Case Examples

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, ...
  • $82,500 Settlement Over Physician’s Failure to Diagnose Cancer

Sommers Schwartz attorney Matthew Turner secured an $82,500 settlement for a woman who claimed that her internal medicine physician committed medical malpractice by failing to timely advise her of test results showing a cancerous mass on her ovary. After undergoing an ultrasound that revealed the eight-centimeter mass, the radiologist who performed the procedure recommended to the defendant internist that the patient be referred to a gynecological oncologist, which was never done. The plaintiff was led to believe that her test results were normal. Seven months later, however, she presented to the emergency room complaining of stomach tightness and inexplicable weight gain, and testing revealed that the mass had grown to 26 centimeters, weighed 2.5 pounds, and was in fact cancerous. Although the plaintiff was given an excellent prognosis, she underwent surgery to remove the mass, her ovaries, and fallopian tubes. She now has a permanent surgical scar and has lasting emotional injuries as a result of the negligence.

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