Verdicts and Settlements – Charles Dunn Lubbock Attorney
Are you probably wondering what is possible when you have a very good Texas Personal Injury Attorney working for you?
Below is a sampling of some of the results our law office have obtained for our clients. We’d like the opportunity to try and do the same for your lawsuits. Look over the results – and when you’re ready to tell us what happened to you or your family member, call us at (806) 763 1944. There is no cost to you for this call. Our legal team 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 pre-trial 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. Settlement with the wife of a 40 year old welder who was killed when a two ton steel tower fell on him at the workplace. The employer manufactured steel towers for the meat processing industry. The tower was 26 feet tall and was made of heavy steel with a narrow base. The tower was unstable because of its narrow base and should have been assembled on the ground or secured to the wall with restraining straps. After the death of the worker, the manufacturer received numerous OSHA citations for workplace safety violations.
5. A small town restaurant served a Sunday buffet that was popular with the after church crowd, especially senior citizens. The restaurant had a multi-level floor design which required the patron to carry a tray of food from the buffet table to the dining area while at the same time stepping up from a lower level to a higher level. The design was unreasonably dangerous because it was not clearly marked and the owner of the building did not take steps to change the grade of the floor or to make it safer. As a result, the client received a settlement when she fell and shattered her hip.
6. 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.
7. 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 stich over the sciatic nerve which causing the permanent foot drop.
8. 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.
9. 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.
10. Settlement with a county detention center when an arrestee suffered permanent brain damage from failure to treat alcohol withdrawal. The client was arrested for driving while intoxicated and was placed into the general jail population. His intake form notified the jailers that he was an alcoholic and drank approximately 13 beers every night. After several hours of incarceration he began creating a disturbance and the other inmates asked the jailers to move him. He was moved to a concrete isolation cell where he was monitored by video cameras. The surveillance video showed signs of hallucinations and other signs of alcohol withdrawal which continued to worsen as the evening wore on. Eventually the client climbed on top of a two foot tall concrete bunk bed and dived off of it backwards hitting his head on the concrete floor. The fall caused a subdural hematoma which was not discovered by jailers until 12 hours later. By the time he received medical treatment, he was permanently brain damaged by the buildup of pressure in his brain.
11. Settlement for a teenager who was riding an off road farm spray vehicle on a rural dirt road. An automobile travelling at high speed failed to stop and yield the right of way to oncoming traffic at an intersection and collided with the spray vehicle. The collision caused severe limb injuries, eye injuries and a closed head injury. As a result of the collision, the teenager lost a college scholarship and was permanently disabled.
12. Settlement for a cotton gin worker who received a crush injury to his right forearm. The gin maintained lint rollers which are basically knives attached to a roller which rotates over raw cotton to take the seed out .The rollers have to be periodically cleaned of the excess cotton to function properly. The client was cleaning the machine when his sleeve got caught on one of the knives which pulled it into the roller causing his forearm to be crushed. The lint roller did not have a machine guard to prevent clothing and other objects from being pulled into the machine and there was no emergency kill switch installed on the machine to stop it in an emergency. The machine had to be stopped by a co-worker who ran across the gin floor to the main control area to stop the machine. As a result of the injury, the worker developed compartment syndrome which necessitated major surgery to relieve the pressure on the nerves of the arm. As a result of the injury, the worker lost the use of his arm
13. 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.
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 unamious decison, 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 the Law Offices of Charles Dunn and this important case is just another one of our success stories.
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Brain & Spinal Cord Injuries