer. The client's family consulted Personal Injury Attorneys Rosen Louik & Perry of Pittsburgh PA to represent their wrongful death claim. Rosen Louik & Perry lawyers were able to prove that the hardware store owner was negligent in his safekeeping of firearms, thereby permitting the theft. The case was vigorously defended until Rosen Louik & Perry lawyers were able to extract damning admissions from the store owner during his deposition. Within a month, the case settled for insurance policy limits. 

Diabetic Dies from Insulin Deficiency after Hospital Neglects Symptoms

The client, a twenty-nine-year-old insulin-dependent diabetic, presented to the emergency room with head, neck and shoulder pain. After a physical examination, our client reported to a nurse that he had felt hot and nauseated during the exam and was having difficulty breathing; however the nurse failed to report these symptoms to a doctor and our client was discharged from the hospital. When the client returned to the emergency room the following day with the same symptoms, he was diagnosed with diabetic ketoacidosis, a condition caused by insulin deficiency that is fatal if left untreated. The emergency room physician prescribed the client insulin. Client contacted The Caring Lawyers, personal injuries attorneys Rosen Louik & Perry to evaluate his claim. However, no insulin was ever given to the client and his blood sugar levels were never checked. As a result, the client's condition severely deteriorated and he ultimately died a short time later. This case settled for $825,000.00.

Dentist Removes Molar against Patient's Will Resulting in Loss of Taste

An aggressive dentist performed a bilateral third molar extraction with extreme force over the verbal cries from the patient to stop. The improper technique resulted in bilateral lingual nerve dysfunction causing the patient to lose 80% of her ability to taste. This case settled for $500,000.00.

Doctors Fail to Diagnose Lung Cancer After Chest X-Ray

Our client was required, as a condition of his employment, to undergo a yearly physical examination including a chest x-ray. The client was given an x-ray and a doctor interpreted the imaging to show a small area of increased density in the left lung - probably benign. Nothing further was done and the client was not notified of the results. The following year during his physical, an x-ray revealed a left upper lobe mass. An enhanced CT scan displayed a left pulmonary lesion that could not be ruled benign or malignant. A biopsy was performed and the client was eventually diagnosed with Stage IIIB, T-4, N-3, non-small lung carcinoma. Radiation and chemotherapy has been ineffective due to the advanced stage of the cancer. The case settled for $3,750,000.00. 

Paralyzed Client Suffers Severe Injuries After Fall in New Wheelchair

Our client was paralyzed and had utilized a wheelchair for the past 36 years of his life. His current wheelchair was in disrepair and a new, different model was supplied to our client. Unfortunately, the new model was supplied with no instruction, training, or warnings. The client suffered severe injuries from a fall in the new chair when it tipped forward, including a severely broken hip and four different fractures. The case was settled for $150,000.00. 

Client Assaulted by Unstable Man in Hospital Settles Personal Injury Suit

Our client was violently assaulted by a man he was sharing a hospital bedroom with. The assailant was mentally unstable and suffering from alcohol withdrawal and liver disease. The medical staff knew of this man's psychological problems, yet he was still placed in a room with another patient. The case settled for $275,000.00. 

Trucking Accident Results in Numerous Injuries for Client

Our minor-client suffered numerous injuries including contusions, bruises, lacerations, and abrasions on her body as well as tears of her muscles, tissues, and ligaments as a result of a head-on collision with a tractor-trailer on an interstate highway. The case settled for $75,000.00. 

Settlement Reached for 10-Year-Old Struck and Killed by Motorist Who Fled Scene

Our 10-year-old client was struck and killed by a motorist when the sled she was riding entered the roadway. The motorist had seen the children riding down the hill minutes prior to the accident. The motorist fled the scene, but was later identified by witnesses. The case was settled for $50,000.00. 

Needlessly Prolonged Labor Results In Severe Brain And Organ Injury To Child

This medical malpractice case arose out of severe injuries suffered by a newborn as a consequence of a prolonged, unnecessary labor induced by client's doctors and as a result of client's failing to perform a Cesarean section at an earlier time. It was predictable that the force and duration of contractions needed to produce an eventual vaginal delivery would subject client's child to inadequate oxygen and circulation, which could permanently injure the child. Defendants permitted these delays in spite of repetitive evidence that minor plaintiff was suffering severe distress as a consequence of an ineffective and prolonged labor. When the child was finally delivered, he was resuscitated vigorously at the time of his birth. However, the lack of oxygen to which he was subject during the labor resulted in multi-organ system failure for which he required critical care. Medical Malpractice Lawyers in Pittsburgh, Rosen Louik & Perry, determined that this course of action resulted in severe brain injury and disability. This case settled for $ 2,900,000.00.

