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Case Examples

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 ...
  • $800,000 Settlement in Medical Malpractice Case Involving Negligent Cervical Epidural Steroid Injection

Sommers Schwartz attorneys Lisa Esser-Weidenfeller and Richard Fox negotiated an $800,000 settlement for a 51-year-old woman who suffered severe and debilitating injuries due to a pain specialist’s breach of the accepted standard of care.

The plaintiff was referred to the defendant specialist for treatment of left hip, neck, and back pain. On her first visit, the plaintiff complained of bilateral back and neck pain, and the defendant ordered cervical and lumbar MRIs.

Although the plaintiff did not reference any radiating pain, the defendant diagnosed her with cervical radiculopathy and performed a cervical epidural steroid injection (CESI). The plaintiff was placed under moderate to heavy sedation and woke up in excruciating pain 15 minutes after the procedure.

The plaintiff claimed the defendant had negligently entered the spinal cord while performing the CESI, causing severe injuries.

Because of the defendant’s error, the plaintiff has several physical and mental injuries, including a nonfunctioning atrophied left (dominant) hand with contraction of the fingers, an absence of sensation from her left shoulder down, lost strength and mobility in her left hand, constant pain, debilitating headaches, eye and vision problems, and cognitive deficits. She cannot work, nor can she perform the activities of daily living.

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