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Medical Malpractice

Medical Malpractice – failure to diagnose newborn injury

A confidential settlement was achieved during trial against two pediatricians , arising from an injured newborn. The pediatricians failed to diagnose swelling of the baby’s neck that occurred shortly after the baby’s birth. A tracheal shift occurred because of the undiagnosed hemangio-endothelioma. This resulted in blood flowing to the neck lesion, cutting off blood to the brain. Irreparable brain injury resulted, and the child now requires full-time medical care 24/7.

Hospital Negligence/Medical Malpractice – failure to patch Dural leak.

A confidential settlement was reached against the U.S. government after a mother was prematurely released from the hospital. A young mother was at the Bethesda Naval Medical Center, where she gave birth to her second child. Multiple epidural attempts during the labor and delivery process resulted in a dural leak. Physicians failed to administer a blood patch to the patient. At the time of discharge, she was suffering unrelenting headaches; three days later, seizures and a stroke occurred. The young mother now has permanent disabilities.

Hospital Negligence/Medical Malpractice – sterility of teenage girl.

Due to medical negligence, a teenage girl had her ovaries unnecessarily removed, rendering her sterile. Prior to contacting the Abelson Law Firm, neither the girl nor her family knew of her sterility. After our firm took the case, the chief operating officer of the hospital eventually admitted error and apologized to the family. The teenage girl now has the proper hormone therapy that she needs and she received a structured settlement that will provide for ongoing payment of medical care costs throughout her life. Settlement money is available for fertilization options.

Hospital Negligence – Physician and Hospital’s Duty to the Driving Public

A cancer patient at a hospital was improperly released despite having received large doses of pain relievers. While driving home, the patient lost consciousness and lost control of the vehicle, causing a head-on collision into our client’s car. Our client suffered severe injury as a result, including traumatic brain damage. This case sets a precedent whereby it was decided by the Court that a hospital owes a duty not only to its own patient, but to the driving public as well. The attorneys at the Abelson Law Firm worked for many years on the case to obtain compensation necessary to provide our client with a more comfortable life, and a lifetime of medical care and personal attendants.

This case established a new federal court precedent when the court ruled that health care providers owe not just a duty to their patients, but, under certain circumstances, also to members of the public.

Medical Malpractice/Inadequate Supervision for Resident Surgeon

A spinal surgery was performed on a 35-year-old engineer by a resident of a hospital who was not supervised. The engineer had not given informed consent. The resident cut into the engineer’s spinal canal, severing 18 spinal nerve roots. As a result of the unsupervised surgery, the engineer is no longer able to control his bowels or bladder, and he has lost all sexual functions. Our attorneys represented the engineer, and the case settled shortly before trial began.

Motor Vehicle Collisions

Truck Accident/Wrongful Death

An 18-wheeler was improperly loaded, and evidence indicated that the truck driver was driving too fast for road conditions. The truck turned over on the highway onto a car containing a husband, wife and son. The wife and son survived the accident, but the husband was killed instantly. An out-of-court seven figure settlement was reached to compensate mother and child for the loss of their husband and father.

Negligent State Inspection Station Leads to Dump Truck Tragic Collision

A state inspection certificate was improperly issued to a dump truck, failing to find that the truck’s air brakes were defective. The dump truck weighed 50,000 pounds. Its brakes malfunctioned and the truck hit a young doctor, causing catastrophic injury. The victim of the dump truck accident received a structured settlement which will pay for a lifetime of medical care needs and which will provide financial support for his family.

Police Officer Severely Injured when Hit by Public Transit Bus

A Washington DC police officer suffered a shattering injury to both hips while he was investigating a crime. The officer’s patrol car was stuck head on by a Metropolitan Transit Bus which had jumped the median strip. A jury returned a large verdict in favor of the police officer.

Wrongful Death of Twin Girls – Negligent Failure of Rental Car Company to Inspect the Tires of its Vehicle.

A rental car company negligently failed to perform adequate maintenance on its vehicles. As a result, the vehicle had a defective tire. The tire blew out, and twin sisters were killed in the resulting crash. A large seven figure settlement was reached to compensate the widowers, children and parents of the twin sisters who were killed.

