Recent Case Results

Doe Plaintiff v. Roe Hospital and Roe Doctor

$1,850,000.00 (Medical Negligence) (Identities of the parties are confidential at the request of the defendants)

Plaintiff was admitted to Roe Hospital after presenting to the emergency room for abdominal pain and nausea. Diagnostic tests and laboratory data indicated plaintiff may have been suffering from acute choledocholithiasis and chololithiasis.Roe Defendant Doctor performed an ERCP procedure on the plaintiff. It was also alleged that Roe Defendant Doctor incorrectly assessed plaintiff's level of required anesthesia and incorrectly approved a nurse anesthetist instead of a medical doctor for anesthesia.

During the procedure plaintiff became unresponsive and a code blue was apparently called.The Law Offices of David P. Crandall argued that Roe Defendant Doctor and Roe Defendant Hospital staff negligently monitored the plaintiff's vital signs, negligently monitored the plaintiff's pulse oximetry machine readings, such that she was unresponsive, hypoxic and deteriorating for an extended period of time without the defendants instituting appropriate critical life saving measures.It was also alleged that both Roe Defendants negligently over medicated the plaintiff and failed to recognize the signs and symptoms of the plaintiff's respiratory distress and decreasing respiratory rate and despite the decreased vitals continued to medicate the plaintiff such that the plaintiff went into cardiac arrest. Unfortunately, plaintiff was deprived of oxygen for an extended period of time and has suffered life altering complications since the date of surgery.

The case settled at mediation for $1,850,000.00

$1,825,000 (automobile v. bicycle rider, wrongful death)

Doe v. Roe (Identities of the parties are confidential at the request of the defendant)

Mr. Crandall represented the parents of Alex G., a 28 year old avid triathlete, who was struck and killed while riding his bike in a designated bike lane.The driver of the truck was an employee of defendant.The driver of the truck made an abrupt right turn and ran over Alex with the rear tires of the truck.The driver of the truck remained at the accident scene, however he did not identify himself as the driver who caused the accident.Alex died later that day at the hospital.The driver of the truck eventually was questioned by police and admitted his involvement in the accident.

Resulted in $1,825,000 settlement at mediation.

$1,080,000 (medical negligence and product liability):

Carol A., Marsha F., Estela C. v. Jane Doe, M.D., and John Doe Contact Lens

Manufacturing Company (Identities of the parties are confidential at the request of the defendants)

All three plaintiffs presented to Jane Doe, M.D for bilateral LASIK surgery.The surgeries took place over a four day period.All three plaintiffs were diagnosed with hyperopia (farsightedness) prior to the surgery. LASIK surgery involves using a trephine to cut a portion of the top of a patient's cornea.This is called a flap.The flap is retracted. A laser is then used to reshape the exposed cornea stroma bed.Once this is completed the flap is placed back in position and hopefully heals.

In 2001, the FDA had approved certain lasers for correction of myopia (nearsightedness) and other lasers for correction of hyperopia (farsightedness).These lasers were not interchangeable.Each type of laser used a different diameter beam. The defendant performed all three LASIK surgeries using a LASIK laser that was not FDA approved for treatment of hyperopia.

After the defendant removed the corneal flap the cornea was left exposed.The defendant then performed the LASIK surgery to each plaintiff by placing a piece of a contact lens over the cornea to deflect the laser beam away from the cornea (this is done in order to change the shape of the cornea, thereby changing the vision of the patient).The contact lenses used by defendant were manufactured by John Doe Contact Lens Manufacturing Company.

None of the plaintiffs consented to surgery with a Non-FDA approved laser.

Following the surgery the plaintiffs were diagnosed with identical bacterial eye infections.Plaintiffs received extensive treatment following the diagnosis.One of the plaintiffs received a corneal transplant and the other two plaintiffs were candidates for corneal transplants.All of the plaintiffs suffered from severe vision impairment and scarring of the cornea.

The defendant doctor claimed that the infections were caused by the lens manufacturer, due to inadequate sterilization during manufacturing.The contact lens manufacturer contended that the bacterial infections occurred during the LASIK procedures in the doctor's surgical center.

After years of intense litigation, the case settled for $1,080,000.00.

