Medical Malpractice Case against the United States
Jun 01, 2016OUTCOME: Second largest settlement in the history of the district
A young veteran was misdiagnosed in an emergency room encounter. The failure to detect his life threatening condition led to his death less than a week later. Tragically, he left behind a young child ... . After another law firm turned the case down, I was able to review the medical records and determine that clear signs of his condition which demanded additional testing had been missed. Through medical experts, we ultimately demonstrated that proper differential diagnosis would have led to a life saving surgery. The negligent doctor was an agent of the United States so the claim had to be brought against the United States under the Federal Tort Claims Act. We attended two meditations before the settlement was obtained. At the first mediation, the mediator become frustrated with our settlement position and insisted that we accept the then current offer. We believed in the strength of our case and chose to end the mediation and demonstrate our willingness to go to trial if necessary. A second mediation before a Federal Magistrate produced a significantly increased result that should provide for the young child for a lifetime.
