- DELIBERATE INDIFFERENCE TO MEDICAL NEEDS/EXCESSIVE FORCE
- DELIBERATE INDIFFERENCE TO RISK OF SUICIDE
- EXCESSIVE FORCE BY POLICE OFFICERS DURING ARREST
- VACCINE INJURY FOLLOWING INFLUENZA(FLU) SHOT
- CUSTOMER INJURED BY DANGEROUSLY LOOSE SHELVING
- PATRON INJURED BY HOTEL'S FAILURE TO CLEAR ICE AND SNOW (black ice)
- TEACHER SEVERELY INJURED IN A FALL CAUSED BY CONTRACTORS FAILURE TO LIGHT WALKWAY
- ELDERLY CUSTOMER KNOCKED TO THE FLOOR BY DOG IN A BUSINESS SUFFERS A FRACTURED HIP
- TENANTS SUFFER SEVERE LIFE ALTERING INJURIES DUE TO CARBON MONOXIDE POISONING FROM AN INADEQUATELY MAINTAINED FURNACE LEAK
- PATIENT CONTRACTS SEVERE ENDOMETRIOSIS DUE TO PHYSICIAN'S, FAILURE TO CONDUCT A PELVIC EXAM
- YOUNG GIRL LEFT PARTIALLY PARALYZED AND INCONTINENT FOLLOWING SPINAL SURGERY, HOSPITAL ALTERED RECORD OF TRUE EVENTS
- PATIENT INJURED BY EXCESSIVE PRESCRIBING OF THE DRUG STADOL ®
- PATIENT SUFFERS TRAGIC DEATH DUE TO A PHYSICIAN'S FAILURE TO DIAGNOSE AND TREAT CERVICAL CANCER
- SIGNIFICANT DELAY IN DIAGNOSIS OF CERVICAL CANCER CAUSES PATIENT TO SUFFER EXTENSIVE SURGERY AND RADIATION THERAPY
- PATIENT SUFFERS UNTIMELY DEATH DUE TO PHYSICIAN'S FAILURE TO DIAGNOSE AND TREAT UNSTABLE ANGINA, TREATMENT NOTES WERE ALTERED
- INFANT SUFFERS SEVERE BRAIN INJURY SHORTLY AFTER BIRTH DUE TO NEGLIGENT ADMINISTERING OF DRUG BY NEONATAL NURSING STAFF
- PATIENT SUFFERS FATAL STROKE WHEN PHYSICIAN FAILS TO DIAGNOSE HER BRAIN BLEED, ALERTED RECORDS SENT TO HOSPITAL WITH PATIENT
- PATIENT'S GENITALIA BURNED BY CARELESS SURGEON FOLLOWING SURGERY
- NEWBORN SUFFERS A SEVERE IV INFILTRATION INJURY TO HIS FOOT AS A RESULT OF NURSING NEGLIGENCE
- CANCER PATIENT SUFFERS AN IV INFILTRATION INJURY TO HIS CHEST WHEN NURSE FAILS TO ENSURE AND MONITOR NEEDLE STABILITY AND PLACEMENT
- PATIENT SEVERELY INJURED WHEN HOSPITAL STAFF AND PHYSICIAN FAIL TO TIMELY DIAGNOSIS AND TREAT STROKE SYMPTOMS
- YOUNG BOY SUFFERS CATASTROPHIC INJURIES WHEN AN EMERGENCY ROOM PHYSICIAN AND HOSPITAL STAFF FAIL TO DIAGNOSE AND TREAT ROCKY MOUNTAIN SPOTTED FEVER
- MULTIPLE SCLEROSIS PATIENT SUFFERS A COMPLETE BOWEL OBSTRUCTION REQUIRING SURGERY AND OSTOMY DUE TO PHYSICIAN'S FAILURE TO APPROPRIATELY TREAT AND MONITOR HER CONDITION
- PARALYZED PATIENT SUFFERS SEVERE BED SORES ON COCCYX AS A RESULT OF THE HOSPITAL NURSING STAFF'S FAILURE TO PROPERLY EVALUATE AND IMPLEMENT SAFE GUARDS TO PREVENT SKIN BREAK DOWN
- ELDERLY PATIENT HOSPITALIZED FOLLOWING HIP FRACTURE SUFFERS SIGNIFICANT BED SORES ON COCCYX AS A RESULT OF NURSING STAFF'S FAILURE TO PROPERLY EVALUATING AND IMPLEMENT SAFE GUARDS TO PREVENT SKIN BREAK DOWN
- ELDERLY PATIENT SUFFERS AN UNEXPLAINED BURN ON BUTTOCKS DURING BACK SURGERY
- WRONGFUL DEATH OF PATIENT DUE TO CLINIC STAFF'S FAILURE TO DIAGNOSE AND TREAT CLASSIC SYMPTOMS OF UNSTABLE ANGINA
- PATIENT SUFFERS SIGNIFICANT BOWEL DEATH DUE TO HER SURGEON'S FAILURE TO PROMPTLY TREAT A BOWEL LEAK FOLLOWING COLON RESECTION SURGERY
- WRONGFUL DEATH OF PATIENT WHO PRESENTED TO EMERGENCY ROOM COMPLAINING OF CHEST PAIN, SENT HOME WITH DIAGNOSIS OF HYPERVENTILATION
- STEPHEN SCHNEIDER, D.O.'S PAIN CLINIC PRACTICES RESULTS IN OVER 176 PATIENT OVERDOSES, BODILY INJURIES AND 68 PATIENT DEATHS
- WHEELCHAIR BOUND ELDERLY PATIENT WITH CHRONIC DEMENTIA ALLOWED TO WANDER OUTSIDE THE NURSING HOME UNATTENDED ON A WINTRY DAY SUFFERS A FRACTURED HIP AND ULTIMATELY DIES DUE TO A NEGLIGENT CARE PLAN AND SUPERVISION
- ELDERLY PATIENT WITH COGNITIVE ISSUES SUFFERS A FALL OUT OF HER WHEEL CHAIR WHILE UNATTENDED RESULTING IN A FACIAL HEMATOMA AND DIFFUSE INJURIES TO HER FACE AND LEFT SHOULDER
- ELDERLY WOMAN RIDING A BIKE STRUCK BY UTILITY WORKER
- PEDESTRIANS STRUCK WHILE CROSSING HIGHWAY AT NIGHT
- PEDESTRIAN STRUCK WHILE CROSSING ROADWAY AT NIGHT
- DRIVER INJURED BY OVERLOADED TRACTOR TRAILER THAT RAN A RED LIGHT
- BIG RIG-MINOR INJURIES-FAST SETTLEMENT
- DELIVERY TRUCK REAR ENDS CAR CAUSING WHIPLASH INJURY
