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Proven Results

Sommers Schwartz attorney Matthew Turner obtained a $1.86 million medical malpractice settlement on behalf of the estate of a man who died three weeks after undergoing elective surgery. The ...
  • Representative Cases

Medical Malpractice – Botched Cervical Epidural Causes Permanent Spinal Cord Injuries: Decker v. Michigan Primary Care Partners

Sommers Schwartz attorneys Richard Fox and Lisa Esser-Weidenfeller filed a medical malpractice lawsuit on behalf of a woman who suffered a permanent spinal cord injury due to the negligent administration of a cervical epidural steroid injection.  According to the complaint, the defendant doctor diagnosed the plaintiff with cervical radiculopathy, a condition in which a nerve root in the cervical spine becomes inflamed…

Wrongful Death – Failure to Timely Treat Sepsis Leads to Patient’s Death: Gabrysiak v. MidMichigan Medical Center – Alpena

Sommers Schwartz attorneys Matthew Turner and Alana Denha filed a medical malpractice lawsuit on behalf of the estate of a woman who died after doctors failed to timely recognize and treat her severe infection.  According to the wrongful death complaint, the decedent presented to the defendant hospital’s emergency room with symptoms and abnormal vital signs that were indicative of a severe infection and…

Hospital Malpractice – Failure to Timely Diagnose and Treat Stroke: Finn v. William Beaumont Hospital

Sommers Schwartz attorney Matthew Turner filed a medical malpractice lawsuit on behalf of a man who suffered catastrophic and permanent injuries after physicians, nurses, and other hospital personnel failed to timely diagnose and treat the stroke he was experiencing when he was under their care in the defendant hospital’s ICU.  According to the complaint, the plaintiff was admitted to…

Emergency Room Negligence – Kidney Injury Caused In ER Leads To Need For Dialysis and Kidney Transplant: Cook v. Ascension Genesys

Sommers Schwartz attorney Matthew Turner filed a medical malpractice lawsuit on behalf of a woman who suffered severe and permanent kidney damage due to the performance of an unnecessary CT scan with contrast that damaged the woman’s kidneys, requiring her to need  dialysis and ultimately a kidney transplant.   According to the emergency room negligence complaint, the plaintiff presented to the defendant hospital’s…

Wrongful Death – Failure to Diagnose GI Bleed Leading to Patient’s Death: Ford v. McLaren Oakland

Sommers Schwartz attorneys Matthew Turner and Michael McCullough filed a medical malpractice lawsuit on behalf of the estate of a man who died after doctors failed to timely diagnose and treat his anemia caused by his undiagnosed gastrointestinal (GI) bleeding.  According to the wrongful death complaint, the decedent presented to the defendant hospital with signs of hypotension. Despite ample indication he was likely…

Emergency Room and Hospital Medicine Malpractice – Failure to Diagnose Aneurysm Resulting In Catastrophic Stroke: Tazelaar v. Ascension Borgess Hospital

Sommers Schwartz attorneys Matthew Turner and Richard Groffsky filed an emergency room and hospital medicine malpractice lawsuit for a woman who suffered a catastrophic stroke after ER physicians and other treating doctors failed to accurately and timely diagnose a life-threatening aneurysm before it burst.  According to the complaint, the woman presented to the ER of the defendant hospital complaining of the…

Birth Injury – Brachial Plexus Damage During Delivery: Andrews v. Hurley Hospital

Sommers Schwartz attorney Matthew Turner filed a birth injury lawsuit on behalf of a newborn who suffered permanent and severe brachial plexus nerve injuries due to the failure of attending medical personnel to properly recognize and address the child’s shoulder dystocia.  According to the complaint, the mother arrived at the defendant hospital’s delivery room where her unborn child presented…

Cardiologist Malpractice – Unnecessary and Inappropriate Invasive Procedure Leads to Healthy Patient’s Death: Walk v. William Beaumont Hospital

Sommers Schwartz attorney Kenneth Watkins filed a medical malpractice lawsuit on behalf of the estate of a woman who died from complications arising from a cardiologist negligently performance of an unnecessary and invasive diagnostic procedure.  The decedent was a healthy and active 69-year-old woman who neither drank nor smoked, had no previous history of chest pain, and only had…

Radiology Malpractice – Failure to Recognize Stroke: Kennedy v. Grady Memorial Hospital

Sommers Schwartz attorney Richard Groffsky filed a medical malpractice lawsuit in a Fulton County, Georgia court, alleging the defendant radiologists failed to correctly interpret the CT scan results showing the plaintiff was having a stroke. According to the complaint, the plaintiff underwent the diagnostic scan at the defendant hospital on June 18, 2018, which revealed…

Medication Error – Overdosage Causing Permanent Brain Damage in Three-Week-Old Child: Jacobson v. University of Chicago Medical Center

Sommers Schwartz attorney Richard Groffsky filed a medical malpractice lawsuit in a Cook County, Illinois court on behalf of a newborn and her mother after the child suffered catastrophic and permanent injuries just a few weeks after her birth. According to the complaint, the child was born prematurely at a gestational age of 32 6/7…

Birth Injury – Failure to Recognize and Address Pre-Term Labor: Howard v. McLaren-Flint

Sommers Schwartz attorney Richard Groffsky filed a birth injury lawsuit in Genesee County, Michigan Circuit Court on behalf of a newborn who suffered catastrophic and permanent injuries after the attending medical personnel failed to recognize and address the mother’s premature labor. According to the complaint, the mother arrived at the defendant hospital’s emergency room with…

Trucking Accident – Out-of-Control Truck Driver on I-75 Causes Catastrophic Injuries: Henry v. Rachuba, et. al.

