Dec 26, 2016 | Cases
Plaintiff, a bricklayer-carpenter, age 42, sustained a nearly complete amputation of his left hand, while using a power miter saw found to be unreasonably dangerous due to a lack of a right side lower blade guard. Plaintiff’s expert was the invertor and designer of the 10-inch Black & Decker Power Miter Box Saw ( Model 7717, Type 1) testified he designed guards for both sides but for marketing reasons Black & Decker omitted the right side guard.
Dec 26, 2016 | Cases
Laird Ozmon from Ozmon Law settled an $8,000,000.00 dollar Alpha-1 Antitrypsin Deficiency (AATD, A1AD) case for client Scott S. Scott was misdiagnosed with COPD for years when he actually had the rare Alpha-1 protein deficiency.
Beginning in 1991, defts misdiagnosed M-40 pltf’s genetic disorder(Alpha-1 Antitrypsin Deficiency) as asthma, resulting in loss of over 75% of pltf’s lung function, leaving him a pulmonary cripple and diminishing his life expectancy by 15-20 years. If identified by a simple blood test, progress of the disease could have been halted by serum replacement therapy and pltf’s emphysema prevented. Due to his extended treatment for asthma with steroids, pltf also developed osteoporosis and suffered multiple vertebral fractures. NOTE: this is the first known case involving the misdiagnosis of Alpha-1 Antitrypsin Defeciency.
Dec 26, 2016 | Cases
Age 49, a carpenter, was using a 10-inch Black and Decker miter box saw when an unguarded blade on the right side struck his left hand, amputating one-third around the thumb. Thumb was sewn back on and palm repaired, but a year later index finger had to be removed and other fingers are unable to grasp, numb and have pain, due to tendon injury. Inventor had testified he designed guards for both sides but deft omitted right side because most users are right-handed.
Dec 26, 2016 | Cases
December 1, 2003, pltf M-16 presented to the emergency room of Deft Hospital with a two-day history of abdominal pain and diarrhea. He had a fever and was tachycardic. His CBC blood test revealed that his white blood count was elevated with marked shift to the left. A CT scan of his abdomen revealed that appendicitis could not be excluded as a possible diagnosis. He was admitted thereafter to deft Mercy Hospital. On December 2, 2003, he was discharged from the deft Mercy Hospital by deft Cesare Menendez, M.D., despite an abdominal white blood count, bandemia, and fever spike noted at time of discharge. On December 3, 2003, pltf’s decedent’s parents called deft Cesare Menendez, M.D. on two occasions informing him that their son’s condition was worsening. However, it was not recommended that they return to the hospital immediately, but rather were given an appointment for the following day at 1:00p.m. On December 4, 2003 at 1:40a.m., pltf’s decedent told his father to take him to the hospital but then collapsed and died. Autopsy later disclosed a purulent infectious process in the right lower quadrant most likely related to a perforated appendicitis resulting in peritonits, sepsis and ultimately his death.
Dec 26, 2016 | Cases
Male 44 yr old cabinet maker’s August 1996 chest x-ray was misread and defendants failed to diagnose his lung cancer until May, 1997, when it was Stage III and had metastasized to his brain. He died in Sept. 1997 (survived by wife and 3 grown children)