$1,000,000.00 (automobile v. pedestrian, negligence)

Ira D. v. Doe Disposal Company

Law Offices of David P. Crandall represented Ira D., a 76 year old retired gentleman, who was struck by a commercial delivery truck as he walked back to his car in a private parking lot.The driver of the truck was backing into the narrow parking lot and admitted he saw Ira walk across the parking lot near his truck.Ira was picking up a water wheel chair for his disabled son and was attempting to put the chair in his mini van. Despite seeing Ira and then losing track of Ira's whereabouts, the truck driver continued to reverse his truck.His rear wheel ran over Ira's lower abdomen and upper thigh, causing extensive injuries.Ira D. remained hospitalized for over a month and required rehabilitation for many months from a skilled nursing facility.

The matter settled pre-litigation for the truck companies liability policy of $1,000,000.00.

$900,000 (Negligence, Medical Negligence, Abuse of a Dependent Adult)

R. W.v.Doe Defendant Aquatic Rehabilitation Company and Doe Defendant Pool (Identities of the parties are confidential at the request of the defendant)

R. W., a 58 year old partial quadriplegic, was referred to defendant's facility for aquatic physical therapy. During the pool therapy a life vest is secured around R.W.'s neck, he enters the pool, and with the help of a physical therapist he is able to gain muscle control and strength of his limbs by simulating walking.In February 2007 R.W. arrived at the pool for his usual therapy. A flotation device was placed around his neck and he was placed in the pool.The only rehabilitation employee in the pool instructed R. W. to walk around the edge of the pool. The employee then turned his back on R.W. and assisted a different special needs patient out of the pool. While R.W.was walking around the edge of the pool unassisted he lost his balance and his head and mouth became submerged under water. Because of his physical disability he was unable to control his limbs and lift his head out of the water. The exact amount of time that R. W. remained under water is unknown. It clearly was an extended period of time, due to the fact that when R. W. was finally pulled out of the water, his lips were blue, he was unconscious, and his lungs were filled with water. After he was removed from the pool CPR was performed. Fortunately R.W. regained consciousness and was able to breathe on his own.

R. W. remained in the hospital for two weeks.He was diagnosed with severe acute lung injury, adult respiratory distress syndrome and pneumonia secondary to aspiration. He was transferred to an acute care facility where he remained for 6 weeks. He was then transferred to the Veteran's Administration Hospital, where he was hospitalized for 4 weeks.

R. W. suffered a permanent reduction in lung volume as a result of the incident.

Law Offices of David P. Crandall filed a lawsuit against all defendants alleging abuse of a dependant adult and negligence. Our investigation determined that the physical therapist in the water with R. W. was in fact an aide to the therapist who owned and operated defendant's company. State of California statutes and regulations require close, constant supervision of a therapist aide by a licensed physical therapist. Our investigation determined that the defendant left his aide unattended with R. W. as well as another patient and even left the pool location to run an errand before the incident took place.

In regards to the defendant pool, our investigation revealed that two lifeguards were on duty, however neither life guard paid sufficient attention and did not come to the aid of R.W. until he had been under water for an extended period of time.

This matter settled at private mediation for $900,000.00.

$775,000.00 (negligence and premises liability):

Doe v. Roe Construction Company (Identities of the parties are confidential at the request of the defendant)

David Crandall represented the employee of a subcontractor who was hired to install metal fascia on the exterior of a large hotel.When plaintiff and his brother were installing the metal fascia the scaffolding they were standing on, nearly five floors above the ground, began to pull away from the building. Plaintiff was thrown from the scaffolding and suffered blunt abdominal trauma and a lumbar compression fracture.

Through extensive discovery and investigation, Mr. Crandall alleged that the scaffolding subcontractor negligently removed the "tie wires" that secured the scaffolding to the building, and negligently failed to advise other subcontractors that the "tie wires" were cut.

Many months following the incident, plaintiff was able to return to work in the construction industry but was no longer able to work as sheet metal worker.

Resulted in $775,000 settlement at mediation.