Sommers Schwartz attorney Matthew Turner filed a trucking accident lawsuit on behalf of a man who sustained permanent and catastrophic injuries after an out-of-control truck driver on Interstate 75 struck his vehicle. According to the personal injury complaint, the plaintiff was traveling northbound on I-75 in his Chevrolet Impala when he was suddenly and without…

Sexual Assault and Abuse –Bus Drivers Ignore One Sexual Assault on Special Needs Student, Then Facilitate a Second: Peterson v. Trinity Transportation Group

Sommers Schwartz attorney Jay Yasso filed two sexual abuse and sexual assault actions on behalf of a female special needs student, alleging that a private school bus company’s employees permitted two separate instances of sexual assault on the girl. The lawsuits claimed the drivers’ egregious misconduct in both occurrences left the minor with severe and…

Radiology Malpractice – Nerve Damage Caused By Negligently Administered Nerve Block: Gold v. Vartanian, et. al.

Sommers Schwartz attorneys Matthew Turner and Michael McCullough, II filed a medical malpractice lawsuit on behalf of a man who suffered severe nerve damage and other serious medical problems after he received an unnecessary and negligently performed celiac nerve block. According to the complaint, the defendant radiologists administered a non-indicated celiac plexus nerve block to…

Business Insurance Coverage – Denial of Business Interruption Claims Due to Michigan COVID-19 Shutdown: Stanford Dental, LLC v. Hanover Insurance Group, et. al.

Sommers Schwartz attorneys Andrew Kochanowski, Jason Thompson, and Robert Sickels filed a class action on behalf of Michigan businesses forced to shut down during the coronavirus emergency, but whose business interruption coverage claims were denied by the defendant insurance companies. On March 24, 2020, Michigan Governor Gretchen Whitmer issued Executive Order No. 2020-21, which required…

Medical Malpractice – Failure to Monitor and Treat MSRA Infection Leading to Multiple Strokes: Maciejewski v. Trinity Health Michigan, et. al.

Sommers Schwartz attorneys Matthew Turner and Alanna Jonna filed a medical malpractice lawsuit on behalf of a woman who sustained permanent and catastrophic injuries after her MRSA infection returned because the defendants failed to appropriately monitor her recovery from the MRSA infection. According to the complaint, the plaintiff suffered a MRSA infection after spinal fusion…

Premises Liability – Trip-and-Fall at Little Caesar’s Arena: Wright-Burton v. City of Detroit, et. al.

Sommers Schwartz attorney Kenneth Watkins filed a premises liability lawsuit on behalf of a woman who sustained severe injuries after tripping over a negligently maintained curb in the parking lot of Little Caesar’s Arena after attending a Detroit Pistons game. According to the personal injury complaint, the plaintiff left the arena around 9:30 or 10:00…

Property Damage and Other Injury from Massive Flooding in Midland, Michigan: Borchard v. Boyce Hydro Power, LLC

Sommers Schwartz attorneys Jason Thompson and Elaina Bailey filed a federal class action against the hydroelectric companies, owners, and operators believed to be responsible for the devastating floods in Midland, Michigan. According to the complaint, on May 19, 2020, the 96-year-old Edenville Dam – one of several dams in the region of the Tittabawassee and Tobacco Rivers – failed…

Surgical Malpractice – Negligently Placed Feeding Causing Sepsis and Long-Term Injury: Sanclemente v. Henry Ford Hospital

Sommers Schwartz attorneys Matthew Turner and Dina Zalewski filed a medical malpractice lawsuit on behalf of a woman who suffered critical illness and sepsis, had to undergo several corrective surgeries, and experienced long-term, adverse health effects because of a feeding tube negligently misplaced in her colon during surgery. The plaintiff underwent routine surgery at the…

Suworow v. Henry Ford Macomb Hospital: Missed and Delayed Testicular Cancer Diagnosis Results in Death of 25-Year-Old Man

Sommers Schwartz attorney Robert Sickels filed a failure to timely diagnose cancer lawsuit on behalf of the estate of a 25-year-old man who passed away from testicular cancer. The disease went undiagnosed for months, even after repeated physician visits, multiple rounds of tests, and constant complaints of pain. On March 19, 2018, Brandon Cannon went…

Deceptive and Fraudulent In-Game Advertising: Coy v. Lilith Games

Sommers Schwartz attorneys Charles Ash, IV, Trent Kashima, and Kevin Stoops filed a class-action lawsuit against a Chinese videogame developer (Lilith Games) alleging that its Rise of Kingdoms mobile game was part of a predatory scheme to exploit players, including minors, using deceptive advertising techniques for financial gain. Filed in federal court in California, the…

