Tyler Rothenberger v Kent School District

Result – $2 million and a letter of apology from the school district
Personal Injury

When you send your child to school, you have a right to trust that he or she is safe. School districts have a legal responsibility to do everything in their power to make sure that is the case. This has been backed up by numerous court cases over the years. Fortunately, most days pass by without children being subjected to serious harm. Tyler Rothenberger v Kent School District continues

Tolenoa, Beltran-Walker & Walker v. Denny’s, Inc. & Hoffert

Largest Verdict in Washington State
Result – $46.4 Million

Seattle trial lawyers win $46 million verdict against Denny’s Corporation in premises liability/negligent security case

On January 21, 2007, Steven Tolenoa, a 27 year-old man, and his brother Wilven went to the Kent Denny’s in Kent, WA at about 2:00 a.m. on a Saturday night/ Sunday morning to have a Grand Slam breakfast after working a half-day and playing softball and drinking some beer at a local pub. The “bar rush” at the Kent Denny’s started at 2:00 a.m. Denny’s, Inc. has 1,600 restaurants nationwide, with 50 restaurants in the state of Washington, and all are open 24/7. Tolenoa, Beltran-Walker & Walker v. Denny’s, Inc. & Hoffert continues

Jones v. Berry; Kadlec Medical Center

Result – $8,500,000
Medical Malpractice / Anesthesia Error

Kim Jones was a vibrant 30-year-old woman, who came to Kadlec Medical Center for the labor and delivery of her third child, KaeDence who was born at 6:05 a.m. on November 12, 2002. Kim and her life partner, Christopher Mirisciotta, had previously decided that three children was enough for their family, so Kim consented to a tubal ligation which was scheduled for the afternoon of November 12, 2002. Jones v. Berry; Kadlec Medical Center continues

Noduft v. Heritage Consumer Products LLC

JUDGMENT – $20,503,288
Product Liability / Pharmaceutical Negligence
PPA Case Involving Hemorrhagic Stroke Caused By Over-The-Counter Drug Allerest

On June 18, 2002, King County Superior Court Judge Catherine Shaffer entered a judgment against Heritage Consumer Products LLC (Heritage) of Brookfield, Connecticut. Heritage is a pharmaceutical company that sells over-the-counter drugs to consumers, one of which is Allerest, an allergy medication. Allerest contained phenylpropanolamine (PPA), a chemical that has been linked to the occurrence of hemorrhagic strokes. On May 10, 2000, Yale University School of Medicine released the findings of six years of research on the incidence of hemorrhagic stroke and the use of products containing PPA. Noduft v. Heritage Consumer Products LLC continues

Birth Injury, Brain Injury, Medical Malpractice

Result – $8,000,000

This case involved the profound anoxic brain injury suffered by a baby boy at birth. Early in labor, everything went well. However, as the mother approached the pushing stage, the baby’s heart rate began to have recurrent decelerations indicative of intermittent cord compression, that persisted with virtually every contraction and worsened as time went on. The defendant doctor and nurse were aware of these decelerations, but did not appreciate their significance and never informed the family, nor made any effort to expedite the delivery, even though the baby was no longer descending the birth canal. Birth Injury, Brain Injury, Medical Malpractice continues

Birth Injury

Result: $3,200,000
Trauma/Brain Damage and Medical Malpractice

Defendant was a large urban hospital with a busy labor and delivery department. It operates a clinic and a residency program for prospective family practice physicians. A 19-year-old mother gave birth to a baby, who sustained severe brain damage at birth due to hypoxic-ischemic encephalopathy related to a botched delivery by an inexperienced first year family practice resident physician. The first-year resident was a hospital employee and was subject to continuing oversight by board-certified family-practice physicians for prenatal issues, labor and delivery. However, during labor the fetal heart rate monitor showed the baby was suffering from lack of oxygen in his bloodstream due to a prolonged delivery. Birth Injury continues

Diet Drugs

Result: – $2,500,000
Product Liability/Pharmaceutical Negligence

This was a pre-filing settlement of a case involving injuries sustained by a 56-year-old woman taking the diet drugs Phen-Fen and Redux. The plaintiff began having severe respiratory difficulty within six months of taking the diet drugs and was diagnosed with Primary Pulmonary Hypertension (PPH). PPH a life threatening condition causing injury to the heart and lungs that required her to undergo treatment with prostacyclin (Flolan), a medication that is administered continuously through a surgically implanted IV site. The woman will be Floan dependent for the rest of her life. The PPH is a condition that was excluded from the diet drug class action suits. Diet Drugs continues

