Medical Malpractice

Negligent removal of kneecap during surgery

Medical malpractice settlement against orthopedic surgeon and his practice group for the inappropriate surgical removal of a 50-year-old man’s left kneecap in treatment of multi-compartmental knee arthritis.

Failure to report abnormal CT scan results

Pre-lawsuit settlement for family of a 73-year-old widow who died from metastatic lung cancer after cardiothoracic surgeon failed to inform her of a mass in her lung visible on CT Scan three years earlier.

Severely disabled man asphyxiates in bed rails

Settlement reached for family of 34-year-old man with cerebral palsy who died after accidentally asphyxiating himself between metal railings and the base of his bed after his caretakers left him in his bed awake and unattended for three hours.

Mismanagement of labor results in newborn’s death

Settlement of medical malpractice case for parents of newborn who died several hours after her birth due to the mismanagement of her labor and delivery, resulting in severe anoxic injury.

Failure to diagnose fatal heart attack

Settlement in medical malpractice wrongful death case for family of a 47-year-old man who was improperly discharged from the hospital following failure to diagnose and treat an evolving heart attack, resulting in his death several hours after discharge. This was the second largest medical malpractice settlement reported in Massachusetts in 2017.

Man dies of heart attack after being sent home from health clinic

Substantial recovery for family of man in his fifties who was sent home from a walk-in clinic and died shortly thereafter from cardiac arrest.

Emergency room negligence

A physician’s failure to perform emergency CT scan to diagnose spinal cord compression resulted in paraplegia for patient at Boston hospital. The medical malpractice lawsuit settled before trial.

Improperly positioning patient during surgery

Gynecological malpractice verdict against OB/GYN for negligence in improperly positioning patient during surgery resulting in neuropathy, and injury to her ureter. The verdict is the largest ever recorded in the District Courts of Massachusetts.

Failure to diagnose hyperbilirubinemia in newborn

Settlement for bilateral hearing loss in newborn where lab test showed elevated levels, but lab and physicians failed to act.

Medical malpractice – Negligent intubation of patient

Wrongful death settlement following the death of 54-year-old intensive care patient when the medical providers at a Boston-area hospital failed to properly intubate the patient.

Birth injury – Failure to diagnose fetal distress

Settlement from OB/GYN doctor in medical malpractice case for brain-injured child. The lawsuit alleges that the doctor failed to timely perform a C-section at a Boston hospital even after it became clear that the baby was in distress. The child suffered lifelong personal injuries as a result of the doctor’s delay.

Patient dies from pulmonary emboli following cancer surgery

Settlement for family of man who died after undergoing major abdominal surgery for appendiceal cancer. Post-operatively, the surgeon ordered Venodyne boots be applied to the patient’s lower extremities in order to mitigate the risk of the patient developing pulmonary emboli. A nurse caring for the patient, however, failed to apply the boots during a 12 hour shift. Soon after, the patient collapsed and died from bilateral pulmonary emboli.

Hospice company overmedicates patient for 5 years

A week before trial was scheduled to begin, SUGARMAN principals David McCormack and Benjamin Zimmermann reached a significant settlement for their client and her husband in a case involving negligent hospice care over the course of many years. SUGARMAN’s client was an at-home hospice patient of the defendants for over 5 years and had been prescribed excessive and increasing amounts of narcotic pain medications to the point where she was unable to perform basic tasks. After not receiving answers to their concerns about the client’s deteriorating condition, her family brought her to a local hospital, where medical providers immediately began weaning her off all the medications. The client’s condition improved almost immediately. Through discovery and motion practice, SUGARMAN uncovered the hospice company’s employee bonus program which incentivized employees to keep patients in hospice care and to avoid patients from being seen at hospitals or by outside providers. During the case, SUGARMAN also defeated the defendants’ motion seeking to dismiss the case on various legal grounds — a Superior Court judge found that all of the client’s claims were legally and factually supported. The settlement was the second largest personal injury settlement reported in Massachusetts for 2021.

Pharmacy dispenses wrong medication

Pre-trial settlement for man who developed severe Levaquin-induced tendonitis with resulting complications after his local pharmacy dispensed Levaquin to him instead of a sleep aid. The error went undetected for two months.

Colorectal cancer goes undetected

Settlement for family of man who died from colorectal cancer as a result of his primary care physician’s failure to perform a sigmoidoscopy, colonoscopy or any of the accepted methods for screening and detecting colorectal cancer. By the time the patient’s colorectal cancer was diagnosed, it had metastasized to his liver and lungs.

Failure to diagnose acute coronary episode

Settlement against a primary care physician following the death of a father of two children who died from myocardial infarction as a result of the defendant’s failure to appreciate the severity and cause of the patient’s complaints and failure to properly interpret the patient’s EKG readings.

Medical malpractice – Doctor’s failure to diagnose heart attack

Settlement of wrongful death lawsuit against a primary care physician following the death of a father of two children who suffered a heart attack. The defendant doctor failed to appreciate the severity and cause of the patient’s complaints and failed to properly interpret the patient’s EKG readings.

Kidney damage from over-prescription of NSAIDS

Settlement of medical malpractice case on behalf of 70-year-old patient who was over-prescribed NSAIDS (Indomethacin) by physician and nurse practitioner in Quincy, MA, to treat gout for more than two years. The medication caused irreversible kidney failure, forcing the patient into dialysis for several years.

Negligent lumbar disc surgery

Settlement for 48-year-old patient when spinal surgeon damaged a nerve root during surgery. The patient sustained lifelong personal injuries as a result.

Verdict in labor and delivery medical malpractice case

Following a two-week trial in Suffolk County Superior Court in Boston, SUGARMAN Principals Benjamin Zimmermann and David McCormack obtained a $30.55 million jury verdict on behalf of a child who suffered permanent and catastrophic brain injuries during his mother’s labor and delivery at a Boston hospital. The jury agreed that the nurse responsible for monitoring the baby’s heart rate and well-being during labor had failed to ensure that the baby was responding appropriately and that the nurse’s failure to comply with the standard of care resulted in the baby’s severe oxygen deprivation going undetected. The jury awarded damages for both the young boy and his parents.

Failure to diagnose lung cancer

Settlement against physicians who failed to follow up on x-ray report of mass in lung in 76-year-old patient who subsequently died from lung cancer.

Failure to diagnose and treat coronary artery disease

Settlement against primary care physician for family of patient with multiple high risk factors who died from myocardial infarction.

Jury verdict for Massachusetts woman injured on operating table

An Essex County jury sitting in Newburyport rendered a verdict in favor of a 42-year-old woman who suffered significant neck injuries at a hospital in Lynn, MA, after being positioned on an operating room table for routine surgery. After she was anesthetized and medically paralyzed, her unsecured head fell off the table resulting in permanent nerve damage to her neck.

Wrongful death – Complications of colonoscopy

Settlement of medical malpractice lawsuit for widow and family of middle-aged man who became brain damaged and ultimately died as a result of a ruptured spleen suffered during a colonoscopy. While the complication is rare, it is known to occur. The medical negligence case/wrongful death case was brought for failure to recognize signs of splenic rupture and bleeding in the hours following the procedure.

Obstetrical malpractice for failure to perform emergency C-Section

Settlement against doctors who failed to perform a C-section in time, leading to oxygen deprivation and Cerebral Palsy in infant.