Esophageal Injuries from Unnecessary Endoscopy – Moceri v. Rochester Endoscopy & Surgery Center

Sommers Schwartz attorney Matthew Turner filed a medical malpractice complaint on behalf of a man who suffered severe injuries to his esophagus after an unnecessary and negligently performed capsule endoscopy. According to the complaint, the plaintiff was evaluated by the defendant gastroenterologist for possible iron deficiency anemia and dysphagia. The defendant recommended that he undergo…

Cancer Misdiagnosis Resulting in Unnecessary Hysterectomy – Sieh v. IHA Ann Arbor OB/GYN

Sommers Schwartz attorney Robert Sickels filed a general negligence complaint on behalf of a woman who underwent an unnecessary hysterectomy and removal of her ovaries and fallopian tubes after she was misdiagnosed with cancer. On August 29, 2019, the plaintiff went to the defendant OB/GYN doctor with a complaint of spotting after her menstrual periods.…

Cardiology Malpractice – Failure to Timely Diagnose and Treat Spontaneous Coronary Artery Dissection: Drutchas v. St. Joseph Mercy Oakland, et al.

Sommers Schwartz attorney Matthew Turner filed a medical malpractice lawsuit on behalf of a 36-year-old woman who suffered permanent and catastrophic heart damage due to the defendants’ failure to recognize and treat spontaneous coronary artery dissection (SCAD) and prevent a second myocardial infarction. According to the lawsuit, the plaintiff presented to the ER of the…

Bariatric Surgery Malpractice – Wrongful Death Following Laparoscopic Sleeve Gastrectomy: Kata v. Covenant Medical Center, et al.

Sommers Schwartz attorney Matthew Turner filed a medical malpractice action in Saginaw County, Michigan Circuit Court for the estate of a woman who died after undergoing a laparoscopic sleeve gastrectomy. In December 2017, the decedent presented to the defendant hospital for bariatric surgery.  During the procedure, an internal injury led to postoperative internal bleeding that went undiagnosed and untreated…

Surgical and Diagnostic Errors – Delayed Repair of Small Bowel Perforation Following Hysterectomy Procedure: Monroe v. McLaren Macomb, et al.

Sommers Schwartz attorney Matthew Turner filed a medical malpractice action for a woman who suffered a small bowel perforation during a hysterectomy surgery that went undiagnosed and untreated for a number of days, causing unnecessary, life-threatening complications and long-term injury. On March 1, 2017, the plaintiff underwent a robotic-assisted total laparoscopic hysterectomy performed by the defendant obstetrician-gynecologist and OB-GYN residents.…

Surgical Malpractice – Wrongful Death from Failure to Inform Transplant Recipient of Compromised Donor Liver: Lietz v. Henry Ford Health System, et al.

Sommers Schwartz attorney Matthew Turner filed a medical malpractice action for the estate of a 58-year-old man who died from complications following liver transplant surgery.= In November 2015, the defendant surgeon performed a liver transplant procedure on the decedent. The lawsuit alleges that before the surgery, the defendant failed to recognize and appreciate that the…

Surgical Error During Gall Bladder Removal: Wallace v. Ascension Providence Hospital

Sommers Schwartz attorney Robert Sickels filed a surgical malpractice lawsuit on behalf of a woman whose gall bladder removal resulted in damage to her biliary tract, requiring a second surgery that re-routed her intestinal tract, leading to severe weight loss. According to the complaint, the plaintiff presented to the defendant general surgeon with sharp abdominal pain in her upper right side.…

Neurosurgical Malpractice – Paralysis and Other Complications Following Lumbar Decompression and Spinal Fusion Surgery: Griffin v. Johnston, et al.

Sommers Schwartz attorneys Richard Groffsky and Jay Yasso filed a neurosurgical malpractice lawsuit on behalf of a patient who suffered extensive damage after undergoing a lumbar decompression and spinal fusion procedure. According to the allegations, the plaintiff presented to the defendant hospital with chronic intractable lumbar pain that radiated into his legs and subsequently underwent…

Medical Malpractice – Failure To Diagnose Infant’s Metabolic Crisis And Prevent Stroke: Burrell v Lakeland Hospital, St. Joseph

Sommers Schwartz attorney Matthew Turner filed a medical malpractice suit on behalf of an infant who suffered extensive neurological damage following a metabolic stroke while in the defendants’ care. According to the complaint, the infant had been diagnosed with Glutaric Aciduria Type-1 (GA-1), a rare enzyme disorder that results in the abnormal metabolism of protein.…

Hospital Malpractice: Failure to Monitor Respiratory Depression: Piotrowski v. William Beaumont Hospital et al.

Sommers Schwartz attorneys Robert Sickels and Matthew Turner filed a medical malpractice claim on behalf of a woman who suffered respiratory arrest and brain damage while under the defendants’ care. According to the complaint, the plaintiff presented to the emergency room complaining of upper abdominal pain. Because of her obesity and the prescription drugs she…

Surgical Malpractice – Severe Bladder Complications after Hysterectomy: Brasfield v. Ascension Macomb Oakland Hospital

Sommers Schwartz attorney Kenneth Watkins filed a medical malpractice action on behalf of a 42-year-old woman who suffered severe bladder complications after undergoing a hysterectomy. According to the complaint, the plaintiff had a known history of kidney stones and uterine fibroids pressing on her bladder. It was recommended that she undergo an outpatient laparoscopically-assisted vaginal…

Neurological Malpractice: Motley v. Schell Spinal et al.