Birth Injury / Medical Malpractice

Result – $2,500,000

In this birth injury / medical malpractice case, a baby boy suffered catastrophic brain damage and cerebral palsy due to the delayed delivery and inadequate resuscitation which caused birth asphyxia, hypoxic-ischemic encephalopathy (brain injury due to lack of oxygenated blood) and spastic quadriparesis with athetoid features, cerebral palsy (weakness and incoordination of the limbs). The defendant doctor was the mother’s physician throughout the pregnancy. There were three failed induction attempts but ultimately the mother went into labor and presented to defendant Hospital at 1:15 a.m. Fetal heart rate monitoring initially showed a very reassuring fetal heart rate pattern. Birth Injury / Medical Malpractice continues

Medical Malpractice Verdicts

Result: $2,000,000

A 51 year-old single woman who had a heart transplant on March 7, 2000, because of the defendants’ negligent failure to evaluate, diagnose and treat developing congestive heart failure and ischemic cardiomyopathy. Before entering the hospital on February 10, 2000 near death in cardiogenic shock, the woman had been seen 12 times in the preceding nine months at local health center for persistent and progressive breathing problems. Her chest x-rays from three separate dates (December 22, 1999, January 28, 2000 and February 7, 2000) clearly showed an abnormally enlarged heart (cardiomegaly) and pulmonary edema. During her hospitalization, the woman experienced at least two cardiac arrests and was clinically dead, but was saved by aggressive cardiopulmonary resuscitation. Medical Malpractice Verdicts continues

Anoxic Brain Injury, Near Drowning, Premises Liability

Result: $1,500,000

This near-drowning case involved a young woman who nearly drowned in an apartment swimming pool. She suffered severe anoxic brain injury resulting in persistent vegetative state. The tragic drowning happened on the last day of school and a few days after the season-opening of apartment swimming pool in Edmonds, Washington. While wading in the pool, the woman was unaware of abrupt slope change to the 9-foot-deep end. The woman went underwater and started drowning within a matter of seconds. Her friends and others in the pool tried to help, but it was too late. Anoxic Brain Injury, Near Drowning, Premises Liability continues

Laboratory Negligence / Misdiagnosed Cancer

Result: $1,150,000

This case involved a woman who was only 24 years old when she underwent a radical hysterectomy six months after she was married to her high school sweetheart. The radical hysterectomy took her ability to carry her own children and was caused by the negligent interpretation of Pap smear slides that resulted in a delayed diagnosis of cervical cancer. Perey Law Group attorneys argued that if the defendant laboratories had interpreted her Pap smear slides correctly she would have easily been cured of her developing cervical cancer. She lost her ability to carry her own children because a radical hysterectomy was performed to “cure” her developing cervical cancer. Laboratory Negligence / Misdiagnosed Cancer continues

Wrongful death case approved by the Spokane Superior Court.

Result: $1,150,000
Motor Vehicle / Trucking Accident, Personal Injury
Medical Malpractice and Nursing Negligence

A retired United States Marine, was severely injured in a motor vehicle collision that occurred on August 30, 2004, in Spokane, Washington at the intersection of SR 395 and Wandermere Road. After being treated at Deaconess Medical Center, he was transferred to a nursing facility, in Spokane. The nursing care provided was below the standard of care because the nurse failed to monitor and report the deteriorating oxygen saturation levels. The settlement in this personal injury and wrongful death case was approved by the Spokane Superior Court. Wrongful death case approved by the Spokane Superior Court. continues

Medical Malpractice/ Wrongful Death

Result: $1,075,000

A 60 year-old man from Everett, Washington died after his diverticulitis (inflammation and infection of out-pouchings in the colon (diverticula)) and bowel perforation and abscess went under-treated while at the defendant skilled nursing facility. The failure of the doctors and nurses to recognize and treat the worsening diverticulitis caused the decedent to suffer peritonitis and sepsis. He had multi-organ system failure and could not be removed from the ventilator. His condition worsened and he died after 15 days after enduring indescribable pain and suffering. If the doctors had performed a CT scan, the abscess and perforation would have been detected and he would have had surgery and most probably survived. Medical Malpractice/ Wrongful Death continues

Trucking "Wheel-off" Accident/ Wrongful Death

Result: $1,050,000

A 350 pound wheel and tire dislodged from defendants tractor-trailer, crossed into oncoming traffic and crashed through the window of the client’s Toyota, near Bremerton, Washington, in Kitsap County. The decedent was on her cell phone speaking to her daughter when the accident occurred. The wheel and tire collided directly with the woman’s head causing massive injuries and death within minutes of impact at the age of 48 years. She left behind a husband and adult daughter. Trucking "Wheel-off" Accident/ Wrongful Death continues

