MEDICAL MALPRACTICE. Clinic. $______ CONFIDENTIAL RECOVERY

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Verdicts by Category

MEDICAL MALPRACTICE

Clinic

$1,000,000 CONFIDENTIAL RECOVERY

Medical malpractice – Clinic negligence – Nursing

negligence – Failure to timely identify and treat

acute ear infection – Complete, permanent

hearing loss in 15-year-old.

Withheld County, MA

In this medical malpractice matter, the plaintiff

alleged that the defendant health center and its

nurse were negligent in failing to timely diagnose

and treat the teen’s ear infection which ultimately

resulted in the complete and permanent loss of

hearing in the infected ear. The defendants

denied any deviation from acceptable standards

of care.

The 15-year-old plaintiff was treated by a nurse at the

defendant’s clinic for loss of hearing in his left ear,

vomiting, dizziness and ringing in the ear. The nurse

examined the plaintiff and determined that he was

suffering from inflammation of the inner ear, which

was causing the plaintiff’s symptoms. The plaintiff re-

turned one week later still with the same symptoms

and was seen by the same nurse who re-examined

the plaintiff and came up with the same diagnosis.

The plaintiff was seen by an ENT approximately 6

weeks later. The ENT diagnosed the plaintiff with acute

sensorineural hearing loss, peripheral vertigo and left

ear tinnitus. The ENT prescribed steroidal treatment,

which did not help. The plaintiff was diagnosed with

complete, permanent hearing loss in the ear due to

the defendant nurse’s failure to timely act and treat

the plaintiff’s infection.

The plaintiff was prepared to present evidence that

the nurse’s failure to timely refer the plaintiff to an ENT

or prescribe steroids for the apparent infection were

deviations from acceptable standards of care and

led to the plaintiff’s hearing loss. The defendants de-

nied the allegations. The defendants maintained that

there was no deviation from acceptable standards of

care in their treatment of the plaintiff. The defendants

also maintained that prescription of steroids would not

have substantially affected the outcome for the plain-

tiff and the failure to prescribe therefore was not the

cause of the plaintiff’s injuries and alleged damages.

The parties agreed to resolve the plaintiff’s claim for

the sum of $1,000,000 in a confidential settlement

among the parties.

REFERENCE

15-Year-Old Plaintiff vs. Defendant Health Center. 05-

30-20.

Attorneys for plaintiff: Patrick T. Jones and Richard

W. Paterniti of Jones Kelleher in Boston, MA.

Nursing Home

$700,000 CONFIDENTIAL RECOVERY

Medical malpractice – Nursing home negligence –

Failure to timely implement fall protection

protocols – Failure to timely seek medical

attention after fall – Wrongful death of 83-year-

old patient following fall.

Withheld County, MA

In this medical malpractice matter, the plaintiff

alleged that the defendant nursing home was

negligent in failing to properly protect the

decedent from falling and then failing to take

appropriate action to obtain medical care for the

decedent after a fall. The decedent died as a

result of injuries sustained in the fall. The

defendant nursing home denied any wrongdoing

and disputed the plaintiff’s claim of damages.

The 83-year-old female patient had suffered 2 frac-

tures and was admitted to the defendant’s facility for

short-term rehabilitation. The patient had a medical

history of being on blood thinners and had been as-

sessed by the defendant facility during its intake pro-

cess, as a high fall risk. As a result, the defendant was

to take extra precautions to ensure the patient’s safe

and implement fall precautions. The plaintiff con-

tended that it did not do so as evidenced by the fact

that the patient fell 3 days after her admission. On the

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