$700,000.00 (Medical Negligence - Failure to Diagnose Lung Cancer)

Roe Plaintiff v. Defendant Doctor (Identities of the parties are confidential at the request of the defendant)

Roe Plaintiff, age 54,was referred to defendant doctor in November 2004 by her family doctor due to a persistent cough. Defendant is a pulmonologist. A chest x-ray obtained revealed a lung nodule.The defendant did not order any additional diagnostic testing of the nodule such as bronchoscopy or Cat Scan, instead he requested plaintiff return to his office in three months. In March 2005 Roe Plaintiff returned to defendant. The nodule remained the same size. Again defendant failed to order any diagnostic testing. Defendant doctor diagnosed the nodule as a scar and did not request plaintiff return to his office for any additional testing. In March 2008 plaintiff returned to her family doctor due to persistent cough and back pain. She was referred back to defendant. At this time a bronchoscopy was performed as well as Cat Scan of the lungs. Roe Plaintiff was diagnosed with Stage IV metastatic lung cancer. It was the position of the Law Offices of David P. Crandall that the nodule that was seen in her lung back in 2004 was cancer. We alleged because the nodule was not removed from her lung and she was not treated for cancer back in 2004 the cancer was permitted to spread to her spine, bones and brain and significantly reduced her chance for survival. Roe Plaintiff's lung cancer was non-operable when it was detected in 2008. She has undergone chemotherapy and radiation treatment. It was alleged if the nodule was biopsied and removed in November 2004 it would have remained localized and diagnosed as precancerous or Stage 1.

Of note, defendant's medical records for plaintiff stated in March 2005 that he did perform a bronchoscopy of Roe Plaintiff and the results were benign (non-cancerous). Defendant's notes also stated that a Cat Scan was obtained. In deposition, the defendant doctor admitted that this was not correct, he testified that he might have confused Roe Plaintiff's chart with another patient.

This case settled following mediation for $700,000.00.

$700,000 (slip and fall, premises liability):

Carolyn J. v. Doe Hotel

Plaintiff was injured while waling on a downward sloping concrete walkway between the hotel lobby and pool at a large resort. Maintenance workers had previously been removing shrubs in planters that bordered the walkway and were replacing those shrubs with new plants. It was alleged that the workers had left dirt and debris on the walkway without cleaning this up or warning of the hazard. Work had stopped shortly before plaintiff had slipped and fell in this area.

Plaintiff sustained serious fractures to her heel that ultimately resulted in an ankle fusion surgery.

$500,000 (Medical Negligence - Failure to Diagnose Lung Cancer)

Roe Claimant v. Respondent Doctor and Health Maintenance Organization (Identities of the parties are confidential at the request of the Respondent)

Roe Claimant, age 54, developed a chronic cough. Her family doctor requested a chest X-ray and CT Scan which revealed a lesion in her left lung. After additional testing the lesion was diagnosed as lung cancer. In July 2010 Doe Respondent Doctor performed surgery to the plaintiff's left lung. According to his operative report, claimant underwent a left thoracoscopy, and a superior segmentectomy from lower lobe. According to the pathology report, the specimens sent to pathology included AP window nodes, hilar lymph nodes and the segmental resection, left lower lobe, left lung. The pathology results were positive for adenocarcinoma.

In the months following the surgery, claimant reported to her physicians a chronic cough.The cough was a congestion type cough that produced sputum. The cough was so persistent it would cause her to leak urine and gag profusely. These symptoms were reported to her physicians in person as well as via electronic mail.

None of the Health Maintenance Organization's physicians ordered a Cat Scan of the claimant's chest. Despite the claimant's history left lung adenocarcinoma with corresponding symptomatology.

Finally after nearly twelve months, a chest Cat Scan was ordered for the claimant. The Cat Scan revealed an irregular mass in the left lobe of the claimant's lung. Subsequent lung biopsy was positive for adenocarcinoma. Despite delays in reporting this result to the claimant, a biopsy was ultimately obtained. The results were positive for malignancy and consistent with adenocarcinoma. The mass involved the left hilum and was predominantly in the area of the superior segment of the left lower lobe.

Claimant was diagnosed with Stage IV adenocarcinoma of the left lung with local-regional recurrence and bone metastases. Claimant began treatment at a different nationally recognized cancer treatment.