- DRIVER INJURED IN A SIDE IMPACT COLLISION SUFFERS SIGNIFICANT NECK AND TAIL-BONE INJURY
- PREGNANT DRIVER INJURED IN A FAILURE TO YIELD RIGHT OF WAY / INTERSECTION COLLISION
- DRIVER INJURED DURING REAR END COLLISION LOSES JOB DUE TO INABILITY TO PERFORM DUTIES
- DRIVER SUFFERS A SEVERE EYE INJURY WHEN HIS SUN-VISOR STRIKES HIS EYE DURING A REAR END COLLISION
- DRIVER AND PASSENGER SEVERELY INJURED IN HEAD ON COLLISION CAUSED BY A DRUNK DRIVER WHO CROSSED THE CENTER LINE
- DRIVER INJURED IN A REAR END COLLISION CAUSED BY A DRUNK DRIVER DRIVING AT NIGHT WITH NO HEADLIGHTS
- WIFE AND MOTHER OF TWO KILLED WHEN A SPEEDING TRASH TRUCK FAILED TO YIELD RIGHT OF WAY CRASHING INTO HER DRIVER'S DOOR
- DRIVER INJURED IN REAR END COLLISION, DEFENSE ARGUED SHE HAD A PRE-EXISTING MEDICAL CONDITION
- DRIVER AND PASSENGER INJURED WHEN A CAR CUT THROUGH A PARKING LOT TO AVOID A RED LIGHT
- DRIVER SUFFERS NECK INJURY WHILE WAITING FOR TRAFFIC TO CLEAR TO MAKE A SAFE LEFT HAND TURN AND IS REAR ENDED BY ANOTHER VEHICLE
- PASSENGER SEVERELY INJURED WHEN DRIVER FAILED TO YIELD TO STOP SIGN
- DRIVER WHO HAD RECENTLY UNDERGONE NECK SURGERY RE-INJURED WHEN A VEHICLE NEGLIGENTLY BACKED OUT OF A PARKING STALL CAUSING A COLLISION
- BACK SEAT PASSENGER INJURED IN REAR END COLLISION AT STOP LIGHT
- POLICE OFFICER STRUCK BY VEHICLE DURING A TRAFFIC STOP, DRUNK DRIVER WHO WAS TEXTING
- WRONGFUL DEATH CLAIM BROUGHT ON BEHALF OF CHILDREN OF A PASSENGER KILLED IN A SUBURBAN/TRAIN COLLISION AT A PRIVATE CROSSING
DELIBERATE INDIFFERENCE TO MEDICAL NEEDS/EXCESSIVE FORCE
Larry Wall & Tina Huntington filed a civil rights lawsuit on behalf of an inmate in the county jail who was beaten and deprived of mental health services during his incarceration from October 2007 through February 2008. The lawsuit alleges deliberate indifference to serious medical needs. The inmate suffered from schizophrenia and was mentally disabled. The case also involves excessive use of force by a jail guard. This case is pending in Kansas Federal District Court.
DELIBERATE INDIFFERENCE TO RISK OF SUICIDE
Larry Wall & Tina Huntington along with an Oklahoma law firm are involved in a lawsuit for the heirs of an inmate who committed suicide. The young man had been arrested and was undergoing detoxification from methadone in the County Jail. The detoxification was performed by a foreign corporation under contract with the County Jail. The corporation violated their own standards regarding detoxification. The health care provider also gave psychotropic medications that cause patient to become suicidal. They then failed to monitor the patient. The corporation violated the drug warning from the manufacturer of one of the drugs prescribed regarding the risk of suicide.
EXCESSIVE FORCE BY POLICE OFFICERS DURING ARREST
Larry Wall obtained a jury verdict for a motorcyclist beaten by Wichita Police Department (WPD) officers while handcuffed. The trial was in Wichita Federal District Court. The jury found the police officers were guilty of using excessive force. The police officers all testified that the victim had attacked them and his head injuries occurred when they fell during the handcuffing procedure. The officers also claimed they entered the Chapter 9 Lounge on a "routine investigation." The law suit established that the "biker" was arrested without probable cause and was hit on the head and legs with police batons after he was handcuffed, The client suffered from partial paralysis of his hands due to the handcuffs being applied too tight and for too long of a time. Mr. Wall used the WPD, photographs of the head injuries in cross examination of the officers to prove the officer's version was not true. The verdict was paid pursuant to a confidentiality agreement. All three of the officers involved were still working for the department after the case was settled.
