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James Michael Kelley III

James Kelley’s Legal Cases

13 total


  • Terry V. Lindell

    Practice Area:
    Medical malpractice
    Date:
    Jan 01, 2004
    Outcome:
    10,000,818.00 Plaintiff verdict
    Description:
    16 year old boy suffered bilateral lower extremity paralysis from a surgical error. Plaintiff was undergoing a two stage surgical correction with fixation of his spine to correct scoliosis. Intr-operatively a ronguer slipped penetrating the dura and resulting in spinal cord injury. With appropriate surgical technique and safeguards including instrument angulation the injury was preventable. Plaintiff was faced with aproximately three million in in economic losses in the past and future.
  • Ditullio V. Robinson Memorial Hospital

    Practice Area:
    Birth injury
    Outcome:
    9,880,000.00 verdict for Plaintiff
    Description:
    Claim involved the mismanagment of a newborn resuscitation following a planned c-section. At birth the plaintiff was severely depressed from a cardiac and respiratory standpoint. Initial attempts at oxygenating the child were improper. Specifically, the initial intubation was in the esophagus instead of the trachea. This went unrecognized. Plaintiff demonstrated the child was not provided oxygen as a result for the first 10 minutes of life. Neur-radiology studies confirmed a 15-20 minute acute and profound period of oxygen deprivation. When viewed in conjunction with the blood gases at birth and respirations after delivery this established the event began 5-6 minutes before delivery through 10 minutes after birth. Pediatric neurolgy and neuro-radiology opined appropriate efforts in the first minutes after delivery would have prevented any permanent brain injury. Plaintiff suffers from cerebral palsy secondary to the hypoxic injury. Future economics including wage and medical needs amounted to 7.8 million dollars.
  • Casto V. Holland

    Practice Area:
    Birth injury
    Outcome:
    2,500,000.00 Plaintiff Verdict
    Description:
    Pre-natal mis-management resulting in a stillbirth. Defendant Ob/gyn failed to appropriately address pre-term labor and changes in fetal movements in the third trimester. Plaintiff was incorrectly discharged in pre-term labor. In the following days plaintiff contacted the defendant's office with complaints of decreased fetal movements. These calls were triaged by an unqualified medical assistant. No interventions were undertaken on these complaints. Plaintiff continued to contract, and as the child descended the birth canal a nuchal cord (around neck) choked of oxygen resulting in the childs death.
  • Cooper v. ABC Hospital

    Practice Area:
    Medical malpractice
    Outcome:
    6,000,000.00 Settlement
    Description:
    Plaintiff was a 51 year old male who was hospitalized for an appendectomy. An abdominal anuerysm was found, and the plaintiff was placed in the ICU for increased monitoring. During the evening a "look alike- sound alike" drug intended for a different patient was errantly administered to the plaintiff. The drug was a paralytic agent which can only be given to patients on a ventilator, because it blocks the patients ability to breathe for themselves. Plaintiff was not on a ventilator, but was monitored. Despite alarms sounding in the ICU, no nurse came to his aid. As a result plaintiff suffered severe brain injury and ultimately death from this event.
  • Josh Terry v. Dr. Ernest Lindell

    Practice Area:
    Medical malpractice
    Date:
    Jun 12, 2004
    Outcome:
    Verdict of $10 million
    Description:
    Surgical injury to the spinal cord of a teenager rendering him paralyzed from the chest down.
  • Rylee Ditullio v. Robinson Memorial Hospital

    Practice Area:
    Medical malpractice
    Date:
    Dec 12, 2005
    Outcome:
    Verdict $9.88 million
    Description:
    Brain damage to Rylee at birth due to negligence of hospital staff
  • Luke Casto v. Dr. Larry Holland

    Practice Area:
    Medical malpractice
    Date:
    Sep 15, 2006
    Outcome:
    Verdict $2.5 million
    Description:
    Negligence during management of pregnancy resulted in the stillbirth of baby boy Luke.
  • John Doe V. ABC Hospital et al

    Practice Area:
    Birth injury
    Outcome:
    Settled 5,300,000.00
    Description:
    Birth injury to the first twin born from an acute and near total hypoxic (oxygen deprivation) cause from either an acute Twin-twin transfusion syndrome or cord occlusion. Through the labor and delivery signs of distress including fetal tachycardia (high heart rate) and a decrease in variablity (beat-beat variation) of the childs heart rate manifested and progressed. These signs were not addressd through either conservative measures, oxygen supplementation, maternal rotation or cessation of Pitocin. The fetal tracings began to demonstrate a wavelike pattern (sinusoidal) which mandates communication with the physician and prompt intervention, neither of which occurred. Delivery was delayed resulting in a hypoxic ischemic brain injury to the child, which has left him with profound cerebral palsy. The resolution has allowed the patient and his family access to the needed care and therapies.
  • Michael Clawson V. Rothstein

    Practice Area:
    Medical malpractice
    Date:
    Oct 16, 2009
    Outcome:
    6.3 Million Dollars
    Description:
    Sally Clawson suffered a hypoxic brain injury forllowing an outpatient procedure at Riverview Health Institute by Dr. Rothstien in Dayton, Ohio. In the recovery room Sally received for pain/muscle spasms 20 mg of Morphine and 20 mg of Valium. Sally became nauseous and began to demonstarte altered levels of consciousness. Depsite this her airway went unprotected for 53 minutes, before she was finally intubated. The testimony supported the intubation was delayed by 38 minutes resulting in the injury.
  • Clawson V. Rothstein et al

    Practice Area:
    Medical malpractice
    Date:
    Oct 16, 2009
    Outcome:
    Jury Verdict 6,300,000.00
    Description:
    Plaintiff underwent minimally invasive spine surgery. Introperatively in response to minor respiratory insufficiency Narcan was administered. Narcan is a Narcotic antagonist which negates the effects of narcotic pain meds. In the PACU, Sally complained of profound pain and received 20 mg of Morphine, and 20 mg of Valium. She vomitted and began drfiting into and out of consciousness. The provider failed to provide prompt protection of the airway, resulting in a hypoxic brain injury.