Motor Vehicle / Wrongful Death

Result: $1,000,000

A 56-year-old who was confined to a wheelchair and had limited use of his hands and arms secondary to diabetes died from a fall in a handicap-equipped van used to transport patients, or “cabulance.” He was picked up for transportation to his dialysis treatment by a Pacific Cabulance driver. The driver, Kelly Fee, loaded the man and his wheelchair into the cabulance, but failed to secure the straps to hold his wheelchair in place. During the trip, the wheelchair tipped over and the man struck his head, suffering a subdural hematoma. At the kidney center, it was standard procedure to give a dose of heparin, an anticoagulant (blood thinner), during dialysis. Motor Vehicle / Wrongful Death continues

Hopkins v. Stevens Hospital

Result: JURY VERDICT – $456,600
Medical Malpractice / Massive Overdose Medication to Premature Baby

Nolan Hopkins was born to Kathryn Hopkins at Stevens Hospital on August 25, 1999, about six weeks premature and weighing about 3½ pounds. Nolan developed apnea about five hours after birth. Apnea is when the baby stops breathing for short periods. Nolan’s physician ordered that Nolan receive an infusion of Aminophylline (aka Theophylline), which stimulates respiration so Nolan would breath normally. Unfortunately, Stevens Hospital staff gave Nolan ten (10) times the amount of Aminophylline ordered by his doctor. Aminophylline is a highly toxic and potentially lethal drug and the blood serum level must be closely monitored to keep the drug within the therapeutic range of 6 to 13 (micrograms per milliliter). Hopkins v. Stevens Hospital continues

Naturopathic, Negligence Asthma, Wrongful Death

Result: $400,000

A 16-year-old who died of an acute asthma attack within two hours of treating with a naturopathic physician who was her primary care provider. On the morning of July 25, 2001, Jane Doe felt poorly and experienced symptoms of asthma. She woke at about 11:30 a.m. and used her inhaler and nebulizer, but her symptoms did not improve. Mother Doe realized that her daughters’ condition was urgent enough to call the Doe Naturopathic Clinic for advice and treatment, but did not believe the condition was life-threatening. Mother Doe called and got an answering machine so she left a message stating that this was an urgent situation and she needed to be called back right away. Naturopathic, Negligence Asthma, Wrongful Death continues

Medical Malpractice / DVT

Result: $250,000

In this medical negligence case a saphenous vein thrombus that developed in our client’s body following a hernia repair was allowed to propagate into a deep vein thrombosis (DVT), destroying the venous valves in his left leg, leaving him with chronic venous valvular insufficiency and a lifetime disability. Fortunately, he avoided death due to a pulmonary embolism, but he is left with a lifetime of impaired use of his leg, discomfort and fear. He will require a lifetime of medical care and continuous surveillance of his circulatory system.

Foreign Object Left in Body Cavity

Result: Confidential Amount

A “stone cone” medical device is intended to be used endoscopically to trap and remove calculi and other foreign objects from the urinary tract during kidney stone surgery. The device broke during the procedure leaving a foreign body inside the body of Perey Law Group’s client. The case was settled for a confidential amount.

Delayed Diagnosis of Cancer by Oral Surgeon Leading to Wrongful Death

Result: (Confidential Amount)

A woman from central Washington died due to metastatic squamous cell carcinoma which had its primary origin in her tongue. The tongue cancer began in 1995 as a small, white lesion on her tongue which her oral surgeon, over the course of 5 years, chose to watch instead of biopsy and remove. As a result of the oral surgeon’s failure to properly diagnose the squamous cell carcinoma (tongue cancer), the Perey Law Group client died in 2004. A wrongful death lawsuit was filed arguing it is the mandatory standard of care for an unexplained white patch in the oral cavity to be biopsied because they are often pre-malignant. Delayed Diagnosis of Cancer by Oral Surgeon Leading to Wrongful Death continues

Public Swimming Pool Drowning

Result: Settlement before trial.

This case involved a tragic drowning of a 26-year-old woman who was taking swimming lessons in the Tukwila City Pool to overcome her fear of the water prior to departing for her honeymoon that was scheduled 3 months later. Candice Green suffered severe anoxic brain injury when she drowned which caused her death. Candice’s swimming instructor allowed her to remain in the deep end of the pool and the instructor left the pool deck area without notifying the on-duty lifeguard of Candice’s presence. The Tukwila Pool Operations Manual and the American Red Cross (certifying agency for lifeguards) specifically state that an instructor should never leave a class unattended and it is the lifeguard’s responsibility to guard, protect and save lives. Public Swimming Pool Drowning continues