VACCINE INJURY FOLLOWING INFLUENZA(FLU) SHOT
Tina Huntington represented a client who suffered a severe reaction to a routine influenza (flu) shot. Within hours of receiving the shot in his left upper, the client's arm and hand began to swell. By day two, he developed bilateral shoulder pain. The patient's joint pain and swelling continued to progress. He was eventually diagnosed with inflammatory (rheumatoid) arthritis. The patient had no history of this type of arthritis prior to the flu shot. The treatment of choice for the patient's condition was methotrexate and prednisone which carry significant risk of lymphoma. The patient was later diagnosed with Non-Hodgkin's lymphoma, which ultimately took his life. A claim was made on behalf of the patient and his wife through the Vaccine Injury Compensation Program (VICP), which resulted in a confidential settlement., The VICP allows people injured by vaccines and immunizations to receive compensation, without having to prove who was at fault for the injury. Claims are brought to the Federal Court of Claims, by attorneys admitted to practice in that special court. If you believe you or a loved one have been injured by a vaccine or immunization please give us a call.
CUSTOMER INJURED BY DANGEROUSLY LOOSE SHELVING
Larry Wall represented a client who was injured while shopping in a Wichita, Kansas department store. Overstocking of merchandise, inappropriate merchandising and the use of glass shelves in the infant clothing department and failures in inspection caused a shelf to fall. It struck our client's foot, causing tarsal tunnel injury. The shelves were not secured by fasteners and the person in charge of inspection was laid off prior to the incident. The policy of the department store encouraged under-reporting of defects that could injure patrons. The lawsuit was reported in The Wichita Eagle. The article quoted Judge Robert Bell citing the lack of attention to patron safety. A Sedgwick County jury awarded actual damages of $300,000.00, and the court awarded punitive damages in the amount of $958,531.47 for a total verdict of 1.3 million.
PATRON INJURED BY HOTEL'S FAILURE TO CLEAR ICE AND SNOW (black ice)
Larry Wall represented a client who was hurt at a hotel in downtown Wichita, Kansas. As the client exited from the Exhibition Hall she had to walk on an uncovered sidewalk area to access the parking garage. As the client was walking toward the parking garage on a path that had been partially cleared of snow she encountered an area of black ice., Black ice is a thin coating of glazed ice that is virtually transparent. As a result, she slipped on the ice and suffered life altering injuries. She had to undergo surgery and missed work as head nurse for a local hospital. A lawsuit was filed in February of 2002. The lawsuit alleged that the management of the hotel was careless because it knew of the icy area and lied in the reports that the area had been completely cleared. When confronted with photos and evidence from a former long time employee that sand was never spread and everyone knew the area always accumulated black ice the case was settled for a substantial and confidential amount.
TEACHER SEVERELY INJURED IN A FALL CAUSED BY CONTRACTORS FAILURE TO LIGHT WALKWAY
Larry Wall represented a teacher who tripped on an uneven wooden walkway as she left a school event at night. The area was unlighted. The walkway had been constructed by the contractor who was building a new addition to the school. The fall caused her knee to dislocate and it required surgical repair the next day. Her medical bills were in excess of $7,000.00 and she was unable to work for six months. She was required to use a walker for the rest of her life. The insurance company denied all liability and attempted to blame the victim. The principal had previously agreed the area needed lighting and said the contractor was supposed to do it that day. The lighting never was put in place and as a result the client was severely injured and disabled for life. When faced with the statements of the EMT personnel, the concerned citizen and the principal, the insurer for the contractor reversed its phony claim that it was the pedestrian's fault and settled for a substantial amount.
ELDERLY CUSTOMER KNOCKED TO THE FLOOR BY DOG IN A BUSINESS SUFFERS A FRACTURED HIP
Tina Huntington represented an elderly client who was violently knocked to the floor by a dog running loose in a business. The client entered the building and she was violently and abruptly thrown into the wall and knocked to the floor resulting in a left hip and pelvis non-displaced fracture. An operator of a place of business which is open to the public owes a duty to the business visitor to use reasonable care, under all of the circumstances to keep the business safe. This duty applies to all areas in the business used by the business visitor. The owner also has a duty to warn business visitors of any dangerous condition which they know about or should know about if they had exercised reasonable care in tending to the business. The claim was resolved for a substantial amount without the necessity of suit.