Sommers Schwartz attorney Matthew Turner filed a medical malpractice action against a neurosurgeon for his alleged failure to timely diagnose and treat a postoperative hematoma and seroma. According to the complaint, the defendant saw the plaintiff in the emergency room on January 17, 2017, one month after surgery on her lower back.  At that time,…

Wrongful Death – Failure to Timely Diagnose And Treat Pulmonary Thromboembolism: Wilson v. Vlachos et al.

Sommers Schwartz attorneys  Lisa Esser-Weidenfeller filed a wrongful death action on behalf of a man who died due to pulmonary embolisms after numerous doctors failed to timely diagnosis and treat his deep venous thrombosis and pulmonary embolisms. According to the complaint, the decedent presented to the emergency room at the defendant hospital in May of 2017 complaining of chest pain and…

Unpaid Off-the-Clock Work: Danford et al. v. Lowe’s Companies, Inc. et al.

Sommers Schwartz attorneys Kevin Stoops and Rod Johnston filed a class action in a North Carolina federal court against home improvement center giant Lowe’s on behalf of current and former department managers, service managers, support managers, and other non-exempt hourly managers. According to the allegations, Lowe’s violated state and federal wage and hour laws by…

Wrongful Death – Failure to Diagnose and Treat Aortic Dissection: Hubbard v. Beaumont Hospital

Sommers Schwartz attorney Matthew Turner filed a wrongful death action for the family of a woman who died after defendant doctors failed to diagnose and treat her aortic dissection on two separate emergency department visits. According to the medical malpractice complaint, the decedent presented to the first emergency room at one of the defendant hospitals complaining of shortness of breath and chest pain.…

Wrongful Death – Anesthesia Malpractice: Lali v. ProMedica Fostoria Community Hospital et al.

Sommers Schwartz attorney Kenneth Watkins filed a wrongful death action on behalf of a woman whose husband was placed under general anesthesia and died during surgery to amputate a gangrenous toe. According to the complaint, the decedent presented to the emergency room, where the defendant podiatrist diagnosed gangrene in the left foot, osteomyelitis, and cellulitis,…

Railroad Worker Employment – FMLA and FRSA Violations: Ginn v. CSX Transportation, Inc.

Sommers Schwartz attorneys Tad Roumayah and Benjamin Wilensky, in conjunction with counsel from the Huntington, West Virginia law firm of Bouchillon, Crossan & Colburn LC, filed an action on behalf of a former railroad worker claiming violations of the federal Family and Medical Leave Act (FMLA) and the Federal Railroad Safety Act (FRSA). The plaintiff…

Orthopedic Malpractice – Failure to Timely Diagnose Metallosis Following Hip Replacement

Sommers Schwartz attorney Robert Sickels filed a medical malpractice suit on behalf of a woman who underwent hip replacement surgery using a Stryker hip device that caused her to suffer chronic pain and metallosis as well as the eventual surgical removal of the defective hip implant components. According to the complaint, the defendant orthopedic surgeon…

Unlawful Pharmacy Audits: Wyoming Discount Pharmacy, LLC et al. v. Michigan Department of Health and Human Services

Sommers Schwartz attorneys Jason Thompson and Rod Johnston filed a class action lawsuit against the Michigan Department of Health and Human Services (MDHHS) on behalf of independent pharmacies across Michigan. According to the complaint, the defendant violated the Michigan Constitution and the  Administrative Procedures Act (APA) by arbitrarily conducting prescription audits of independent pharmacies, purportedly to…

Wrongful Death – Failure to Diagnose Cause of Splenic Infarction: Estate of Aiken v. McLaren Macomb

Sommers Schwartz attorney Matthew Turner filed a wrongful death suit on behalf of a 37-year-old husband and father who died two weeks after seeking treatment for abdominal pain. According to the complaint, the decedent presented to the hospital complaining of upper right quadrant pain that radiated to his back. The ER physician examined the patient…

Surgical Malpractice – Bile Duct Transection During Gallbladder Removal – Holt v. Cumba

Sommers Schwartz attorney Robert Sickels filed a surgical malpractice complaint on behalf of a 31-year-old woman whose bile duct was transected during a procedure to remove her gallbladder. According to the complaint, the plaintiff was scheduled to undergo a laparoscopic cholecystectomy (gallbladder removal) on May 18, 2017. Because the assigned surgeon was unavailable, the defendant surgeon…

Fighting the Opioid Epidemic – Unlawful Practices of Opioid Manufacturers & Distributors

Lisa M. Esser and the Sommers Schwartz Mass Tort Litigation Team are representing counties, cities, and townships across Michigan in federal lawsuits seeking damages from opioid manufacturers and distributors to help reduce the economic burden of the opioid crisis on Michigan municipalities. The complaints, initially filed in Detroit and Grand Rapids federal court, allege that opioid…

