Recent Verdicts and Successes

Greene & Eisen is proud of its many victories in the fight to obtain maximum compensation for individuals seriously injured by the negligence of others. Some examples of those victories are described below:

Partner Brian Eisen interviewed on local ABC affiliate, NewsChannel 5, regarding surgical items mistakenly left inside the body after surgery

Greene & Eisen Co. LPA Obtains $3.75 Million Verdict in Medical Malpractice Trial

CLEVELAND, OHIO – February 27, 2007 – Greene & Eisen Co. LPA clients, Mr. and Mrs. John Hutchins of Clyde, received a $3.75 million judgment in Lucas County Common Pleas Court, in a medical malpractice lawsuit against a Toledo urologist and his practice group.

The Court took the unusual step of opening on President’s Day, just so the jury could complete its deliberations. The jury reached its verdict by mid-afternoon, awarding Phyllis Hutchins $3.5 million for injuries she suffered in 2002, and awarding John Hutchins $250,000 for his loss of consortium.

The litigation stemmed from injuries Mrs. Hutchins suffered during surgery at Toledo Hospital. Defendant Michael G. Rashid, M.D., of Genito-Urinary Surgeons, Inc., attempted to remove Mrs. Hutchins’ kidney following a successful procedure performed by another surgeon to repair an abdominal aortic aneurysm. Greene & Eisen partner, Brian Eisen, said removal of the kidney was unnecessary, and that poor surgical technique and a refusal by Dr. Rashid to seek the help of a more experienced surgeon caused massive blood loss. All told, Mrs. Hutchins lost 18 liters of blood, more than 4 times her entire blood volume. As a result, Mrs. Hutchins is now legally blind in both eyes. In addition, Dr. Rashid’s negligence led to the removal of Mrs. Hutchins’ spleen and half of her colon.

Since 1976, Greene & Eisen, Co., L.P.A., has focused on providing zealous representation to people who have suffered catastrophic injury or illness due to medical negligence.

Davis v. Wal-Mart (Wrongful Death and Spoliation of Evidence)

After obtaining a jury verdict of $2 million against Sam’s Club, a Wal-Mart subsidiary, for the wrongful death of a dockworker, Greene & Eisen filed suit against Wal-Mart for “spoliation of evidence” for withholding critical evidence prior to trial. The case eventually came before the Ohio Supreme Court, where Greene & Eisen attorneys insisted that Wal-Mart should be punished for concealing evidence – even though Wal-Mart lost the trial. Greene & Eisen attorneys argued that the rule in Ohio should be “cheaters never prosper,” even if their cheating doesn’t result in courtroom victory! After Greene & Eisen won in the Ohio Supreme Court, the case was resolved.

Morse v. Azem, et al. (Delay in Diagnosis of Lung Cancer; Wrongful Death)

For over two years, Mrs. Morse complained to her family practice physician of a cough. She was repeatedly advised she had “bronchitis” and was given prescriptions for antibiotics. Although she was a heavy smoker, her doctor never suggested a chest x-ray. Finally, a car accident led to an MRI and a chest x-ray. Mrs. Morse was diagnosed with Stage IV non-small cell carcinoma and eventually succumbed to the cancer. Greene & Eisen obtained a $3.15 million jury verdict against one doctor on behalf of Mrs. Morse’s family and a separate, confidential settlement from another defendant.

Sawyer v. Reed, et al. (Death following Coronary Angioplasty)

Mrs. Sawyer underwent coronary angioplasty at a Cleveland hospital in early 2001. After the procedure, Mrs. Sawyer complained of excruciating chest pain. Almost an hour passed before Mrs. Sawyer’s cardiologist arrived to evaluate her. Minutes later, Mrs. Sawyer died from a perforation in her coronary artery. Greene & Eisen obtained a $1.75 million jury verdict against the cardiologist of behalf of Mrs. Sawyer’s family and a separate, confidential settlement with the hospital for the role its nurses played in the delayed post-procedure evaluation.

Willie D. v. ABC Hospital (Injury During Cardio-Thoracic Surgery)

Following a car accident, Willie D. was rushed to a Cleveland-area hospital, where he was operated on by a physician employed by ABC Hospital. During surgery to repair Willie D’s thoracic aorta (the main blood vessel carrying oxygen-rich blood from the heart to the rest of the body), a surgical trainee improperly inserted a catheter through the aorta. Willie D. lost the use of both arms. After a lengthy trial, a confidential settlement was reached during jury deliberations.

Baby Doe v. ABC Hospital (Birth Asphyxia Leading to Cerebral Palsy)

Baby Doe was born after an apparently uncomplicated, full-term pregnancy. She was not breathing at birth and began to experience seizures within hours. Greene & Eisen was able to establish that her injuries -- which included severe cerebral palsy -- were caused by birth asphyxia and failure to perform a Cesarean section. A confidential settlement was reached with ABC Hospital.