Failed Biopsy Delays Treatment of Cancer

Our client had a biopsy of a soft tissue mass which was interpreted as a benign tumor. In fact, it was a low-grade fibrosarcoma. A CT scan five years later confirmed that client had developed metastatic disease which appeared in her lungs as lung cancer. As a result of this delay in treatment, she was diagnosed with Stage IV cancer, which by definition is not curable. Had the client been properly diagnosed, her tumor would have been cured, she would have been disease free and would have had a normal life expectancy. The client's tragic death was preventable with proper diagnosis. The client's family filed a failure to diagnosecancer claim and was represented by The Caring Lawyers, Rosen Louik & Perry. This case settled for $1,000,000.00. 

Gynecologist Misdiagnoses Invasive Breast Cancer as Fibrocystic Tissue

This client in her mid-thirties felt a lump on her breast during a self breast exam and went to her gynecologist requesting a mammogram. After feeling the lump, the gynecologist informed the client that the lump was fibrocystic tissue and refused her mammogram request. Fifteen months later, the client was diagnosed with invasive breast cancer. The doctor was sued for violating the standard of care by not obtaining a tissue diagnosis of the lump felt by patient. Rosen Louik & Perry, malpractice lawyers, represented the client's breast cancer malpractice claim. Defendants argued both that the standard of care was not violated and that the delay made no difference in outcome. The case was settled for $900,000.00. 

Motor Vehicle Accident Leaves Victim with Post Concussive Syndrome

The client was involved in a motor vehicle accident and suffered numerous injuries including a broken nose and severe bruising about the head and face, a facial laceration requiring stitches (forehead and right eye), a concussion with post concussive syndrome involving seizures, blackouts and neurological damage causing irregularities in cardiac functions, and bruised knees and chest. This client received a motor vehicle accidentsettlement of $100,000.00.

Girl Struck by Automobile Suffers Broken Pelvis and Cracked Tailbone

This client, a 16-year old pedestrian, was in an automobile accident when a vehicle struck client, pinning her to a brick wall. Client suffered a broken pelvis and cracked tailbone and was non-ambulatory for nearly two months. This case settled for $600,000.00. 

Passenger in Motorcycle Accident Sustains Severe Injuries After Being Rear-Ended

Our client was rear-ended while riding as a passenger on a motorcycle. She suffered severe and permanent injuries including an open, comminuted fracture of the right fibula, an open fracture-dislocation of the right medial malleolus, right upper lung atelectasis, a severe right ankle laceration, abrasions and contusions of the elbow, face and peri-orbital tissues, post-operative infections, impaired mobility and loss of motion of the ankle joint, severe post-traumatic arthritis of the right ankle, and permanent scarring and disfigurement. The case settled for $245,000.00. 

Personal Injury Settlement for Snow-Tubing Accident

Our client was standing at the bottom of a snow-tubing hill when he was struck by four teenagers speeding down the mountain. The Linking together of two or more riders was against the ski resort's policies, yet no employee of the resort stopped the four teenagers from doing so. The client suffered a depressed skull fracture, injury to the left ocular, and multiple tears to the dura lining of the brain. The case was settled in mediation for $412,500.00 in the aggregate. 

Head-On Motor Vehicle Accident Leaves Client with Knee, Leg & Head Injuries

Our client suffered multiple leg, knee, and head injuries as a result of a head-on, motor vehicle collision in which his car was struck by another motorist who had crossed over the double-yellow line into his lane of traffic. The case was settled for $150,000.00. 

Client Suffers Serious Injuries After Being Struck From Behind in Car Accident

Our client's vehicle was violently struck from behind while she was attempting to safely merge with traffic after exiting a highway. The client's vehicle was pushed into oncoming traffic as a result of the collision. The client suffered serious injuries as a result of the accident. The case settled for $11,500.00. 