Surgical Errors – Negligent Repair of Penile Deformity – Elizalde v. Beaumont Hospital

Sommers Schwartz attorney Kenneth Watkins filed a medical malpractice claim on behalf of a minor who underwent surgery to correct a penile deformity. According to the complaint, the child was born with a Chordee penis (bent penis) and hypospadias (a condition where the urethra is not at the tip of the penis). Consequently, he could not…

Orthopedic Malpractice – Permanent Nerve Damage After Knee Replacement – Hall v. Lee

Sommers Schwartz attorney Matthew Turner filed a medical malpractice claim on behalf of a 53-year-old woman who, after undergoing total knee replacement surgery, sustained permanent neurological damage. According to the complaint, the plaintiff suffered from arthritis in her right knee and the defendant orthopedic surgeon performed a total right knee replacement. Immediately following the procedure, the plaintiff experienced…

Surgical Error – Loss of Left Arm Function – Caver v. Henry Ford Health System

Sommers Schwartz attorney Kenneth Watkins filed a medical malpractice action on behalf of a 62-year-old woman who underwent elbow replacement surgery and, due to a surgical error, now has virtually no functional use of her left arm. The lawsuit asserts the plaintiff, who was left-hand dominant, suffered from rheumatoid arthritis in her elbow and sought treatment with the…

Wrongful Death – Failure to Treat Assisted Living Resident’s Hypoglycemia – Price v. Inn at Cass Lake et al.

Sommers Schwartz attorney Matthew Turner filed a wrongful death suit for the estate of a hypoglycemic man who died while residing in the defendant assisted living facility. According to the complaint, the decedent was found to have a blood sugar level of 46 but the defendant’s medical personnel failed to administer glucagon or even contact…

Wrongful Death – Liability For Physician Assistant & Supervising Physician Negligence – Hill v. University of Michigan Hospitals & Health Centers

Sommers Schwartz attorney Kenneth Watkins filed a medical malpractice action on behalf of the estate of a 28-year-old man who died several hours after being wrongly diagnosed with gastroenteritis. The lawsuit asserts the patient arrived at Hurley Health Services Urgent Care complaining of nausea, vomiting, diarrhea, abdominal pain, coughing, and headache. Despite the patient having an elevated heart…

Illegal Pay Practices: Flores et al. v. Sarpino’s Pizzeria et al.

Sommers Schwartz attorneys Matthew Turner and Rod Johnston filed a class action on behalf of current and former delivery drivers, assistant managers, and other non-exempt hourly employees of Illinois-based Sarpino’s Pizzeria. According to the lawsuit, the defendants violated state and federal labor laws by engaging in various unlawful pay practices at several of their restaurant…

Wrongful Death – Failure to Provide Basic Emergency Care – Hill v Hurley Medical Center, et al.

Sommers Schwartz attorney Kenneth Watkins filed a medical malpractice suit on behalf of the estate of a 28-year-old man who died approximately six hours after being incorrectly diagnosed with gastroenteritis. According to the lawsuit, the man arrived at the Hurley Health Services Urgent Care facility complaining of nausea, vomiting, diarrhea, abdominal pain, coughing, and headache.…

Civil Rights Violations – Fraudulent Concealment of Sexual Assault by Larry Nassar: Multiple Plaintiffs v. Michigan State University, et al.

Sommers Schwartz attorney Lisa Esser-Weidenfeller filed a personal injury lawsuit on behalf of numerous female athletes who allege they were sexually assaulted by Larry Nassar, the former team physician for Michigan State University, USA Gymnastics (USAG) and Twistars, Inc. The civil complaint was filed in Grand Rapids federal court. It names as defendants Michigan State…

Radiology and Emergency Room Malpractice – Failure to Diagnose Testicular Torsion: McCrary v Legacy Garden City Hospital, et al.

Sommers Schwartz attorney Kenneth Watkins filed a medical malpractice suit on behalf of a teenage boy who was forced to have his right testicle removed after the defendants failed to properly and timely diagnose his testicular torsion. According to the lawsuit, the plaintiff presented to the defendant’s emergency room complaining of sudden and acute right…

Radiology Malpractice – Failure to Properly Interpret CT Scan: Stokes v. Swofford, et al.

Sommers Schwartz attorney Kenneth Watkins filed a wrongful death lawsuit on behalf of the estate of a 24-year-old married woman who died after suffering acute obstructive hydrocephalus. According to the complaint, after the decedent presented to the emergency room complaining of severe headaches, she suffered a partial seizure and underwent a CT scan. The plaintiff…

Misappropriation of Organization Funds – Ferrel v. Israelite House of David

Sommers Schwartz attorney David M. Black filed a lawsuit against the Israelite House of David (IHOD), a voluntary religious organization. According to the complaint, the organization holds significant assets and the defendants, who are IHOD members, committed fraud and deception by misapplying the organization’s funds. The complaint asserts the defendants have jeopardized the organization’s favored…

Call Center Wage Theft: Shaulis v. AxisPoint Health

Sommers Schwartz attorneys Kevin Stoops and Jason Thompson filed a lawsuit on behalf of “Telehealth Nurses” and “Advice Line Nurses” employed by AxisHealth to receive and respond to patient phone calls. According to the complaint, the defendant required the plaintiffs to undertake necessary job duties such as logging in and out of computer programs and clocking…

Illegal Pay Practices: Tucker v. Sneaker Villa, Inc.