It was the position of the Law Offices of David P. Crandall that Doe Respondent Doctor did not perform a segmentectomy, but in fact performed a wedge resection. Doe Respondent Doctor should have performed a lobectomy on the claimant and not a wedge resection. The size of the tumor mandated a lobectomy be performed. Because the Doe Respondent Doctor did not perform the correct surgery on claimant he did not remove all of the claimant's cancer. In addition, Doe Respondent Doctor did not remove a sufficient number of level of lymph nodes from the claimant and failed to obtain a frozen section biopsy during claimant's surgery. It was also the position of the Law Offices of David P. Crandall that the defendant Health Maintenance Organization failed to order a follow up Cat Scan of the claimant's chest. After the Claimant reported to her physicians that she was persistently coughing, the respondent's failed to order a diagnostic test to rule out cancer recurrence for approximately one year.

It was alleged if the proper surgery was performed the cancer would have been removed from the plaintiff and not metastasized. We alleged that due to the negligent treatment, claimant's chance of survival was significantly reduced.

The case settled prior to binding arbitration for $500,000.00.

Doe Plaintiff v. Roe Doctor

$490,000.00 (Medical Negligence) (Identities of the parties are confidential at the request of the defendant)

On November 24, 2009 Roe Defendant performed a heart catheterization procedure on Doe Plaintiff. Prior to the procedure the Roe Defendant made certain orders pertaining to Plaintiff ceasing her coumadin intake. She was instructed to stop taking her coumadin for 5 days prior to the procedure and restart the coumadin the evening of the procedure. Plaintiff followed the Roe Defendant's orders. The morning after the procedure the Plaintiff suffered an acute Cerebral Vacsular Accident which caused right sided paralysis, aphasia and associated health conditions. In addition, the purpose of the heart catheterization procedure was to determine if Plaintiff was a candidate for mitral valve surgery, but because of the CVA, that is no longer a possibility. The Law Offices of David P. Crandall argued that defendant failed to appreciate the plaintiff's pre-existing heart conditions prior to performing the heart catheterization procedure and failed to order a bridging drug (Lovenox for example) for the plaintiff to take prior to the heart catheterization procedure. Our office argued that if such bridging drug had been ordered for the plaintiff, the CVA would not have occurred.

Case settled at mediation for $490,000.00.

$400,000 (medical negligence, wrongful death, and abuse of a dependent adult):

Doe v. Roe Hospital (Identities of the parties are confidential at the request of the defendant hospital)

Mr. Crandall represented the parents of Fernando A., a 21 year old ventilator dependent quadriplegic. Fernando was admitted to Roe Hospital for pneumonia. The day after he was admitted to the Intensive Care Unit of the hospital his ventilator tube became disconnected. Defendant's employees failed to prevent the tubes from becoming disconnected, failed to respond to the many alarms sounding, failed to come to the aid of Fernando in a timely manner and ultimately caused his death.

Defendant hospital denied wrongdoing. After extensive litigation the case settled at mediation. David Crandall was able to negotiate a settlement above the state mandated MICRA limitation of $250,000 by successfully arguing that Fernando was a dependent adult within the meaning of the Elder Abuse and Dependent Adult Abuse Statutes.

Resulted in $400,000 settlement at mediation.

$325,000 (slip and fall, premises liability)

Richard S. v. Doe Hotel (Identities of the parties are confidential at the request of the defendant hotel)

Mr. S. was injured while walking into defendant's hotel. The incident occurred on a rainy day, Mr. S had only walked one step into defendant's lobby when he slipped and fell on water that had pooled in front of the lobby door due to the rain. Plaintiff alleged that defendants failed to place a mat on the lobby floor and failed to warn hotel patrons of the hazard.

Plaintiff suffered a severe torn right quadriceps muscle that required surgery to repair.

$289,952.24 (Medical Negligence)

Mahmood J. v. Kaiser Permanente

Claimant was diagnosed with cancer of the sigmoid colon. He underwent surgery to remove the tumor as well as portions of the colon at each side of the tumor. This procedure is called a hand assisted laparoscopic colectomy. As part of this procedure an instrument called a harmonic scalpel is used to separate the sigmoid colon from where it is attached to the walls of the abdominal cavity.This instrument is hot; it has a cutting function and cauterizes as well.