TENANTS SUFFER SEVERE LIFE ALTERING INJURIES DUE TO CARBON MONOXIDE POISONING FROM AN INADEQUATELY MAINTAINED FURNACE LEAK
Larry Wall and Tina Huntington represented a client who suffered severe injuries as a result of extended exposure to carbon monoxide that leaked from an inadequately maintained furnace. After five days of missing work, a co-worked called to request someone check on his welfare. The client and his girlfriend were found lying paralyzed on the floor of their apartment. As a result of the exposure, our client suffered a heart attack, an acute kidney injury, brain swelling, severe polyneuropathy and decubitus ulcers. He also suffered significant brain injury. Unfortunately, the client is now disabled from his injuries. Landlords are charged with the duty to inspect and maintain furnaces to ensure it is in good and safe working order. Failure to do so is negligence. This case is in active litigation
PATIENT CONTRACTS SEVERE ENDOMETRIOSIS DUE TO PHYSICIAN'S, FAILURE TO CONDUCT A PELVIC EXAM
Larry Wall represented a young girl who developed endometriosis due to the failure of her family physician to conduct a pelvic exam at the time of her first menstrual cycle. Endometriosis is a painful and debilitating condition for which there is no cure. As a result of carelessness, she will experience periods of extreme pain for the rest of her life. The exact cause of endometriosis is unknown. The retrograde menstruation theory (trans-tubal migration theory) suggests that during menstruation some of the menstrual tissue backs up through the fallopian tubes, implants in the abdomen, and grows. However, in this case the failure of the doctor to conduct a pelvic exam prevented him from discovering that she had an intact hymen. Because of that condition all of her menstruation fluid backed up through the fallopian tubes. The case settled for a confidential amount without the need for a trial.
YOUNG GIRL LEFT PARTIALLY PARALYZED AND INCONTINENT FOLLOWING SPINAL SURGERY, HOSPITAL ALTERED RECORD OF TRUE EVENTS
Larry Wall represented a young girl who was left partially paralyzed and incontinent because of medical negligence that occurred during a spinal surgery. The hospital was required to monitor the patient during the surgery by using a somata sensory evoked potential system. SSEP monitoring produces a strip that depicts changes in wave forms of the spinal nerves caused by trauma during surgery. If done correctly, the SSEP strip will warn the surgeon that spinal nerves are being cut before serious damage occurs. A surgeon can never cut a nerve if they are paying close attention to their scalpel and know what they are cutting before they cut it. This case was first tried and lost by another malpractice lawyer. He requested, Larry Wall's assistance to investigate and to try a fraud case if altered records could be discovered. Together they discovered that the SSEP records were phony. The attorney for the hospital claimed "I believe this case boils down to a misfiling-that we have made a mountain out of a molehill." Larry Wall filed a Motion for Punitive Damages, which was granted by Judge Paul Clark. Judge Clark said in his ruling that the evidence showed that the hospital "acted with the arrogance of a despot," and "that what all this evidence shows is a pride that blocks prudence and wisdom." The case settled after Larry Wall deposed the SSEP technician and shortly after Judge Clark made his findings. Larry Wall received the Consumer Advocate Award from the Kansas Trial Lawyers Association in December 2002 for his work in fighting fraud in hospitals records.
PATIENT INJURED BY EXCESSIVE PRESCRIBING OF THE DRUG STADOL ®
Larry Wall represented a woman addicted by her doctor to the pain killer Stadol ®. Mr. Wall filed suit in Topeka, Kansas, against the doctor and the pharmacist that provided the drug in excessive amounts. The case settled for $515,000.00. The names of the defendants are subject to a confidentiality agreement. The evidence showed the pharmacist and the doctor had an unethical financial relationship. The evidence also disclosed that the pharmacist wrote a note on a check he received stating, "Ain't fibromyalgia beautiful !" The doctor was disciplined by the Kansas Board of Healing Arts as a result of this case and lost his medical license.
PATIENT SUFFERS TRAGIC DEATH DUE TO A PHYSICIAN'S FAILURE TO DIAGNOSE AND TREAT CERVICAL CANCER
Larry Wall obtained a substantial settlement against two Wichita doctors for their failure to diagnose and timely treat cervical cancer in a 39 year old married woman. As a result of the negligence the woman was deprived of 42 years of life and suffered a horrible death. She was a Registered Nurse. An economist was retained and prepared a report that detailed the lost income and household services at $1.3 million. Thus, the case settled very close to the actual losses and without the risk of a trial. Cervical cancer should never occur in the United States. Please see the website below for steps you can take to protect yourself.
SIGNIFICANT DELAY IN DIAGNOSIS OF CERVICAL CANCER CAUSES PATIENT TO SUFFER EXTENSIVE SURGERY AND RADIATION THERAPY
Larry Wall represented a woman who was told she had cervical cancer. The client had received annual pap exams. The defendants misread the PAP tests and reported the exams as normal. Larry Wall obtained the original slides and had them reread by an expert cytologist. The slides were actually all grossly abnormal. The delay in diagnosis caused her to suffer extensive surgery and radiation therapy. Settlement Confidential. If you have a question about a PAP test see the website for information.
PATIENT SUFFERS UNTIMELY DEATH DUE TO PHYSICIAN'S FAILURE TO DIAGNOSE AND TREAT UNSTABLE ANGINA, TREATMENT NOTES WERE ALTERED
Larry Wall filed suit against a doctor in Colony, Ks. for his failure to diagnose and treat unstable angina. Unstable angina is new unexplained chest pain or shortness of breath that is an emergency. It requires immediate hospitalization. Unfortunately for the client he saw his famil practice doctor on a Friday and his doctor and the cardiologist he consulted decided to wait until Monday to treat the condition. On Monday his wife took him to Wichita, Kansas to the cardiologists office for an early morning appointment. He was seen by a medical assistant and was given two doses of nitroglycerin which caused his blood pressure to drop dangerously low. The cardiologist was not even present when this occurred and when he finally arrived he didn't know how to intubate the patient. As a result the patient suffered from lack of oxygen and ultimately died. The family practice doctor was also forced to admit that he had created two different sets of records for the single visit. Larry Wall retained an economist to testify that this wrongful death caused the heirs to lose several million dollars plus the advice and comfort of their husband, father and grandfather. The case settled on the eve of trial.