Sommers Schwartz attorneys Kevin Stoops and Charles Ash, IV filed a class action on behalf of current and former employees of Sneaker Villa who worked as hourly, non-exempt “Key Managers” (store clerks) in the company’s 120 retail outlets across ten states. According to the lawsuit, the defendant maintained a policy of refusing to pay Key…

Unpaid “Off the Clock” Work: Smith v. Kaiser Foundation Hospitals

Sommers Schwartz attorneys Jesse Young and Kevin Stoops, along with counsel from San Francisco law firm Outten & Golden LLP, filed a class action lawsuit on behalf of home-based Telemedicine Specialists and Advice Nurses employed by Kaiser Foundation Hospitals. The plaintiffs claim they were routinely required to perform pre-shift and post-shift “off the clock” work and to travel to mandatory training and…

Wage & Hour Violations: Tiller v. Consolidated Cleaning Systems, Inc.

Sommers Schwartz attorney Jason Thompson, in conjunction with counsel from San Diego law firm Finkelstein & Krinsk LLP, brought a class action lawsuit against a janitorial and cleaning services for various wage and hour violations. The plaintiffs, hourly workers employed by the defendant, claim that they were paid a per-day or per-hour rate that did…

Fair Labor Standards Act Violations: Terrado v. Accredited Debt Relief, LLC

Sommers Schwartz attorneys Jason Thompson and Jesse Young, along with counsel from California law firms Finkelstein & Krinsk LLP and James Hawkins, APLC, brought a collective action on behalf of call center agents employed by Accredited Debt Relief. According to the complaint, the defendant’s managers falsified the plaintiffs time records by reducing hours worked to…

Nursing Malpractice – Failure to Prevent Pressure Ulcers: Drake v. United Home Health Services, Inc.

Sommers Schwartz attorney Matthew Turner filed a lawsuit against a provider of in-home nursing services. According to the complaint, because she was bedridden with impaired mobility, the plaintiff, who suffers from multiple sclerosis, was at greater risk for pressure ulcers. Knowing this, the nurse assigned by the defendant should have regularly examined the plaintiff, properly positioned…

Failure to Pay Overtime: Allen v. Renaissance Head Start

Sommers Schwartz attorneys Kevin Stoops and Charles “Rob” Ash, IV filed a class action against Metropolitan Children and Youth, Inc. – Renaissance Head Start on behalf of a group of Assistant Teachers employed as hourly workers. According to the lawsuit, the plaintiffs participated in classroom operations, including planning and carrying out activities, supervising the children…

Neurosurgical Malpractice – Nerve Damage from Negligently Performed Lumbar Fusion: Estlow v. Greater Michigan Spine & Neurologic Institute, et al.

Sommers Schwartz attorney Matthew Turner filed suit on behalf of a woman claiming to be permanently injured as the result of a negligently performed spinal surgery. The plaintiff underwent a posterior lumbar fusion procedure and alleges that the defendant surgeon placed excessive bone graft material in the neural foramen in at least two spinal levels,…

Cardiovascular Errors Resulting in Leg Amputation: Jackson v. Oakwood Healthcare, et al.

Sommers Schwartz attorney Kenneth Watkins filed a medical malpractice lawsuit on behalf of a man forced to have his leg amputated due to the gangrene and muscle necrosis following vascular bypass surgery. According to the complaint, the plaintiff underwent a popliteal artery bypass in April 2015. In the two months after the operation, hematomas developed…

Anesthesia and Emergency Room Malpractice: Barker v. Bay Region Medical Center et al.

Sommers Schwartz attorney Robert Sickels filed a medical malpractice action involving a contraindicated epidural injection and a subsequent failure to timely treat the plaintiff’s progressive neurological deficits. The lawsuit claims that the defendant anesthesiologist-pain management physician diagnosed the plaintiff with thoracic radiculopathy, myalgia, hypertension, and intervertebral disc disorder, for which he recommended and performed the…

Failure to Diagnose Bladder Cancer: Karsmarski v. Jensen, et al.

Sommers Schwartz attorney Matthew Turner filed a wrongful death action alleging a failure to timely and properly diagnose bladder cancer. According to the lawsuit, the defendant urologist performed a Trans-Urethral Resection of a Bladder Tumor (TURBT) after previously identifying papillary tumors consistent with transitional cell carcinoma. The patient then received a series of Bacillus Calmette-Guerin therapy…

Breach of Teachers’ Employment Contract: Allen et al. v. Human Resource Experts, Inc. et al.

Sommers Schwartz attorneys Daniel Swanson and Tad Roumayah filed suit on behalf of 21 teachers, employed by the defendant, who were assigned to work at the Taylor International Academy charter school. Pursuant to their written contracts, the plaintiffs were 10-month employees, and the defendant was obligated to pay their respective annual salaries over a 12-month…

Anesthesiology Malpractice – Failure to Consult Treating Cardiologist: Andrews v. Neuro Pain Consultants, P.C., et al.