Evelyn P. v. A Dialysis Center and A Water Filtration Company (Death Following Dialysis)

Evelyn P. was a 60-year-old woman with one adult child who died a few weeks after receiving dialysis at a dialysis center. Greene & Eisen was able to prove that the water used for dialysis was contaminated with bacteria and endotoxins that caused her death. A confidential settlement was reached with the various defendants and the entire water filtration system was re-designed in order to reduce the risk of future contamination.

Doug G. v. ABC Hospital and Various Physicians (Failure to Diagnose Pulmonary Embolism; Death)

Doug G. was a 31-year-old husband and father who died of a pulmonary embolism approximately one week after back surgery. Following his surgery, Doug experienced transient symptoms that should have alerted his doctors and nurses to the possibility that he had developed deep venous thrombosis, which leads to pulmonary embolism. Doug’s various doctors and nurses failed to communicate with each other. As a result, no one took control, and he died unnecessarily. Greene & Eisen was able to put together all of the pieces of the diagnostic puzzle and show that the doctors and nurses should have prevented his death. A confidential settlement was reached with various defendants.

Thelma L. v. ABC Hospital and Various Physicians (Delay in Stroke Diagnosis; Quadriplegia)

Thelma L. was evaluated by a nurse practitioner at the office of her family doctor. She complained of numbness in one arm and actually fainted in the office. The nurse practitioner sent her home with a change in her blood pressure medication. Hours later, Thelma had a devastating stroke. The problem was compounded by the fact that she was taken to a Cleveland-area hospital, where no neurologist was available for 19 hours. She was left a quadriplegic and unable to speak. Greene & Eisen was able to show that had Thelma been timely treated with clot-busting medications, she would have recovered fully. A confidential settlement was reached with various medical providers.

Raymond H. v. Sandusky-Area Hospital (Death Following Failed Treatment for Heart Attack)

Ray H. was 67 years old when he presented to the emergency department at a hospital near his home. He had complaints of chest pain and was diagnosed with an acute myocardial infarction (heart attack), given a powerful drug to dissolve clots in his coronary arteries. His condition deteriorated over the next day or so, while the I.C.U. largely ignored his complaints. By the time his caregivers recognized that the clot-busters had failed, it was too late, and Ray H. died. A confidential settlement was reached with a physician and the hospital.

J.C. v. ABC Hospital (Amputation of Child’s Fingers Following Placement of Catheter)

J.C. was a five-year-old child who was admitted to ABC Hospital for abdominal surgery. Following surgery, an arterial catheter was placed in his axillary artery in order to obtain frequent blood draws. That catheter eventually caused blood clots, which traveled to J.C.’s fingers. J.C.’s mom noticed that his fingers were changing colors. The hospital discounted her observation. J.C. ultimately had to have all of his fingers on one hand amputated. A confidential settlement was reached with the physician who placed the catheter and the hospital.

S.K. v. ABC Hospital (Failure to Diagnose Rare Cardiac Condition; Death)

S.K. began to sweat and have chest pain on the first day of his job in the legal department of ABC Hospital. He was taken to the emergency department. No tests were done on S.K., and he was sent home. Greene & Eisen contended that no cardiac tests were done because of S.K.’s young age (he was in his twenties). Hospital witnesses claimed that S.K. refused an EKG. Greene & Eisen was able to demonstrate that the witnesses’ testimony was unreliable, and a confidential settlement was reached.

Bill L. v. ABC Hospital (Failure to Prevent and Diagnose Pulmonary Embolism; Death)

Bill L. was a classic set up for the development of deep venous thrombosis (“DVT”) and pulmonary embolism (“PE”). He was overweight, had just had back surgery at ABC Hospital, and was relatively immobile. Although measures were ordered to prevent DVT, those measures were not implemented properly and symptoms of both DVT and PE were missed by hospital nurses. Bill died of a massive PE. A confidential settlement was reached with the hospital shortly after the lawsuit was filed.

Mike Y. v. ABC Hospital (Failure to Prevent Pulmonary Embolism; Death)

Following Mike Y.’s back surgery, certain orders were given to prevent deep venous thrombosis (“DVT”) and pulmonary embolism (“PE”). Although the medical records suggested that the orders were followed, Greene & Eisen was able to find a flaw in the communication system between the medical floor nurses and the rehabilitation floor nurses that resulted in the key orders not being carried out. Had there not been such a flaw, Mike Y. would not have developed DVT or PE and would not have died. A confidential settlement was reached with the hospital.