INFANT SUFFERS SEVERE BRAIN INJURY SHORTLY AFTER BIRTH DUE TO NEGLIGENT ADMINISTERING OF DRUG BY NEONATAL NURSING STAFF
Larry Wall represented the parents of a twin baby boy who sustained severe brain damage due to nursing negligence. The hospital was understaffed. There were not enough nurses for the number of newborns at the time of this tragedy. The hospital was more interested in profits than patient safety. The baby had low blood pressure at the time of delivery. The baby's doctor ordered normal saline to be given intravenously over time to stabilize the baby's blood pressure. The nurse was in a hurry and was confused about how to read the label on the saline solution and administered a solution which as 50 times stronger than it should have been, causing the new-born's brain to swell to the point of tissue destruction. The hospital was also negligent for storing the two types of saline side-by-side, despite warnings issued by the manufacturer stating that the two types should no be stored together because of the risk of medication error. Mr. Wall sued the hospital on behalf of the baby and secured a Life Care Plan in excess of $20 million. The case settled after Larry Wall deposed all of the nurses and administrators and established the hospital was understaffed. The medication error was indefensible. Mr. Wall remains close to the family. Sadly he had to attend this precious child's funeral.
PATIENT SUFFERS FATAL STROKE WHEN PHYSICIAN FAILS TO DIAGNOSE HER BRAIN BLEED, ALERTED RECORDS SENT TO HOSPITAL WITH PATIENT
Larry Wall filed suit against a doctor in Arkansas City, Kansas on behalf of a married mother of two for his failure to recognize that sudden onset of a severe headache and alarmingly high blood pressure are warning signs of a hemorrhagic stroke. The woman presented to her doctor without an appointment with complaints of a severe headache that developed suddenly without warning or any known reason. The nurse recorded her blood pressure at 210/100. If heeded, this warning sign gave the doctor ample time to treat and save the patient. Unfortunately, the doctor prescribed a water pill and sent her home where she was found later that day unresponsive. She was life watched to Wichita, Kansas. The doctor sent a "doctored" set of records with her in the ambulance. At he and his nurse's deposition they both testified that she never complained of a headache. Larry Wall disclosed at the end of their depositions that he had the statements of two patients that had been in the waiting room that same day and had seen the victim crying with pain due to the severity of her headache. He also had 3 witnesses that had seen her at a coffee shop a few hours before and that she was complaining of the "worst head ache of my life." Confronted with the realization that the altered records had been discovered and that the lie would not hide the malpractice the defendant quickly settled for $975,000.00. The doctor soon left the practice of medicine. He went to work for a doctor owned malpractice insurance company.
PATIENT'S GENITALIA BURNED BY CARELESS SURGEON FOLLOWING SURGERY
Larry Wall brought suit against a urologist for burning a female patient following surgery because he was in too big of a hurry to wait for safe irrigating water following the surgery. The patient was burned on the vulva and the perineum. The water is used to clean blood from the surgical site so the surgeon can be certain that the wound is not bleeding. The water needs to be warm since cold water would tend to cause small bleeds to temporarily coagulate. Unfortunately the water must be warmed but the equipment at the hospital had been malfunctioning for some weeks and produced bottles of water that were boiling hot. The nurse warned the doctor that the water was too hot but he ignored her and took the water and poured it over the sensitive areas. The area immediately blistered. The surgeon then left the area and ordered the patient be placed on narcotics for the pain. Unfortunately, the area did not heal and a law suit had to be filed. The client did not want to go to trial because of the embarrassing nature of the wounds. The defendant doctor did not want to go to trial faced with the realization that Larry Wall had interviewed all of the nurses in the operating room and they all were willing to testify to the facts.
NEWBORN SUFFERS A SEVERE IV INFILTRATION INJURY TO HIS FOOT AS A RESULT OF NURSING NEGLIGENCE
Larry Wall represented a new born who was injured in a Wichita, Kansas hospital nursery because the nurses were overworked and understaffed. The nurses were also ignorant of the standard of care for IV infusions. As a result of the negligence, the IV was placed in the wrong location, the needle was the wrong size and the site was not monitored regularly as required by standard IV policies. A substantial settlement occurred and a life annuity was created that will pay for future medical bills and surgeries.
CANCER PATIENT SUFFERS AN IV INFILTRATION INJURY TO HIS CHEST WHEN NURSE FAILS TO ENSURE AND MONITOR NEEDLE STABILITY AND PLACEMENT
Tina Huntington represented a cancer patient who was injured in a Wichita, Kansas medical facility because the nurse failed to adhere to basic safety principles. The nurse ignored the standard of care for IV fusion which requires frequent monitoring and the discontinuation of IV therapy when presented with any signs or symptoms the drug has escaped outside the vein into the tissue. As a result of the nurses negligence, the patient suffered a significant wound to his chest that caused him unnecessary pain and suffering while he was already trying battling cancer. A substantial settlement was secured for the family.