Sommers Schwartz attorney Matthew Curtis filed a Notice of Intent to bring a medical malpractice action on behalf of a woman who suffered a stroke after being advised to stop her blood thinner medication in advance of a pain injection. According to the notice, the plaintiff suffered from atrial fibrillation and was taking Pradaxa as…

Birth Injury – Failure to Recognize Fetal Distress: Parnell v. Moore, et al.

Sommers Schwartz attorney Richard Groffsky filed a medical negligence action on behalf of Ari Davis, who was the second of twins born to mother Charde Parnell. According to lawsuit, the defendant doctors responsible for Mrs. Parnell and Ari’s care failed to properly recognize fetal monitor abnormalities including decelerations and bradycardia, which indicated a need for…

Automobile Accident – First-Party, Third-Party, and Uninsured Motorist Claims: Mann v. DuBois, et al.

Sommers Schwartz attorney Kenneth Watkins filed an action on behalf of a woman who suffered serious and permanent injury in a chain reaction automobile accident. The plaintiff sustained a traumatic brain injury and extensive back-related injuries when the car she was driving was struck from behind by another car that had been struck by the…

Failure to Pay Overtime to Hourly Workers: Matthews v. Hyatt Corp.

Sommers Schwartz attorneys Jesse Young and Charles Ash, IV filed a class action lawsuit on behalf of current and former at-home reservation agents who worked for Hyatt in the last three years. The lawsuit contends that the plaintiffs were not paid for pre- and post-shift work as well as time spent during their shifts on…

Wrongful Death – Failure to Consult Treating Cardiologist: Nicolai v. Pfeiffer, Henry Ford Allegiance General Surgery, et al.

Sommers Schwartz attorney Matthew Curtis filed a medical malpractice action on behalf of the estate of an active, healthy 69-year-old man who died from a stroke shortly after undergoing a preventative colonoscopy at Henry Ford Allegiance Medical Center. According to the lawsuit, in compliance with patient procedure instructions issued by Defendant Henry Ford Allegiance Health,…

ADA and FMLA Violations and Wrongful Discharge: Monroe v. Verizon Wireless, et al.

Sommers Schwartz attorney Tad Roumayah filed a wrongful termination action lawsuit on behalf of a former Verizon Wireless solutions specialist. According to the allegations, the plaintiff worked for the defendant for ten years, during which time he regularly received exemplary performance evaluations, bonuses, and merit pay increases. Following a serious head injury, he experienced intense…

Surgical Malpractice – Bladder Perforation: Myers v. Mehta, et al.

Sommers Schwartz attorney Robert Sickels filed a surgical malpractice action on behalf of a patient who suffered a perforated bladder during an appendectomy surgery. According to the lawsuit, the patient presented to the emergency room complaining of abdominal pain and nausea. The defendant surgeon was consulted and examined the patient, who informed the doctor he…

Unpaid “Off the Clock” Work: Poye et al. v. Yelp, Inc.

Sommers Schwartz attorneys Kevin Stoops and Charles Ash, IV filed a class action on behalf of current and former hourly call center agents employed by Yelp. According to the lawsuit, the plaintiffs worked a full-time schedule and were required to use company computer networks and applications to carry out their jobs. However, Yelp required the…

Wrongful Death – Failure to Timely Interpret CT Scan: Wilson-Cammon v. Detroit Receiving Hospital, et al.

Sommers Schwartz attorney Kenneth Watkins filed a wrongful death lawsuit on behalf of the estate of a 32-year-old man who died at Detroit Receiving Hospital. The patient, a type 1 diabetic, was admitted to the hospital with diabetic ketoacidosis and chest pain. A week into his hospitalization, the patient suffered cardiac arrest and was given…

Pregnancy Discrimination: Parsons v. Advanced Benefit Solutions, Inc.

Sommers Schwartz attorney Tad Roumayah filed a lawsuit on behalf of a woman previously employed as a Wellness Coordinator for the defendant. According to the allegations, the plaintiff worked for the defendant for four years, during which time she regularly received exemplary performance evaluations, bonuses, and merit pay increases. She delivered her first child and…

Wrongful Death – Landlord Negligence & Statutory Liability: Garcia v. Topie

Sommers Schwartz attorney Matthew Turner filed a wrongful death action on behalf of the estate of a 52-year-old husband and father who died trying to escape from a building fire in Imlay City, Michigan. According to the complaint, the decedent worked at his brother’s restaurant and lived in the basement of the premises where the…

Birth Injury – Failure to Recognize Fetal Distress: Kirkland v. Grady Memorial Hospital

Sommers Schwartz attorney Richard Groffsky filed a medical malpractice action on behalf of Miracle Leavell, who was born at Grady Memorial Hospital, and her mother, Latrassa Kirkland. According to lawsuit, the Defendant doctors failed to properly recognize abnormal fetal heart tracings in Miracle, a danger that should have been addressed with an emergency caesarean section…

Perforated Ear Drum and Loss of Hearing: Wilson v. Trinity Health-Michigan, et al.