Delayed Testing of Bladder Cancer Leads to Death

After presenting to a hospital multiple times complaining of frequent urination and blood in his urine, there was over a one year delay in client's doctors performing any diagnostic tests for his condition. As a result of this delay, client's invasive bladder cancer went undiagnosed and ultimately metastasized to various parts of client's body, causing his death. This case settled for $460,000.00. 

Motor Vehicle Accident Injuries Go Beyond Physical Damages

The client was involved in a motor vehicle accident and suffered extensive injuries, which included a severe head injury and upper muscular difficulties. The pretty young client looked healthy and her head injuries were not appreciable. Experts retained by Rosen Louik & Perry lawyers to demonstrate the non-apparent injuries included a neuropsychiatrist, physiatrist and vocational counselor. After extensive expert work-up, the case was settled for policy limits of $1,000,000.00.

Gas Light Explosion Kills 87-Year Old in House Fire

This 87-year old client was involved in a house fire, which started from a gas explosion inside her house. Detailed forensic investigation by Rosen Louik & Perry discovered that the explosion was caused by a gas leak caused when a telephone pole was placed on the gas line at street level pulling the line off its connection at our client's house. The area to place the pole had been mismarked by the "One Call" system which is designed to properly mark gas lines. Both the gas and electric company were sued. The client died instantly in the explosion and the family retained the services of Pittsburgh PA Personal Injury Attorneys Rosen Louik & Perry. This case was settled for $1,000,000.00.

Excessive Fluid Administration Results in Permanent Brain Damage

Our client was admitted into the hospital to have an outpatient surgery done on her right ear. Client was having what is commonly known as tubes placed in her ears. After the surgery and while in the recovery room, the client began to vomit causing her admission into the hospital overnight for monitoring. No physician ordered or authorized nursing staff to administer client fluids, but the client continued receiving them at an excessive rate. Soon client fell into coma from the swelling of her brain as a result of the excessive amount of fluids she was administered. Client now suffers from permanent brain damage and continues to suffer from severe neurologic deficits, motor control deficits and cognitive deficiencies. Client is mainstreamed in school but has residual mental and physical deficiencies. Client's family contacted Rosen Louik & Perry, Pennsylvania Brain Damage Attorneys, to evaluate a claim. This case settled for $7,000,000.00. 

Failure to Treat Hypertension and Hyperlipidemia Lead to Coronary Artery Disease

Potential delay of nine years in diagnosis of focal segmental glomerulosclerosis, which is scar tissue that forms in areas of the kidney that filter certain things out of the body. These areas of the kidney are called glomeruli. They help the body get rid of harmful or unnecessary substances. Each kidney has thousands of glomeruli. "Focal" means that some of the glomeruli become scarred, while others remain normal. Kidney disease often leads to hypertension and deranged blood lipid profiles. Both are well-recognized risk factors for atherosclerosis (hardening of the arteries). Medical malpractice lawyers of Pittsburgh, PA, Rosen Louik & Perry represented the coronary artery disease malpractice claim. Our expert doctor opined that the doctor in question and associates' failure to properly treat the client's hypertension and hyperlipidemia contributed to the client's premature coronary artery disease. The client's underlying glomerulosclerosis caused the client's hypertension and lipid disorder. Had the client's renal dysfunction been appropriately managed, it is probable that the client would never have developed hypertension and/or an abnormal lipid profile. The case was settled for $750,000.00. 

Excessive Chemotherapy Leads to Settlement due to Heightened Risk of Cardiotoxicity

A discovery of a lump in the patient's right axilla led to a diagnosis of Non-Hodgkin's lymphoma in this case. Non-Hodgkin's lymphoma is cancer that originates in your lymphatic system, the disease-fighting network, and then spreads throughout your body. In non-Hodgkin's lymphoma, tumors develop from lymphocytes - a type of white blood cell. The doctor, in question, breached the standard of care by continuing the client's CHOP chemotherapy, the most common chemotherapy regimen for treating this type of cancer, beyond eight cycles. By the end of those eight cycles, the patient's tumor had either gone into remission or become refractory to these agents. Rosen Louik & Perry, Pennsylvania malpractice attorneys consulted medical experts. In our expert doctor's view, use of CHOP beyond eight cycles was unlikely to benefit the patient and needlessly heightened the risk of the cardiotoxicity. The patient had suffered no damages as of the time of settlement. The case settled for $200,000.00. 

