Significant Cases

The following are examples of injury cases our Colorado medical malpractice lawyers or injury lawyers have been involved in recently. They include medical malpractice injury, birth injury, motorcycle accident injury, brain damage, hospital negligence, property liability, contamination, and the Columbine shootings. These are just examples of cases our attorneys have handled. In addition to these, we have handled many injuries arising out of automobile accidents, product liability accidents and other types of accidents and injuries throughout Colorado.

Medical Malpractice

A medical malpractice case against Kaiser Permanente for an injury incurred due to negligent patient care in the emergency room. The case was tried by our Colorado medical malpractice lawyers. The patient presented with a urinary stone, and she ultimately lost part of her leg and the other foot. The matter went to arbitration and the recovery was approximately $3,000,000. This case was handled by handled Susan Kudla and Dan Sloane.

$4.9 million verdict against hospital obtained by one of our medical malpractice lawyers, Susan Kudla. A caustic acid was negligently injected into the patient’s vein during a nerve block procedure. In addition, he was negligently monitored while being sedated resulting in brain damage. The anesthesiologist who injected the acid settled before trial. The anesthesiologist who negligently left the acid on the anesthesiologist cart settled after an appeal. This case was the subject of a two part series by Paula Woodward of Channel 9 in Denver.

Misdiagnosis case against a medical laboratory. The laboratory mistakenly diagnosed a client with prostate cancer. As a result of the misdiagnosis, the client, a 62 year old male, underwent a surgical procedure which rendered him impotent and partially incontinent. The case was tried by a jury and a verdict of $1.8 million was returned in favor of the plaintiff. The plaintiff was represented by Neil Hillyard, one of our Colorado medical malpractice lawyers.

Medical malpractice case against a Colorado Springs podiatrist and orthopedic surgeon. This case was pursued by Neil Hillyard, one of our Colorado medical malpractice lawyers, who obtained a jury verdict. The doctor removed bone for a graft from the patient's tibia rather than her hip. The patient's leg developed a stress fracture where the bone was removed. The jury found for the patient and against the defendants, finding the podiatrist and orthopedic surgeon were each 50% at fault.

Malpractice case for birth injury. This case involved a claim against an obstetrician, who did not deliver our client's baby in a timely and appropriate manner, and the hospital. The birth resulted in a brain injury to the baby. This case was settled for a confidential amount. The clients were represented by Neil Hillyard, one of the key Hillyard, Wahlberg, Kudla & Sloane, LLP medical malpractice lawyers. (Additional Colorado medical malpractice lawyers at our firm have also represented a number of clients in this type of case.) See Birth Injuries...

Medical malpractice settlement with a doctor and hospital for brain injury. The hospital and doctor displayed negligence in the administration of narcotic (dilaudid), resulting in severe brain injury to their adult male patient. At the insistence of the hospital and doctor, their identities cannot be disclosed nor can we disclose the terms of the settlement.

Settlement with HMO and physicians for negligent treatment with an aminogycocide Tobromycin. This is a potentially toxic antibiotic. In this case, it resulted in damage to the patient’s vestibular system, causing problems with equilibrium, vision, hearing, and similar symptoms. The patient was formerly a nurse and could no longer work as a result of the injury. At the insistence of the HMO and physicians, the terms of the settlement cannot be disclosed. To learn more about vestibular injury visit www.wobblers.com.

Malpractice case against anesthesiologist. This was a wrongful death case wherein our office represented the family of a woman who died on the operating room table. She was there to have a breast biopsy. The anesthesiologist allegedly improperly administered the intubation tube. This case resulted in a substantial settlement but the amount cannot be revealed due to a confidentiality agreement between the physician and our medical malpractice lawyers at the insistence of the doctor's insurance company. This settlement occurred in the summer of 1999. The family was represented by Neil Hillyard.

Widow recovers for doctor's failure to diagnose heart attack. This case involved a failure of a Colorado physician to diagnose that a patient was suffering a heart attack as opposed to indigestion. Our medical malpractice lawyers settled this case for the client for an amount which cannot be revealed due to the insistence of the defendant and his insurance company. The client was represented by Neil Hillyard.

Malpractice case against Colorado Springs plastic surgeon. This case involved a surgeon who recommended breast surgery and who performed such surgery upon our client. The surgery was unsuccessful. This matter went to arbitration and there was a recovery of approximately $375,000. The client was represented by Neil Hillyard. The arbitration took place in September, 1999.

Malpractice case against hospital for alleged negligent administration of antibiotics and monitoring of blood levels of the antibiotic, resulting in severe hearing loss to adolescent. The case settled before trial for a confidential amount by our medical malpractice lawyers.

