Kominiarek
Bresler Harvick & Gudmundson
Favorable Settlements
Sometimes
the best result when tackling a particularly challenging
legal case is a settlement that mitigates risk, avoids
a trial and reduces your organization’s future
liability. In order to make that happen, your legal
team has to have significant communication and negotiating
skills, as well as specialized knowledge in your industry.
Our firm has negotiated many favorable settlements…here
is a small sampling.
Date:
July-August 2009
Client: General Surgeon
Trial Attorney: Martin B. Bresler / Thomas M.
Harvick / Laura J. Young
Result: $731,563 ($108,257
medical expenses; $23,306 LT; $125,000 pain & suffering;
$400,000 past and future loss of normal life; $75,000
disfigurement); Hospital settled out midway through
trial for $150,000; Net verdict $581,563
Synopsis:
Plaintiff underwent a laparoscopic cholecystectomy at
Hospital in Chicago on Feb. 23, 2004. During the surgery,
her common bile duct and right hepatic artery were damaged,
requiring the surgery to be converted to an open procedure
to remove the gallbladder and attempt to stop the bile
leakage. Plaintiff continued to suffer from bile leakage
following the surgery, resulting in a Roux-en-Y anastomosis
surgery with a larger surgical incision in April 2004.
She developed neuromas along the surgical site and also
developed abdominal wall pain syndrome which was not
properly treated until 2008. The defense contended common
bile duct injury is a known risk of the procedure, this
risk was disclosed to the plaintiff before the surgery,
and the bile duct injury was detected during the surgery
and immediately repaired. The defense disputed the injury
to the right hepatic artery, although the surgeon who
performed the subsequent Roux-en-Y testified he found
a surgical clip on the hepatic artery which appeared
to be an unintentional and unexpected placement during
the initial surgery. Plaintiff's last pretrial demand
was $1,400,000.
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Date:
April 2007
Client: Orthopedic Surgeon
Trial Attorney: Michael C. Kominiarek / Sherry
A. Mundorff
Result: Not guilty for
Codefendants. Verdict of $500,000 against Defendant.
The trial court subsequently granted Defendant’s
motion for a new trial and vacated the verdict against
Defendant.
Synopsis:
Patient was morbidly obese 38 year old male admitted
to the hospital because of severe back pain developed
while lifting boxes at work. He was hospitalized from
November 3 to November 11, 2001, during which time he
was treated with pelvic traction and physical therapy.
Because of his morbid obesity and immobility, Plaintiff
alleged that he should have been provided with DVT prophylaxis.
On November 17, 2001, while at home, he developed a
fatal pulmonary embolus. He was survived by his wife,
two adult children and one minor child.
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Date:
March 2006
Client: Gynecological Surgeon
Trial Attorney: Randall J. Gudmundson
Result: Verdict for Plaintiff
– $342,251
Synopsis:
Plaintiff alleged the ureter was ligated during a TAH-BSO
which caused post operative complications including
neocystectomy, neocystostomy and multiple urological
procedures to save kidney function. Defendant Gynecological
Surgeon contended that ureter was not ligated, that
scar tissue caused obstruction and that obstruction
was recognized post op day three. Plaintiff asked for
$900,000.
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Date:
February 2005
Client: General Surgeon
Trial Attorney: Martin B. Bresler
Result: Verdict General
Surgeon on negligence
Synopsis:
Defendant General Surgeon performed wire guided localization
for breast mass. Needle broke and lodged in mediastinum
which required thoracotomy for removal. Defense contended
compliance with standard of care and that he was not
responsible for equipment failure. Jury found in favor
of Defendant General Surgeon on negligence count, finding
that he complied with the standards of care applicable
to him, but also found in favor of Plaintiff on res
ipsa loquitur count. Verdict compromised for less than
special damages.
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Date:
May 2003
Client: Anesthesiologist/Pain
Management
Trial Attorney: Martin B. Bresler / Lisa M. Green
Result: Verdict for Plaintiff
– No payment
Synopsis:
Verdict against Defendant Anesthesiologist with assessment
of damages resulted in no payment from Defendant Anesthesiologist
physician since earlier settlement by other parties
was in excess of amount of verdict and subject to set
off. No reporting made to National Practitioner’s
Data Bank.
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