Mistreated Shotgun Wound to the Face Results in Permanent Blindness

The client was involved in a hunting accident and sustained a shotgun wound to the right face, right neck and shoulder. Review of a CT scan revealed 5 to 6 pellets located intracranially via an entrance from the right side of the client's head. Most of the pellets intracranially were toward the midline of the brain on the left side of the head in the frontal area. The client came under the care of an ophthalmologist for shotgun wounds but was mistreated, thereby causing a rupture of the choroid of the right eye causing macular blindness. The specific diagnosis was choroidal rupture with extensive fibrous material overlying the inferotemporal macular region. The Caring Lawyers, Rosen Louik & Perry represented the client's blindness surgical error claim. The client is permanently blind in the right eye and also suffers from depression as well as loss of sleep and short-term memory loss. The case was settled for $275,000.00, policy limits plus private payment.

Failure to Review Fetal Monitoring Strips Results in Severe Cerebral Palsy

Rosen Louik & Perry was contacted seventeen years after client's birth by client's mother. Over the years, five different law firms had reviewed client's case but all had declined to pursue an action on client's behalf. With the intent of filing a birth injury malpractice claim, Rosen Louik & Perry obtained client's medical records obtained client's medical records including the original fetal monitoring strips that had never been reviewed. Based on those fetal monitoring strips, Rosen Louik & Perry commenced an action against the obstetrician as well as the hospital responsible for client's delivery. Although more than 17 years had passed since the negligence occurred, the action was still viable under Pennsylvania's Minor Tolling Statute. Client had severe cerebral palsy and her mother raised her with little financial assistance but managed to graduate client from high school. Weeks before trial, this case settled for $4,070,000.00 

Coumadin Overdose Results in Hemorrhagic Stroke and Permanent Mental Disabilities

Our client was on Coumadin after a heart valve surgery. Doctors did not properly monitor the client after he presented to the hospital with continued bleeding from a venipuncture site and was not diagnosed as suffering from a Coumadin overdose until he suffered a hemorrhagic stroke. Client was left with severe mental disabilities and required daily assistance. The case settled for $2,400,000.00. 

Coumadin Anti-Coagulation Medicine Reaches Extreme Levels Causing Severe Stroke

This 83-year old client had an angioplastic procedure in the left leg due to developing ulcers on three of the toes. The client was placed on Coumadin to prevent blood clots, but the client's doctors failed to perform follow-up blood testing. Without laboratory monitoring, client progressed to a state of extreme anti-coagulation. As a result of client's doctors' failure to monitor blood work and Coumadin levels, client suffered a cerebellar hemorrhagic stroke from too high a dose of Coumadin. Rosen Louik & Perry of Pittsburgh, PA argued a medical malpractice death claim for the family of the client. This case settled for $1,400,000.00, an amount in excess of insurance coverage.

Client Suffers Stroke after Being Taken off Necessary Medication

Due to regular incidents of atrial fibrillation (an irregular heartbeat), this client was prescribed Coumadin to prevent cardioembolic complications (strokes) frequently experienced by those suffering from atrial fibrillation. Client's cardiologist recommended that client remain on the anti-coagulation therapy. Nevertheless, client's regular physician removed her from the blood thinner. As a result, client suffered a stroke and was left with minor neurological deficits. The client called the Rosen Louik & Perry, Pittsburgh Malpractice Attorneys, to review her claim. A medication malpractice claim was filed. This case settled for $327,500.00.

Client Experiences Lasting Effects from Auto Accident

Our client was a passenger in an automobile accident. She lost consciousness following impact and experienced nausea, neck strain, inability to move her neck, headaches, stiffness in her neck and right shoulder soreness. She also re-aggravated a back condition. The client contacted the Pittsburgh law office of Rosen Louik & Perry, The Caring Lawyers, to represent her back injury claim. The client received a back injury settlement of $210,000.00.