Malpractice case against a pathologist for failure to detect cancer on a pathology slide from a biopsy resulting in progression of a man's cancer. Settled for a confidential amount before trial.

Settlement of claim against two doctors in Colorado Springs for teenager/encephalitis. As in all medical malpractice cases the defendant doctors in this case insisted upon a confidentiality agreement regarding the settlement of the claim. This is always insisted upon by the doctor, hospital, nurse, or other healthcare provider. The identity of the doctors cannot be revealed nor can the amount of the settlement. Our client suffered a brain injury from encephalitis that two separate doctors failed to diagnose and treat. Depositions were taken and nationally prominent experts were located to testify against the negligent doctors. Settlement was accomplished without the necessity of going through a trial.

Settlement against a hospital and doctor along the Western Slope. As with other medical malpractice cases, the defendant hospital and doctor/surgeon insisted upon a confidentiality agreement regarding their identity and the terms of the settlement. This, unfortunately, is universally demanded in medical malpractice settlements so the public won't be able to learn about it. Consequently, the information that can be provided is limited. Our client was a patient in a Western Slope hospital emergency room. He provided information to a nurse about a device which had previously been implanted within him for a urological problem. This information was in the form of a card he was to carry and provide to anyone doing any care in this area of his body. Neither the card nor the information were transferred into his chart, and surgery was performed upon him, damaging the device. Settlement with the surgeon and the hospital was accomplished without going through a trial.

Birth Injuries

Medical malpractice claim against midwife and doctor. This case was handled by Neil Hillyard and Susan Kudla, two experienced Denver birth injury lawyers from our firm. The baby suffered brain injury because of negligence during the prenatal period. The midwife and obstetrician settled with parents and child. Amount of settlement cannot be disclosed by our birth injury lawyer due to the insistence of the insurance company for the midwife and doctor.

Medical malpractice of midwife during labor leading to brain damage. Two experienced Denver birth injury lawyers from our firm, Neil Hillyard and Susan Kudla, handled this case. The baby suffered fetal distress before cesarean section delivery, leading to hypoxic brain injury. The labor was prolonged and the fetal heart monitor showed evidence that the baby was in distress. The baby was not delivered in a timely manner, resulting in the brain injury. The settlement amount cannot be disclosed due to the insistence of the insurance company. Confidentiality of settlement terms is always demanded by insurance companies, disallowing the birth injury lawyer from our firm to disclose settlement amounts.

Birth injury resulting in severe brain injury to baby. Neil Hillyard and Susan Kudla reached a settlement with the hospital for the negligence of the labor and delivery nurse. This case involved the same injury as settlement #2 but was a separate settlement. Once again, at the insistence of the hospital, the terms of the settlement cannot be disclosed.

Million dollar medical malpractice settlement against home healthcare agency for negligence of nurse. This was the total of insurance available to the agency. Neil Hillyard was the attorney. The negligence resulted in the death of the patient. The nurse allowed air to get into a central venous catheter resulting in the air going to the patient’s heart.

Settlement of medical malpractice claim against obstetrician for negligence resulting in severe brain injury to baby. The obstetrician was notified of a problem during labor by a certified nurse midwife. He failed to see the patient even though he was just outside the patient’s door. He had agreed to be the midwife’s supervisor prior to this. This case was just concluded and the amount of the settlement can be disclosed upon request. The case was handled by Neil Hillyard and Susan Kudla.

The above-described cases are a few of the cases in which our firm has been involved on behalf of the victim of medical malpractice or psychological or social work malpractice. We will be happy to provide examples of other cases in numerous areas of medicine, psychology, social work, pharmacy, etc. upon request.

Automobile Accidents

$1,500,000 settlement (policy limits from an auto policy, homeowners' policy and umbrella coverage): Mr. Wahlberg represented one of five passengers involved in a rollover collision. The driver of the vehicle had been drinking though it was debatable whether the driver was legally intoxicated. One of the passengers was killed and the other passengers sustained significant orthopedic and internal injuries.

$250,000 settlement (policy limits): Steve Wahlberg represented a passenger in a head-on collision. The passenger sustained a fractured pelvis and internal injuries to her spleen and liver. This case arose under Colorado’s old no-fault statute and all of his client’s medical bills were paid.

$100,000 settlement (policy limits): Steve Wahlberg represented an individual involved in a relatively low speed collision. However, Mr. Wahlberg's client struck his head on the driver side window of his car. Although he did not lose consciousness at the scene, Mr. Wahlberg successfully argued that his client sustained a mild traumatic brain injury that resulted in the loss of his job. All of Mr. Wahlberg's client's medical bills were paid pursuant to Colorado's old no-fault statute.

