Medical Malpractice and Automobile Negligence – $3.1 Million Recovery
We represented a 51-year old Home Care Provider, who was driving in the course and scope of his employment as a caregiver in San Francisco. Our client was struck by a Hummer rented from the Hertz Corporation and driven by a foreign tourist making an illegal turn on a red light. He was taken the emergency department of the local hospital by ambulance but at the emergency department, Vernon’s treating physicians’ inadvertently injured his spinal cord rendering him a partial quadriplegic. Senior Counsel Mark Fong, Partner Dale Minami and Associate Eunice Yang, handled both the auto accident claim which settled for Hertz’ policy limits of $1 million and later settled the claim against the physicians and the hospital for $2.1 million. Our client faced a number of challenges in settling the medical malpractice case. First, noneconomic damages were capped at $250,000 due to MICRA. His past and future wage loss claim was $252,157. Defendants argued plaintiff’s claim for future medical expenses was unrecoverable as a matter of law, as the compensation carrier had agreed to provide John with lifetime medical care and defendants were entitled to introduce this fact to the jury. The PI team argued, however, through Plaintiff’s experts in healthcare financial administration, life care planning and workers compensation utilization review, that workers compensation is unlikely to pay for much of the treatment he will need over the next 30 years, leaving him exposed at the time when he will most need care. The team settled the medical malpractice case for $2.1 million, recovering his entire wage and the terms of the settlement provides Vernon with the lifetime care that he needs
Medical Malpractice – Negligent Knee surgery: $1.2 Million Verdict
Our client, a 33 year-old high school teacher, went to an orthopedic surgeon in San Bernardino County for reconstructive knee surgery on her ACL (anterior cruciate ligament). The surgeon negligently drilled through the artery and vein behind her knee, causing her to develop an aneurysm which required vascular surgery to restore the circulation to her leg and foot. Our client required three surgeries after the original ACL surgery to restore circulation to her leg. Experts testified that our client is likely to require at least one more vascular surgery during her lifetime. Mark Fong obtained a $1.2 Million verdict for the client.
Medical Malpractice – Negligent Podiatric Surgery: $750,000 Recovery during trial
A 38 year-old janitor visited a podiatrist in Lodi California for painful calluses on the bottoms of her feet. The podiatrist performed multiple surgeries to the toes on both of her feet but performed unnecessary surgery on her. Mark Fong sued the podiatrist for negligence, misrepresentation, fraud, emotional distress and assault and battery. During cross-examination at trial, the podiatrist admitted he told three falsehoods in the medical records regarding the client’s medical condition. The Defendant settled for $750,000 the day before closing arguments at trial. Mark Fong represented Plaintiff.
Medical Malpractice – Altered Medical Records – $600,000 Recovery
Our client had been seeing the Defendant optometrist in Stockton California for 10 years for her eye care. During that time he fitted her for glasses and performed basic screening tests for glaucoma. Eight months after her last visit she was diagnosed with glaucoma which required two separate eye surgeries. After being notified of a lawsuit, the Defendant altered the client’s medical chart to show he had checked her eyes for glaucoma and her eyes were normal. However, the client had obtained a copy of the unaltered medical chart prior to Defendant’s fabrication. Plaintiff sued for medical malpractice, fraud, and intentional spoliation of evidence. Her case settled before trial for $600,000. Mark Fong represented the Plaintiff.
Medical Malpractice – Negligent Injection: $490,000 Recovery
Seth Rosenberg and Mark Fong represented a 35 year old unemployed security guard who went to the Defendant Medical Center in San Bernardino County with complaints of abdominal pain. He was admitted to the intensive care unit after being diagnosed with diabetic ketoacidosis. The doctor administered an anti-nausea drug, Phenergan, through an IV. Immediately after injection, the client suffered a stroke, and a MRI showed he had suffered a brain injury. The client alleged the Phenegran had been erroneously injected into his artery, rather than his vein, causing the stroke. The client sued the County and the Medical Center for medical malpractice. Seth Rosenberg and Mark Fong represented the Plaintiff and obtained a $490,000 settlement for him.
Medical Malpractice – Prescription Drug Overdose: $350,000 Recovery
Mark Fong represented a 70 year-old woman, was given a prescription of the steroid prednisone for arthritis by her doctor in San Francisco. Instead of writing the prescription for 5mg per day as he intended, the doctor wrote the order for 500 mg, a 100 times overdose. The pharmacist did not question the error or contact the doctor. Due to the overdose of the drug, we alleged that our client’s bone density was lowered, which caused her to suffer compression fractures in her spine, ribs, and pelvis and become housebound. Mark Fong represented the Plaintiff and obtained a $350,000 Recovery for her.
Medical Malpractice – Patient Jumps from Ambulance: Defense Verdict
In one of the rare cases in which we represented a defendant in a Personal Injury case, Mark Fong represented the ambulance company against an 18 year-old psychiatric patient who jumped from an ambulance while being transported between hospitals in San Mateo County under psychiatric watch because of his intoxication due to drugs or alcohol. He claimed the EMTs should have kept him from being able to unbuckle himself from his gurney and jumping out. Mark Fong represented the Ambulance Company and the EMTs through trial and they were found not liable for the man’s injuries.