PATIENT SEVERELY INJURED WHEN HOSPITAL STAFF AND PHYSICIAN FAIL TO TIMELY DIAGNOSIS AND TREAT STROKE SYMPTOMS
Larry Wall tried a malpractice lawsuit on behalf of a woman in Salina, Kansas. The lawsuit involved an ER doctor who was an active alcoholic at the time the client's presented to the ER. The lawsuit also included four other doctors and the hospital. The patient had been experiencing TIA symptoms for about 30 days prior to her first visit to the ER. She was sent home without treatment for a stroke in progress. She returned to the ER a few days later with new stroke symptoms. The lawsuit also involved her primary care doctors for their failure to treat the TIA symptoms prior to the stroke and their failure to administer a clot buster drug called T.P.A., or to transfer to a stroke center. The jury returned a verdict against 3 doctors for $ 474,400.00. Larry Wall obtained a life care plan that projected an economic loss of $5,586, 673.00. Prior to the jury verdict the hospital involved settled for a confidential amount.
YOUNG BOY SUFFERS CATASTROPHIC INJURIES WHEN AN EMERGENCY ROOM PHYSICIAN AND HOSPITAL STAFF FAIL TO DIAGNOSE AND TREAT ROCKY MOUNTAIN SPOTTED FEVER
A boy was taken by his Mother to a Wichita emergency room and to doctors for treatment of a fever and a rash. All the doctors failed to diagnose his illness as Rocky Mountain Spotted Fever. Their carelessness resulted in the loss of use of the boys' legs, the loss of four fingers, and the loss of his ability to hear and speak. Three attorneys took the case and settled it without authority from the Mother. She then hired Larry Wall and he filed pleadings to discharge the attorneys and to prevent enforcement of the alleged settlement. He also secured an out of state malpractice firm to try the lawsuit. The jury returned a verdict of 9.8 million dollars. Unfortunately, Kansas has a cap on damages for pain and suffering. Miller v. Johnson Because of the cap, the verdict was reduced to $4,252, 832.98. The Kansas Supreme Court is currently reviewing the appeal in Miller v. Johnson that challenges the constitutionality of the caps.
MULTIPLE SCLEROSIS PATIENT SUFFERS A COMPLETE BOWEL OBSTRUCTION REQUIRING SURGERY AND OSTOMY DUE TO PHYSICIAN'S FAILURE TO APPROPRIATELY TREAT AND MONITOR HER CONDITION
Larry Wall represented a mother of two children who suffered from progressive Multiple Sclerosis. Her MS had been successfully treated with a drug known as ACTH. ACTH is a natural hormone that decreases the severity of the symptoms of Multiple Sclerosis. The client was admitted to Wichita Specialty Hospital. Upon arrival, the nurses told the patient that a doctor on call had prescribed Solumedrol, ® a synthetic hormone instead of ACTH.The doctor falsely told her that the natural hormone was no longer manufactured and was not available. The doctor also told the patient that she had to accept the synthetic hormone in order to remain a patient in the hospital. She accepted and suffered horrible reactions and a blocked bowel. The doctor dismissed her from the hospital with out seeing her and she suffered a complete bowel obstruction which required surgery and an ostomy. Larry Wall obtained expert medical testimony that the natural hormone was available. The entire tragedy could have been avoided if the doctor had told the truth. The case settled for a confidential amount prior to the hearing on a motion for punitive damages.
PARALYZED PATIENT SUFFERS SEVERE BED SORES ON COCCYX AS A RESULT OF THE HOSPITAL NURSING STAFF'S FAILURE TO PROPERLY EVALUATE AND IMPLEMENT SAFE GUARDS TO PREVENT SKIN BREAK DOWN
Larry Wall & Tina Huntington represented a woman who fell in her home in Eureka, Kansas. As a result of the fall she was paralyzed. She was transported to a hospital in Wichita, Kansas for treatment. The hospital failed to properly use the Braden Score to evaluate the risk of developing bed sores. The hospital failed to place the patient on a bed designed to reduce the development of bed sores. The hospital failed to frequently reposition and turn the patient. As a result a large bed sore developed on her coccyx. The failure of the hospital administrators and the nursing staff was well known to Larry Wall and Tina Huntington. Through experience we possess & knowledge of Wichita hospital practices regarding bed sores. Tina Huntington and Larry Wall prepared a draft of a Motion for Punitive Damages and submitted that and the draft of the Petition to the hospital's malpractice law firm and suggested mediation. The case was settled for a large confidential amount that included funds to purchase a proper hospital bed and to provide for care for the wound until it was healed, in addition to substantial funds for the patient's pain and suffering. In 2008, Medicare and Medicaid listed bed sores as a Never Event.
ELDERLY PATIENT HOSPITALIZED FOLLOWING HIP FRACTURE SUFFERS SIGNIFICANT BED SORES ON COCCYX AS A RESULT OF NURSING STAFF'S FAILURE TO PROPERLY EVALUATING AND IMPLEMENT SAFE GUARDS TO PREVENT SKIN BREAK DOWN
Larry Wall filed a lawsuit against Riverside Hospital on behalf of a patient who was seen in the emergency room at a local hospital. She was admitted due to her inability to care for herself. She had fallen and broken her hip. On the admission history form, her skin was described as, "warm and dry without rash, lesion, or pigmentation changes." Days later, a nursing operative record documented Kathryn as having a, "large area of skin breakdown on coccyx, Stage II, involving left and right buttocks..." Kathryn remained in the hospital for care and treatment of the decubitus ulcer for months. Following her release from the hospital, she would require care and treatment for the decubitus ulcer for an additional six months. Bed sores like this should never develop when a patient is in a hospital or a nursing home. A significant settlement was obtained due to the wanton nature of the nursing negligence and the extensive time it took to heal the sores.