Erroneous Administration of Cefotan to Allergic Patient Causes Death

During surgery to treat an abdominal wound abscess, our sixty-six year old client was administered the antibiotic Cefotan. She had an immediate allergic reaction to the drugs and suffered anaphylactic shock and cardiac arrest while under anesthesia. Fortunately, client was resuscitated and the surgery was cancelled. She was released from the hospital with a note to reschedule her surgery and it was subsequently marked on the client's chart that she was allergic to the drug Cefotan and should never be administered the drug again. When client's surgery was rescheduled, client informed her doctor and anesthesiologists of her previous allergic reaction to Cefotan and was told the drug would not be administered. Nevertheless, Cefotan was in fact delivered by one of the anesthesiologists and client again suffered a cardiac arrest. Attempts to resuscitate the client failed and she died a short time thereafter. Rosen Louik & Perry were contacted by the client's family to pursue a claim of medical malpractice wrongful death. This case settled for $1,600,000.00.

Child Suffers Permanent Neurological Deficit after Administration of Excessive Sodium

A pharmacist at a hospital made a ten-fold error in the quantity of sodium added to an intravenous solution administered to a nineteen month old child. This error caused the client to suffer an iatrogenic hypernatremia and permanent neurological deficits. Pennsylvania Medical Negligence Lawyers Rosen Louik & Perry represented the victim. Defendants argued that client's underlying disease had already rendered her neurologically disabled so that this pharmacy error caused no significant damage. This case settled for $275,000.00 and the money was put in trust and used to better the life of the child.

Misidentification of Pathology Slide Results in Unnecessary Surgery

Our client was a victim of a misidentified pathology slide at a hospital. The client was informed that she had breast cancer when, in fact, she did not. As a result, she had unnecessary surgery which fortunately did not result in significant disfigurement. It did result in unnecessary surgical procedures. This case was settled for $325,000.00. 

Failure to Remove Surgical Sponge Causes Recurring Sinus Problems

While undergoing surgery for resection of a pituitary adenoma and repair of CSF leak, two pieces of surgical sponge were left in the nose of this client. The delay in recognizing and removing the sponges caused client to suffer from recurring sinus problems. The case settled for $175,000.00. 

Patient Undergoes Numerous Surgeries After Pittsburgh Car Accident

Our minor-client suffered injuries as a result of a head-on, motor vehicle collision, in which the vehicle she was traveling in was struck by another vehicle that crossed the center line. These injuries included a fractured spine, serious abdominal injuries, and a concussion. The minor-client underwent an open laparotomy for the resection of a portion of her small bowel and surgical repair of other abdominal injuries. The minor-client was required to undergo a second exploratory laparotomy for repair of an anastomotic leak/perforation, lysis of adhesions, and incisional scar revision. The case was settled for $51,500.00. 

Car Accident Case Settled for Poorly Maintained Roads Resulting in Crash

The interstate our client was traveling on was negligently maintained resulting in ice buildup on the road. The client lost control of his vehicle while traveling over the ice. He struck the guide rail and flipped over it, landing in an embankment. The case settled for $5,000.00. 

Medical Malpractice Verdicts in Pittsburgh

At Rosen Louik & Perry, our knowledge of medical malpractice law is real world application. We have vast experience fighting and winning medical malpractice cases in Pittsburgh, PA and Western Pennsylvania and beyond. Below are a few samples of malpractice cases we have won or settled over the years. If you or a loved one may have been a victim of medical malpractice, then please contact us.

Man Suffers Severe Injuries upon Being Struck by Tri-axle Truck

Our client was struck by a tri-axel truck and suffered injuries including a below the knee amputation, dislocation of both hips, broken pelvis, contusions, bruises, lacerations and abrasions in and about various parts of the body, and the tearing of the muscles, tissues and ligaments thereof. The client brought his car crash claim to Rosen Louik & Perry, the Pittsburgh area's premiere auto accident attorneys. The client also experienced damage to the nervous system. Defendants contended that the client was contributorily negligent and more than 50% responsible for this accident, alleging that the client walked behind the tri-axel truck and into a blind spot. A finding of contributory negligence in excess of 50% would bar Plaintiff from any recovery at all. A finding of 50% or less contributory negligence would reduce any verdict by the percentage of contributory negligence determined by the jury. Rosen Louik & Perry retained experts and re-created the accident, thereby demonstrating that Defendant was more at fault than the client. This case settled for policy limits of $950,000.00.