Highway Construction – Limited Sight Visibility – Traumatic Brain Injury

A college student was involved in a terrible accident after a construction crew made visibility impossible at an intersection. A catastrophic accident was foreseeable given the blocked sight-line visibility. A jury awarded compensation to the college student who had suffered a traumatic brain injury.

Scaffolding/Exterior Building Maintenance

Building Owner Liable to Window Washer

A window washer was attempting to step off a high-rise building. Unfortunately, while there were roof anchors on the building designed for a two-point suspended scaffolding system, the building owner used a sky genie (a descent control device) in an attempt to save money. With the design of the building and the use of the sky genie, the window washer was not able to check that his safety equipment worked properly until after he had already descended the building. The worker fell 9 stories and, while he survived, he suffered permanent neurological and orthopedic injuries. The jury awarded the window washer a seven figure verdict against the building owner.

Building Owner Liable to Window Washer

A window washer fell six stories when the building’s window safety hooks broke. The hooks had been provided by the owner of the building.  The jury found against the owner and in favor of the window washer and awarded a large seven figure verdict, as he had suffered permanent neurological and orthopedic injuries in the fall.

Building Owner and Wire Clip Manufacturer Liable to Window Washers

Window washers working on a suspended scaffold fell 12 stories when wire rope clips failed and the scaffolding fell. The wire rope clips were Crosby U-Clips. The Crosby manufacturer intentionally failed to warn that the clips were not efficient if put on backwards. The manufacturer was found by the jury to be liable for injuries, as was the building owner who had failed to provide proper tie off anchors for the scaffolding.

Sexual Molestation in Child Care Facilities

Negligent Hiring/Screening Leads to Sexual Molestation

A young girl at a child care facility was sexually molested by an unsupervised worker on his first day on the job. The child care facility had failed to properly screen the background of the worker. A confidential seven figure settlement was reached in favor of the child.

Failure to Provide a Safe Work Environment on Construction Job Site

Electrocution

A 19-year-old mason was laying bricks on a jobsite with a high-voltage power line that had not been de-energized. A support wire came into contact with the voltage, energizing the scaffolding that the mason was working on, causing him to be instantly electrocuted. The case settled in favor of the boy’s parents.

Electrocution

A 42-year-old truck driver was delivering precast concrete on a jobsite where there were high-voltage power lines. The worker came into contact with the power lines and was killed. His widow sued, and the jury found for the widow because the general contractor had negligently failed to de-energize the high-voltage lines, creating an unsafe workplace.

Products Liability

“Stumpgrinder” Designer Defect

A young man was operating a “stump grinder” when the machine malfunctioned. The machine began jerking back and forth, almost eating the operator alive. The Abelson Law Firm learned during discovery that the machines by this same manufacturer had previously caused numerous amputations. Despite the evidence, the workers were blamed by the manufacturer in each prior incident, and the product had never been recalled or redesigned. In light of overwhelming evidence at trial, and the presence of many amputee victims who had come to testify, the case settled in favor of the young man. The manufacturer took the product off the market following the case.

Forklift Design Defect

A 65-year-old warehouse employee was operating a forklift to transport pallets to a warehouse. When the chains of the forklift became stuck in the air, he went to the front of the lift to try to fix the problem. The forks crashed down on him and amputated several fingers. While in the discovery phase of the case, The Abelson Law Firm discovered that prior amputation injuries had occurred to others under the same or similar circumstances.  The manufacturer was aware that more than a dozen workers had suffered amputations in the past. The forklift had not been fixed despite the prior incidents. The manufacturer settled the case during trial after overwhelming evidence had been presented to the jury.

Chiropractic Neck Manipulations Resulting in Stoke and/or Death

A healthy 39 year old young man visited a chiropractor to deal with his back pain. The chiropractor adjusted his neck. Neck adjustments are inherently dangerous and are often unnecessary as there is no scientific evidence indicating that these types of adjustments have any benefit on health. Because of the adjustment, the young man suffered dissection of his carotid artery. A stroke occurred, and the young man died shortly thereafter. The wrongful death claim was resolved for the widow. These cases are important because the public needs to be aware of the risks of chiropractic manipulation.