ELDERLY PATIENT SUFFERS AN UNEXPLAINED BURN ON BUTTOCKS DURING BACK SURGERY
Tina Huntington represented an elderly female who was injured in a Wichita, Kansas hospital surgical unit. The client underwent scheduled back surgery and following the procedure, was found to have suffered an severe burn to her buttocks area. The defense contended they had no idea how the injury could have occurred during surgery and denied the injury was even a burn. A fair and reasonable settlement was obtained prior to trial.
HEART PATIENT SUFFERS MULTIPLE DECUBITUS ULCERS DUE TO HOSPITAL NURSING STAFF'S FAILURE TO PROPERLY EVALUATING AND IMPLEMENT SAFE GUARDS TO PREVENT SKIN BREAK DOWN FAILURE TO PREVENT AND TREAT BED SORES
Larry Wall & Tina Huntington filed a lawsuit against a Wichita hospital on behalf of an elderly patient who was hospitalized in its facility in July of 2003 due to persistent nausea and vomiting. He would ultimately require heart surgery. In August, about a month into his admission, the hospital staff documented the patient had skin breakdown on his buttocks. No measurements or photographs were taken. After Over forty-six hours later, the patient was evaluated by the "wound care nurse" concerning the area of skin breakdown on his buttocks. The patient was noted as being very weak and on dialysis for long periods of time. The patient's skin breakdown had continued to deteriorate. The patient's skin breakdown continued to deteriorate and was later described as a large area stage II-III pressure ulcer over the sacrum/coccyx region, with very irregular borders over the left buttock ,with tissue erosion and moist black eschar in the center of the wound, in addition to erythema and induration noted over the area with the greatest in duration over the coccyx. Post debridement the wound was measured as 5 x 3 cm x 1.8 cm deep. Two additional ulcers were noted on the right buttock. They were documented as two smaller ulcers that had bridged together, with erythema and in duration noted over the coccyx region. The right buttock wound was documented as a stage II ulceration with red/pink tissue base and scant serous drainage., In September of 2003, the patient was transferred to Our Lady of Lourdes for inpatient rehabilitation therapy secondary to his continued need for assistance with mobility and self-care. Photographs were taken at that time identifying the skin breakdown as Stage IV. The patient would continue to suffer from wounds until his death. The National Quality Forum has included Bed Sores on its list of 28 inexcusable outcomes in a health care setting. The outcomes are referred to as "Never Events." A confidential settlement was reached prior to trial.
WRONGFUL DEATH OF PATIENT DUE TO CLINIC STAFF'S FAILURE TO DIAGNOSE AND TREAT CLASSIC SYMPTOMS OF UNSTABLE ANGINA
Tina Huntington & Larry Wall filed suit against a doctor and a family practice clinic in Great Bend, Kansas for failure to diagnose and treat unstable angina. The patient presented to the clinic with complaints of a seven-day history of increasing shortness of breath, anxiety, and an inability to breathe while lying down. The patient was diagnosed with anxiety. She was given a handout on interventions. A complete physical examination was not obtained. No blood tests were ordered, nor was her heart and cardiovascular system evaluated. The patient returned to the clinic with continued complaints of shortness of breath. An echocardiogram was conducted. The echocardiogram results were abnormal. It revealed evidence consistent with an anterioseptal infarct (heart attack). The patient was only told she would be contacted regarding the significance of the echocardiogram findings. No blood tests were ordered. A treadmill exam was recommended. The patient was again diagnosed with anxiety. She was instructed on how to slow her breathing and given a prescription for Lorazepam. An employee of the clinic called the patient and advised her that no other echocardiograms were found for comparison, despite the fact a prior normal echocardiogram was contained in the clinic record. The patient returned to the clinic for a third time with continued shortness of breath and swelling. She was noted as pale and pasty with shallow breathing and an eighty-nine percent oxygen saturation. The clinic note indicated the patient as having had a cardiac work-up and chest x-ray that were all normal. A complete physical examination was not obtained. The patient's heart and cardiovascular system were not evaluated. Sleep studies, ABG's, and PFT's were recommended. Two days later, the patient's family took her to the emergency room because of increasing respiratory distress. She was diagnosed with congestive heart failure and possible acute coronary syndrome. The patient was stabilized and transferred to St. Francis hospital. Electrocardiogram studies were consistent with a recent antecedent anterior wall infarction. The patient's ejection fraction was estimated to be thirty percent. A chest x-ray revealed she had cardiomegaly with bilateral interstitial alveolar edema. The patient went into acute rental failure and aggressive diuresis was instituted. The patient's heart failure worsened, she developed cardiogenic shock, in addition to the acute renal and respiratory failure. The patient died that evening. During the critical visits to the clinic, the patient was seen by an advanced registered nurse practioner (ARNP) who by Kansas law is required to be under the supervision of an attending physician. However, there was no attending physician working at the clinic during the critical time frame for this patient. The case settled for a confidential sum prior to trial.