Man Rendered Quadriplegic After His Automobile Strikes a Stationary Truck on Turnpike

This 30-year old client was rendered a quadriplegic after his automobile struck the back-end of a dump truck that had stopped in a live lane of travel on the Pennsylvania Turnpike. The trucker was an independent contractor hired by a company performing roadway repairs. The truck driver's insurance limits were not adequate to compensate the victim. Rosen Louik & Perry lawyers were able to identify three areas of active negligence committed by the general contractor that proximately caused the accident. The contractor disagreed and made no offer to settle the case. Following a ten-day trial, a federal jury awarded $6,485,404.62 and found that the General Contractor was more responsible than the truck driver. Rosen Louik & Perry represented the client's paralysis injury claim in court.

Man Permanently Disabled after Doctors Ignore Symptoms

Our client was admitted to the hospital with sharp pains in the chest, neck and shoulders. He was diagnosed with an acute myocardial infarction and sent home. As the condition of the client worsened, the spouse kept calling and discussing the symptoms with the doctors. The doctors told the spouse that this was expected and ignored the request for help by the spouse. The client ultimately collapsed. The client exhibited neurologic abnormalities consistent with anoxic brain damage and suffered multiple cardio-pulmonary arrests. The client will need lifetime medical assistance and cannot function independently. Pittsburgh Malpractice firm Rosen Luik & Perry represented the failure to diagnose heart attack case. The case settled for $800,000.00.

Electrical Explosion Results in Serious Flash Burns

Our client suffered grievous injuries when an electrical power shanty exploded when he was working near it. As a result of the electrical explosion and fire that ensued he suffered from flash burns to approximately 70% of his body. The client was forced to undergo extensive medical care and treatment, and suffered from the psychological effects of a burn victim. He also sustained permanent scarring and limitations as a result of these injuries. The client sought council with Allegheny County personal injury attorneys Rosen Louik & Perry, The Caring Lawyers. We consulted our team of medical and safety code experts and learned that Defendants were in violation of the National Electric Code requiring trough and block covers used in electrical installations. This case settled for $1,537,500.00. 

Man Nearly Loses Leg to Explosives in Strip Mine: Successful Appeal to PA Superior Court Results in Higher Settlement

An explosives company was performing blasting operations as a subcontractor in a strip mine behind the client's residence. A blast produced flyrock, a piece of which struck the client. As a result, the client's lower left leg was severed and only remained attached by a few tissues. The client was lifeflighted and diagnosed with a Grade III-B open tibia fracture. A grade III is the highest category of injury to bone and B is the highest category of contamination to the skin, muscle and tissue. Emergency surgery was performed in an attempt to salvage the severed limb and a titanium rod was inserted to internally stabilize the fractures. Additional hardware inserted in the leg included a large plate and several screws. Bone was missing over several inches of the leg, as was the skin, muscle and other tissues. Tissue, muscle, veins, and arteries were harvested from the upper back and shoulder area and sewn in by microsurgery. The client had a total of four surgical procedures performed. The leg was ultimately salvaged.

Doctor-patient confidentiality

Most Pittsburgh residents have heard of something called doctor-patient confidentiality. The relationship a patients have with their doctor is very personal and full of a lot of sensitive information. When doctor-patient confidentiality has been breached patients may have legal rights to file a medical malpractice lawsuit.

Family receives millions for birth injury

Pittsburgh parents-to-be are extremely excited for the birth of their new addition. The birth itself can be a flurry of activity with parents not always aware of what is going on. Luckily most births go as planned with a healthy infant born, but occasionally a birth injury can occur that affects the family and the baby forever.

Hospital-acquired infections

Many Pittsburgh patients will need to be hospitalized at least once in their lives. A hospital stay usually means there is a serious medical condition that needs to be monitored. Most hospital stays result in the patient getting better but occasionally errors occur -- like the patient acquiring a serious infection.

Things to know about medical errors

Most Pittsburgh residents will spend time in the doctor's office this year. Whether for a sickness or a routine exam, going to the doctor is an important appointment that people should make. Although most procedures go as planned, medical errors such as the failure to diagnose a condition do occur.

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437 Grant Street Suite 200, The Frick Building
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Rosen Louik Perry, P.C. Pittsburgh
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