A recognized risk of using the instrument is that it can burn the colon with prolonged direct contact. Therefore, it is important that the surgeon protect the colon from direct contact with the harmonic scalpel and carefully inspect the colon repeatedly. In the event such a burn occurs, the tissue of the colon in the area becomes blanched so that the burn is visible since it is different in color from surrounding colon tissue. If a burn occurs and it goes through the wall of the colon, it can be simply repaired with sutures.

In this case, the surgeon failed to recognize that he had burned the area of the colon outside of the area that was removed in surgery. As a result, post operatively, the contents of the colon began to leak from the hole caused by the burn, into the peritoneal cavity. The patient developed peritonitis and a life threatening sepsis. He was required to undergo a second surgery to repair the leak. An additional portion of his colon had to be removed and a colostomy bag had to be installed. He had to use a colostomy bag for over ten months.

Kaiser contended that the type of injury is a risk of this surgery and that there was no malpractice.

The case, per the patient's health care agreement with Kaiser, was submitted to binding arbitration. The arbitrator held that the failure of the surgeon to recognize that he burned a hole in the colon and to repair it intra operatively during the first surgery was malpractice.

The arbitrator awarded the plaintiff $289,952.24.

$250,000.00 (automobile accident, negligence)

Mustafa N. v. Estate of Hunsicker

Plaintiff was driving his girlfriends vehicle north on the 5 Freeway near the 405 interchange when suddenly and without warning a multiple vehicle collision occurred directly in front of his vehicle. Plaintiff alleged Mark Hunsicker caused a rear-end collision that caused his vehicle to careen off a street sweeper and come to rest in the car pool lane of the freeway. Mr. Hunsicker then ran across the lanes of the northbound 5 freeway to the right shoulder. For an unknown reason, Mr. Hunsicker then ran back across the northbound 5 freeway lanes towards his vehicle. While Mr. Hunsicker was running across the freeway he was struck by a vehicle that did not see him. This collision caused a series of automobile collisions to occur. Plaintiff, was unable to see the collisions occurring in front of him and struck a vehicle that previously collided with another vehicle.

Plaintiff suffered bilateral ankle fractures requiring surgery.The case settled for the defendant's policy limits of $250,000.00.

$203,450.00 (automobile accident, negligence):

Harlan B. v. First Transit

Harlan B (claimant), age 73, was driving south on the 605 freeway and began slowing for the rush hour traffic. He was then rear-ended by respondent bus. This caused Mr. B to lose control of his vehicle, strike another car and roll two or three times before coming to rest with his vehicle upside down. The respondent admitted fault but disputed the extent of the claimant's injuries.

Claimant's Injuries : soft tissue injuries and torn medial meniscus of his left knee. Claimant contended the accident caused the pre-existing asymptomatic arthritis to become severely symptomatic such that he has pain and limps when he walks.

Respondent's experts testified at binding arbitration that 90% of Mr. B's knee problems were pre-existing and while the accident caused a short term flare up of pain in his knee any long term pain in the knee is caused solely by his pre-existing severe arthritis.

Claimant was very active prior to the accident, walking several miles at a time, several days a week. Claimant produced witnesses at the arbitration who confirmed that prior to the accident claimant manifested no signs of pain or a limp.

Claimant's medical bills totaled approximately $27,224.

The arbitrator awarded claimant $195,615.Prior to arbitration claimant offered to settle the case for $170,000.00. Because respondent refused to settle the case for the amount of claimant's offer, claimant was also awarded pre-arbitration interest and costs.

Total award for claimant after binding arbitration was $203,450 (reported in the Daily Journal).

$91,846.32 (automobile accident, negligence)

Gibay G. v. Mora

On July 1, 2005 the defendant negligently made a left turn in front of plaintiff's vehicle. The plaintiff was unable to avoid the collision and the front of plaintiff's vehicle struck the passenger side of the defendant's vehicle. Plaintiff suffered a cervical strain resulting in a disc bulge at C5-6.Plaintiff's medical bills totaled $6,200.The defendant's final offer before trial was $20,000.Plaintiff offered to settle the case for $30,000.

After a trial in Orange County Superior Court the jury awarded plaintiff $84,550.Because the jury verdict exceeded the $30,000 offer, plaintiff was also awarded pre-judgment interest and costs.

Total judgment for plaintiff was $91,846.32.

Reported in the Daily Journal and Verdict Search.