Sommers Schwartz attorney Kenneth Watkins filed a medical malpractice lawsuit on behalf of a 49-year-old woman, who suffered serious hearing loss during what should have been a routine medical procedure, and her husband. During a doctor’s visit, the plaintiff was told by a doctor that she had a buildup of wax in both her ears.…

Failure to Pay Overtime Rate: Martinez et al. v. FSA Logistix, Inc.

Sommers Schwartz attorney Jesse Young is litigating a class action on behalf of current and former employees of FSA Logistix, Inc.such as drivers or installers who assisted in delivery and installation services for FSA. The lawsuit that was filed alleges that the plaintiffs routinely worked more than 70 hours per week, but the company failed to…

Unlawful Pay Practices: Hayes et al. v. XPO Last Mile, Inc.

Sommers Schwartz attorney Matthew Turner is litigating a class action on behalf of current and former employees of XPO Last Mile, Inc.such as drivers or installers who assisted in delivery and installation services for XPO. The lawsuit alleges that the plaintiffs routinely worked more than 70 hours per week, but the company failed to pay…

Wrongful Death – Failure to Diagnose Sepsis: Musial v. Oakwood Southshore Medical Center

Sommers Schwartz attorney Matthew Turner filed a wrongful death lawsuit on behalf of the estate of a woman who died after an infection in her spine traveled to her bloodstream, causing sepsis and necessitating cardiothoracic surgery which led to stress on her heart and a stroke. According to the complaint, the decedent’s physicians and hospital…

Surgical Malpractice – Rectal Tear: Shoneye v. William Beaumont Health System, et al.

Sommers Schwartz attorney Kenneth Watkins filed a medical malpractice lawsuit on behalf of a 37-year-old woman who was the victim of a surgical error during a laparoscopic-assisted vaginal hysterectomy. According to the complaint, the defendant surgeon negligently injured the patient’s rectum during the procedure, but it was not discovered until three days later. In the…

Wrongful Death – Nursing Home Malpractice: Findling v. Heartland Health Care Center – Plymouth, et al.

Sommers Schwartz attorney Matthew Turner filed a wrongful death lawsuit claiming that nurses employed by the defendant nursing home were professionally negligent in caring for the decedent, who was admitted to the facility with a tracheostomy tube. According to the complaint, the nurses failed to ensure placement of an inner cannula inside the patient’s trach tube…

Birth Injury: Mismanaged Preeclampsia and Delayed C-Section – Blackaby v. Mount Clemens Regional Medical Center, et al.

Sommers Schwartz attorneys Matt Curtis filed suit alleging the defendants’ failure to properly manage the plaintiff mother’s prenatal care as well as their delay in performing a caesarean delivery, resulting in stillbirth. According to the lawsuit, despite the mother’s repeated complaints of headaches and elevated blood pressure over a two-month period, the defendant obstetrician failed…

Wrongful Death from Negligently Treated Bed Sores: Stewart v. MediLodge of Southfield, et al.

Sommers Schwartz attorney Matt Turner filed a wrongful death lawsuit alleging that defendant long-term care facility’s failure to properly prevent and treat decubitus ulcers (bed sores). According to the complaint, the MediLodge medical staff did not recognize and appreciate the decedent’s heightened risk for bed sores, and ulcers developed on her coccyx, right hip, and right…

Defective Hip Implant – Bone v. DePuy Orthopaedics, Inc. et al.

Sommers Schwartz attorney Robert Sickels initiated a lawsuit alleging a manufacturing defect in a hip replacement system marketed by Johnson & Johnson’s DePuy Orthopaedics division. According to the complaint, the plaintiff was implanted with the defective device in his left hip in September 2011. The femoral component of the device subsequently fractured, causing him physical pain,…

Stryker Rejuvenate and ABG II Defective Hip Implant Litigation

Sommers Schwartz attorney Robert Sickels has filed a number of lawsuits against Stryker Corporation and its wholly-owned subsidiary Howmedica Osteonics alleging breach of warranty, failure to warn, negligent design, and negligent manufacturing defect originating from the Rejuvenate and ABG II hip replacement systems. In each case, the plaintiff underwent surgery to receive the implant, after…

RICO Violations – Almanza v. United Airlines, Inc. et al.

Sommers Schwartz attorney Andrew Kochanowski along with a team of lawyers from other firms, filed a class action lawsuit against United, Delta American, and other air carriers alleging violations of the federal Racketeer Influenced & Corrupt Organizations Act. The complaint alleges that the defendants developed and implemented an illicit scheme to charge a “Mexico Tourist Tax” for…

Breach of Contract – Fun Vacation Network LLC v. Blackhawk Network, Inc.

Sommers Schwartz attorneys Andrew Kochanowski, Kevin Stoops, and Sarah Rickard initiated a breach of contract lawsuit for a distributor of consumer gift cards. According to the complaint, the plaintiff entered into an agreement with the defendant to sell Disney Vacation gift cards in numerous retail locations east of the Mississippi River. The parties expressly agreed…

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