$100,000 settlement (policy limits from an auto accident resulting in wrongful death): Mr. Wahlberg's client was a passenger in a vehicle traveling on Highway 285 when the defendant took the right-of-way causing a head-on collision. Mr. Wahlberg was able to successfully argue that there was no comparative negligence on behalf of the driver of his client's vehicle or the state for a dangerous condition.

Motorcycle Accidents

Motorcycle accident leading to brain injury of a passenger. An automobile turned in front of motorcycle at an intersection and the passenger was thrown from the motorcycle. She was not wearing a helmet. She required two surgeries and was a patient at Spalding Rehabilitation for a number of months. Fortunately, she has made a wonderful recovery. This case was settled with the insurance company for the automobile driver for approximately $1,500,000.

Property Liability

Client recovers against apartment complex for injuries from pot hole in parking lot. This case involved our client who was running across an apartment complex parking lot. The sprinkler system had sprayed water on the lot covering a pot hole. The apartment complex settled with our client for $1,000,000. The client was represented by Neil Hillyard.

Homeowner's insurance company settles for injuries to child passerby. This case involved injuries to our client, a young girl, incurred while riding in a school bus. As the bus passed the defendant's home, the defendant's son shot a projectile with a slingshot in the direction of the bus. The projectile put out the eye of our client. The matter went to trial in Douglas County and a verdict in excess of $1,000,000 was obtained. The homeowner's insurance company paid. The young man who shot the projectile was under the joint custody of his divorced father and mother. We were able to force additional payment to our client from the joint custodian's mother's homeowner insurance, even though she lived elsewhere. The client was represented by Neil Hillyard.

Products Liability

Neil Hillyard recently settled a claim against Smith and Nephew, Inc. (formerly Oratec, Inc) for negligently failing to warn surgeons of an identified group of patients at high risk of nerve injury from the use of a device manufactured by the company. The device was called the Oratec electrothermal arthroscopy system. The device caused destruction of the client's shoulder joint. The terms of the settlement cannot be revealed due to the insistence of Smith and Nephew, Inc. The patient suffered a laxity of her shoulder from a fall. The surgeon utilized the device to heat the shoulder capsule to shrink the tissue to make the joint tighter. The procedure was called a thermal capsulorrhaphy. The extreme heat necessary to shrink the tissue went through the tissue and injured her axillary nerve. Her cartilage in her shoulder was also destroyed requiring two artificial joints and a life of chronic pain. Oratec knew of a patient profile of patients at high risk for the nerve injury and concealed the information from surgeons using the product.

$250,000 settlement (policy limits): Steve Wahlberg represented a passenger in a head-on collision. The passenger sustained a fractured pelvis and internal injuries to her spleen and liver. This case arose under Colorado’s old no-fault statute and all of his client’s medical bills were paid.

Contamination

In a case involving gasoline contamination to the homes of 171 men, women and children in Northglenn, Colorado, Chevron Oil Company was found responsible. Chevron was ordered to relocate the affected families into temporary housing and to provide food and sustenance for them. The court subsequently addressed the issue of damages and the claims were resolved in amounts protected by a confidentiality agreement. The case was handled by Neil Hillyard.

Our law firm represented Writer Corporation in a suit against Texaco as a result of gasoline contamination at Writer's Riverfront Shopping Center site in Littleton, Colorado. The case was tried by a jury in Arapahoe County, and the plaintiff received a verdict of approximately $1 million. The case was appealed and the verdict was confirmed on appeal.

In Fort Collins, Colorado, 20 families whose homes had been contaminated by gasoline from Diamond Shamrock retained our lawyers to represent them. After 10 days of trial on the liability phase of the case, the claims of the plaintiffs were settled for an amount protected by confidentiality agreement with Diamond Shamrock.

Injuries

Uninsured/underinsured motorist claim for severe injuries from a collision between two pick-up trucks, one hauling a trailer loaded with sand and gravel. Settled prior to Arbitration for a substantial sum, near the policy limits of $1,000,000.

$4.65 million jury verdict. Steve Wahlberg served as trial consultant for the plaintiff before and during this trial. The plaintiff, who was wheelchair-bound from MS, called for a taxi. The driver lost control of her wheelchair while bringing her from her front door to the taxi causing her to fall from the chair. The plaintiff suffered a brain injury requiring two surgeries.

If you or a loved one has been a victim of medical malpractice or birth injury, please call 800-630-2366 or contact us online to talk with one of our Colorado medical malpractice lawyers or a birth injury lawyer at our Denver-area firm today!