Following successful resolution of this case, The Abelson Law Firm has handled multiple Chiropractic Cases in many states across the United States. These cases have all involved chiropractic neck manipulations, resulting in dissections of the carotid artery and/or the vertebral artery, leading to stroke. Two of the carotid artery dissection cases resulted in death to young men who left wives and children.

The medical literature is clear that chiropractic neck manipulations pose a grave risk of stroke and/or death. There appears to be no scientific evidence whatsoever that a chiropractic neck manipulation if of any medical benefit to a patient, and therefore the risk of such a manipulation outweighs its benefit (none).

Insurance Bad Faith

Nationwide Insurance Company failed to settle a case within its insured’s policy limits, despite the fact that its insured was clearly at fault by causing an auto accident. Nationwide forced its insured to go to trial, despite the insured’s obvious fault in causing the collision. The insured ended up with a jury verdict against her that exceeded her policy limits with Nationwide.  The insured then became responsible for paying the excess verdict and was forced into bankruptcy and lost her family home.

The insured contacted the Abelson Law Firm. We sued Nationwide for “bad faith,” arguing that its focus had been on protecting dits own interests and not on looking out for its insured. After overwhelming evidence was discovered during the lawsuit, Nationwide settled with our client for one hundred (100) times what it could have settled the original case against its insured (our client).

The case illustrates that insurance companies take a big risk when they fail to protect their insured.

Train/Pedestrian Crash

A young 13 year old boy was hit by a Conrail Train. The boy suffered amputations of one arm and both legs. This tragedy occurred in a heavily populated area within Washington DC.  City neighborhoods bordered both sides of the railroad tracks. Residents from all neighborhoods had for years crossed the tracks in order to connect to grocery stores and to each other. Conrail was aware that there was a well beaten path from each side of the tracks, accessing the other, and that the children of the neighborhoods were taking great risks in order to communicate. Under these circumstances, The Abelson Law Firm was able to prove that it is the standard of care for the railroad to take affirmative measures to protect the public, yet Conrail did nothing.  The Abelson Law Firm  obtained a large jury verdict on behalf of the young boy..

Ski Resort Negligence

Ski Slope Wrongful Death Due to Negligent Trail Design

A Pennsylvania ski slope negligently designed a trail with an unprotected ravine located just below the “fall line.” On the first day that the trail had opened to the public, a young man and his newlywed wife went skiing. The wife fell on the slope, plummeted down the steep ravine and was killed in front of her husband, striking her head on the snow blowing pipes down below. The ski resort negligently failed to fence off the ditch, which it did the day following this tragedy. The Abelson Law Firm was able to obtain a large settlement in favor of the widower husband.

Our Results

Our goal is to SEEK JUSTICE on behalf of victims who have been injured as a result of the negligent behavior of another person or corporation. Through hard work, trial preparation, jury verdicts,  negotiation and of out-of-court settlements, we work to ensure that our clients are “made whole.”

We help to dircct the financial proceeds of our successful cases to meet our clients’ medical, educational, maintenance and support needs. We work with expert therapists, doctors, nurses, health care professionals, long-term or life-care planners and vocational counselors to provide our clients with the support they need.

Many of the cases that we take on have resulted in $ multi-million dollar awards, either through an out-of-court settlement or an in-court verdict. While we are very proud of our multi million dollar results, we do not disclose dollar figures of past cases on our website because we respect the confidentiality of our clients. We feel that disclosure of monetary sums would be a violation of this confidentiality. However, news of our jury verdicts as well as case reports are available via public record, in legal journals, in magazines, and in newspaper archives.

If you have questions about one of the cases reported on our website or if you feel that a fact pattern of one of the cases is similar to your own situation, feel free to contact us online or call us at (202) 499-6577 for a free consultation.

The following are some of the cases handled by The Abelson Law Firm:


Our Case Results

View All Results
Chiropractic Malpractice

Because of a neck adjustment, a young man suffered dissection of his carotid artery. A stroke occurred, and the young man died shortly thereafter.

Read More
Train Accident

A 13-year-old boy was hit by a Conrail train. The boy suffered amputations of one arm and both legs.

Read More
  • American Board of Trial Advocates
  • Super Lawyers
  • American Association for Justice
  • Washingtonian
  • Martindale-Hubbell

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