The Law Offices of Charles Dunn
Lubbock County Medical Malpractice Attorney
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Client Settlements

Below is a sampling of some of the results I have obtained for my clients. I'd like the opportunity to try and do the same for your lawsuits. Look over the results, and when you're ready to tell me what happened to you or your loved one, call me at 806-763-1944 or complete my online form. There is no cost to you for this call. I will answer your questions and ask you a few questions as well.

1. Settlement with an orthopedic spine surgeon for a 55-year-old woman who underwent a lumbar fusion at L-4 / L-5. During the procedure she developed a dural tear which was repaired during the surgery. The next day she complained of incontinence and decreased feeling in her pelvic area. The symptoms went untreated for approximately two weeks until the orthopedic surgeon finally ordered an MRI which revealed fluid accumulated at the level of the cauda equina. A second surgery to decompress the nerve damage did not avoid permanent incontinence.

2. A jury verdict of 12 times the pretrial offer was obtained for a 28-year-old man who suffered a vertebral artery dissection from a chiropractic cervical spine adjustment. The chiropractor caused the dissection and stroke when he used too much force during the procedure. The client suffered a stroke which caused blindness in one eye, loss of income and future medical expenses for rehabilitation. The case was appealed to the Texas Supreme Court, which held that a chiropractor has a duty to warn patients of the risk of vertebral artery dissection and stroke during a spinal manipulation. Felton v. Lovett 388 S.W. 3d 656 (Tex. 2012).

3. A 59-year-old woman was diagnosed with endometrial cancer which necessitated the removal of her uterus and ovaries. The ovaries were removed using a standard laparoscopic procedure. The surgeon then switched to a robotic-assisted device to perform the hysterectomy. After the procedure, the client was released from the hospital but continued to experience pain. She was readmitted for an exploratory procedure and it was determined that she had a perforated bowel. The perforation was repaired and the client was again sent home. She returned to the ER with severe pain several days later and a third surgery was performed to place an ileostomy and a colostomy device. She remained in the hospital for 90 days while being treated with intravenous antibiotics for peritonitis. The client received a settlement from both the surgeon and the robotic device manufacturer.

4. A 34-year-old woman with end-stage kidney disease and who was on dialysis presented to her obstetrician/gynecologist with abdominal pain. He diagnosed her with a tubal pregnancy. A tubal pregnancy is not viable and cannot be carried to term because it will endanger the life of the mother. To end the pregnancy, the obstetrician/gynecologist injected her with a drug called Methotrexate, which is a chemotherapy drug but is also approved for use in women who experience a tubal pregnancy. One of the contraindications of the drug is that it is not to be used on dialysis patients because the drug is cleared through the kidneys and its use in patients with kidney disease could cause methotrexate poisoning. The client experienced severe burning and lesions on her face and the rest of her body as a result of the methotrexate poisoning. She was no longer able to use peritoneal dialysis and had to go back to traditional dialysis. She received a settlement from the doctor to compensate her for severe pain, mental anguish, disfigurement and loss of earning capacity.

5. Settlement for 67-year-old woman who had hip replacement surgery. After the surgery, the client complained of pain and foot drop. It was determined that the hardware that had been implanted was infected, which necessitated a second surgery to remove the infected hardware. During the second surgery, the second surgeon documented that the first surgeon had put a stitch over the sciatic nerve which causing the permanent foot drop.

6. Settlement for the family of a 60-year-old man who collapsed on the street after a visit to a dentist. An ambulance was called and it was determined that the man needed to be airlifted to a regional level one trauma center. He was transferred to an air flight crew for the helicopter trip to the hospital. During the trip, a flight nurse attempted to place a chest tube to relieve a tension pneumothorax but punctured a main artery during the procedure. The man was dead on arrival at the hospital because of massive hemorrhaging at the tube placement site.

7. Settlement for 50-year-old woman who was paralyzed after having an epidural steroid injection. The client was suffering from lower back pain and her doctor recommended an injection at the nerve root to be performed by a pain management doctor. The injection of cortisone at the nerve root is intended to relieve the source of back pain. The patient underwent the procedure on an outpatient basis and was released to return home. As she was travelling back to her home, which was approximately an hour's drive away, she experienced numbness and weakness in her legs. She was taken immediately to the ER and a CAT scan revealed a bleed into the epidural space of the spinal canal which was caused by the injection. She was rushed back to the hospital in Lubbock where a neurosurgeon performed a decompressive laminectomy to eliminate the pressure on the nerve root of the lower back. She suffered permanent spinal injury and was paralyzed from the upper back down.

8. Settlement with a laser manufacturer and a physician for a 40-year-old woman who had a laser skin rejuvenation procedure performed by an esthetician who was being supervised by a physician. The procedure caused severe burns and facial scarring. The client had dark skin, which absorbs light from the laser more efficiently than when used on lighter-skinned individuals. The esthetician failed to use the proper setting on the laser which is designed for darker-pigmented individuals, and as a result, a deep facial burn occurred. Despite treatment by a plastic surgeon, permanent facial scarring occurred.

9. On November 30, 2012, the Texas Supreme Court upheld a jury verdict I obtained for my client Aaron Felton against Chiropractor Brock Lovett. The opinion is here http://caselaw.findlaw.com/tx-supreme-court/1616936.html.

The Texas Lawyer, a statewide publication for attorneys in Texas, called it "remarkable" because of the difficulty in winning medical malpractice cases in Texas. Read the article here: http://texaslawyer.typepad.com/texas_lawyer_blog/2012/11/medical-malpractice-verdict-makes-it-to-the-texas-supreme-court-and-lives.html

The case was tried in December 2009 and made it all the way to the Texas Supreme Court. The Court, in a unanimous decision, held that chiropractors have a duty to warn patients that there is a risk that a patient will sustain a stroke when a chiropractor performs a neck adjustment. If the chiropractor does not warn of the risk and the patient is injured as a result of the adjustment, the chiropractor can be held responsible.

Winning is our strongest tradition at Charles Dunn, Attorney at Law, and this important case is just another one of our success stories.

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