Futterman, Sirotkin And Seinfeld, LLP
Futterman, Sirotkin And Seinfeld, LLP

Experienced litigation attorneys
who will fight for you

Results For Representative Medical Malpractice Cases

Below you will find a sampling of some of the cases we have taken on over the years and some of the verdicts we have won for those clients. These cases are presented as examples of the work we perform and offer an idea of the level of our experience. Every case is unique, and past performance cannot guarantee future results. Verdicts are won through meticulous case preparation and previous experience.

Medical/Hospital Malpractice — Birth Injury Brain Damage — Cerebral Palsy

The infant was born to a 24-year-old woman — first pregnancy. Prenatal care was provided at a city hospital. At 38 weeks into the pregnancy, clinical signs of a possible problem surfaced. Proper testing was not done. During the onset of labor signs of possible fetal distress were ignored. The infant was born in respiratory distress, and he was later determined to be mentally retarded and suffered from cerebral palsy. The case settled $3.5 million paid in a structured settlement. Total guaranteed payments are $7,677,444.

Medical Malpractice — Orthopedic Surgical Malpractice

Following an automobile accident that caused extensive and serious fractures to the plaintiff’s femur, knee, tibia and fibula, ankle and foot, plaintiff underwent several surgeries. Defendant performed two operative procedures to try to set the ankle fractures, both of which failed. During the course of treatment the plaintiff developed complaints in her foot. Defendant failed to recognize and treat a developing reflex dystrophy syndrome (RSD), a condition that is extremely painful. His negligence caused a worsening of the condition, which became permanent. Verdict awarded: $4.2 million.

Medical Malpractice Action — Obstetrics

The gynecologist failed to test the pregnant plaintiff for HIV despite her having known risk factors for the disease. The HIV was not timely diagnosed. As a result the infant was not treated for HIV in utero, which may have cured the baby. Settlement on trial $1.5 million, which was placed in a structured settlement, total guaranteed payments on the settlement was $2,204,028.

Medical/Hospital Malpractice — Birth Trauma — Erb’s Palsy

During the course of a normal vaginal delivery the infant’s shoulder got caught in the birth canal. Instead of utilizing proper techniques to deliver the shoulder without trauma the defendant used excessive force in delivering the head causing a tearing injury to the brachial plexus collection of nerves and shoulder and neck causing a nerve injury known as Erb’s palsy. Fortunately for the infant the condition was mild presenting minimal functional disability. The settlement was $650,000.

Medical Malpractice/Death Of Infants

The plaintiff went into early labor. Plaintiff was hospitalized to attempt to stop contractions and delay the onset of labor and delivery. During the course of the labor and delivery a nurse failed to wash his hands after having used latex gloves. The plaintiff had a known latex allergy. The plaintiff was exposed to the latex and went into anaphylactic shock. The anaphylactic shock caused the renewal of contractions. The hospital bed then broke, nearly throwing the plaintiff to the floor, the shock of which accelerated the labor, which could not then be stopped. As a result the plaintiff went into labor and delivered two children who did not survive an hour. Case settled during trial for $550,000.

Medical/Hospital Malpractice Action — Gynecology — Wrongful Death

Plaintiff went to her gynecologist for pelvic pain. The defendant performed an exploratory abdominal/pelvic surgery (open laparotomy). The doctor did not treat abdominal adhesions or call in an expert. The patient developed a mechanical bowel obstruction. The gynecologist failed to diagnose developing mechanical bowel obstruction and timely treat or refer to gastrointestinal surgeon, resulting in death. Mrs. K was survived by her husband and adult son. Verdict on trial: $1,922,000.

Medical Malpractice — Plastic Surgery — Wrongful Death Action

The decedent, a woman in her 60s, went to a plastic surgeon for abdominal liposuction. She developed a deep wound infection which was not properly or timely treated by the plastic surgeon resulting in her death. The decedent was survived by two grown children. The case settled on trial for $750,000.

Medical Malpractice — Plastic Surgery — Wrongful Death

The decedent, a woman in her early 70s, went to a plastic surgeon for a blepharoplasty, an eyelid lift. The procedure was done in the doctor’s office. During the post-operative recovery period the decedent developed a pulmonary embolism. Despite complaints, she was discharged from the doctor’s office. The decedent expired within an hour of leaving the doctor’s office. Settlement while awaiting verdict: $650,000

Medical Malpractice Action — Failure To Diagnosis Cancer — Wrongful Death

A woman in her late 50s observed a palpable mass in her breast, which was confirmed by a mammogram and sonogram. She was sent for a surgical biopsy which showed “atypical cells.” Although suspicious for malignancy, this was not reported to the patient, nor was an excision biopsy performed. There was a six-month delay in diagnosis and treatment. By then, unfortunately, the cancer had metastasized, which led to the Mrs. G’s death. Settlement on trial: $750,000.

Medical Malpractice — Failure To Diagnosis Cancer — Wrongful Death

Woman in her late 60s went to her family practitioner with complaints of back pain by the shoulder blades. The doctor failed to order diagnostic tests such as X-rays and CT scans. A tumor in her thoracic spine (mid spine) was undiagnosed. When discovered 11 months later the tumor was inoperable. Mrs. C succumbed to disease two years later. Settled on trial: $650,000.

Hospital Malpractice — Emergency Room Pediatrics

An 11-year-old girl went to the hospital emergency room with complaints of fever, constipation and diffuse abdominal pain. On examination there was tenderness on palpation of the abdomen and some abdominal distention. X-rays and CAT scans were not ordered. The child was sent home with a laxative. As a result the inflamed appendix bursts causing peritonitis. The infant needed an operation and more extensive hospital stay. Early settlement: $425,000.

Nursing Home Malpractice — Geriatric Care

A patient in her 80s presented to her doctor complaints of a slowly healing ulcer on her leg. Conservative wound care was not helping. The physician correctly considered vascular and circulatory problems. During the course of his evaluation the physician discovered an incidental finding of an abdominal aneurysm, which could be fatal. The physician performed a femoral bypass procedure. The patient was put into a rehabilitation facility to recover strength to have vascular procedures performed on her legs to improve circulation. During the course of the stay at the rehabilitation facility, the patient’s daughter, a nurse, observed a worsening decubitus skin ulcer. Despite complaints, that facility did not treat the ulcer or transfer the patient back to the hospital. As a result, the ulcer became a grade four, decubitus ulcer, through to the bone, which eventually resulted in the amputation of the limb. The settlement on trial: $1.2 million.