PATIENT SUFFERS SIGNIFICANT BOWEL DEATH DUE TO HER SURGEON'S FAILURE TO PROMPTLY TREAT A BOWEL LEAK FOLLOWING COLON RESECTION SURGERY
Larry Wall & Tina Huntington filed suit against a Great Bend surgeon for failure to promptly treat a significant bowel leak following a colon resection surgery. On or about post-op day 3, the patient began to show signs of abdomen distention and a clear lack of bowel sounds. A CT scan of her abdomen, reveals free fluid and air in the abdomen and also notes changes at the sight of the anastomosis (where the colon was reconnected) that could represent a partial bowel obstruction. The patient's abdomen remains distended over the ensuing days., She continues to be remain uncomfortable and requires morphine and various other medications to treat her pain. The patient spikes a fever and her oxygen saturation level drops as low as 87%. The surgeon then orders abdominal x-rays which again indicate partial obstruction. No surgical intervention is taken that day. The following day, the surgeon orders a barium enema study which again notes a partial obstruction and material is clearly seen leaking from the site of the anastomosis. Another day goes by and the patient's morphine dosage is increased and despite the fever-reducing effects of the pain medication, she spiked fevers. She is not sleeping well, and her attempt to walk that day ended with dangling her legs over the bedside. Much more alarming, though, is that the patient becomes confused and forgetful on this day, and she is not answering questions appropriately. She is now leaking stool both internally and externally when she gets out of bed. On post-op day twelve, the surgeon finally takes the patient back to surgery and finds her bowel is necrotic (dead) and she is suffering from severe sepsis. The patient's abdomen is so infected and swollen that closure is not possible. The patient is flown to Wichita with her abdomen still open where she ultimately undergoes multiple abdominal surgeries. Months following the initial surgery, the colostomy was finally taken down and her abdomen was closed. The patient continued to deal with abdominal hernias as a result of the extensive scar tissue and adhesions that remain throughout her abdomen. The case was settled for a confidential amount prior to trial.
WRONGFUL DEATH OF PATIENT WHO PRESENTED TO EMERGENCY ROOM COMPLAINING OF CHEST PAIN, SENT HOME WITH DIAGNOSIS OF HYPERVENTILATION
Larry Wall & Tina Huntington filed suit on behalf of a Hutchinson family against a physician and emergency room for failure to appropriately assess and treat unstable angina resulting in the patient's death. The patient (who had heart stints placed just 6 months prior) presented to the emergency room with complaints of chest discomfort. An EKG taken at the emergency room revealed a "possible lateral infarct." He was diagnosed with upper respiratory infection and hyperventilation and sent home with instructions that advised, "You may feel as though you are going die. This is not going to happen." and "breathing slowly into a paper bag will help solve the problem." The patient was dismissed to go home. He and his family left the emergency room and made the less than 10 minute drive to their home. The patient was unable to make it into his house and collapsed on the ledge in front of his home. EMS arrived and administered oxygen but the patient seized and a code blue was called. The patient was taken back to the emergency room, but could not be stabilized and was pronounced dead within an hour. The case was resolved for a confidential sum prior to trial.
STEPHEN SCHNEIDER, D.O.'S PAIN CLINIC PRACTICES RESULTS IN OVER 176 PATIENT OVERDOSES, BODILY INJURIES AND 68 PATIENT DEATHS
Assistant United States Attorney Tanya Treadway dedicated more than five years to the criminal prosecution of a Haysville, Kansas, physician and his wife on 34 criminal counts including illegal distribution of controlled substances, conspiracy to commit health care fraud, health care fraud resulting in death, and money laundering. The practices of the doctor and his wife lead to over 176 patient drug overdoses, bodily injuries, and 68 deaths. On the eve of trial in February, 2009, a federal judge significantly reduced the case, limiting it to four patients. Ms. Treadway prevailed on appeal and successfully prosecuted the case, obtaining Guilty verdicts for both defendants from a jury after an eight week trial. Her commitment and dedication obtained a result that will help to ensure the safety of patients and consumers across Kansas and the United States.
In addition to the federal prosection numerous wrongful death actions were brought by the heirs of the victims of Dr. Schneider. Larry Wall and Tina Huntington had the opportunity to assist several of those families. On December 30, 2012, Larry Wall was honored to receive the Kansas Association of Justice "Distinguished Practice Award" for his tireless efforts on behalf of families impacted by the reckless practices of Dr. Schneider.
Larry Wall represented the heirs of Kandace B. who died as a result of an accidental drug over dose on 11-14-2003. She was the mother of two children. She was a patient at the Schneider Clinic from 07-10-03 until 11-12-03. She died from an accidental drug over dose two days after her last appointment. Larry Wall received a report from Dr. Steven Richeimer of the University of Southern California. As a result of the report of Dr. Richeimer the case was settled with the provision that the amount of the settlement remain confidential.
Larry Wall represented the husband of Patricia G. who died as a result of an accidental drug over dose. The medications had been prescribed at the Schneider Clinic in Haysville, Kansas. Patricia had been a patient at the clinic from February 1, 2003 through June 20, 2005. Larry Wall obtained an expert report from Dr. Graves Owen an expert who had volunteered to help Dr. Schneider before this lady's death occurred. As a result of the discovery of Dr. Owens and the submission of his report the case settled for a confidential amount.
Larry Wall accepted the case of a patient that did not die from a drug overdose. Justin B. was a chronic pain patient CPP treated with chronic opioid therapy COT at the Schneider Clinic from October 19,2001 until September 12, 2005. As a result he became addicted to opioids. The addiction was no his fault. His addiction was caused by the Clinic's greed and the carelessness of Dr. Schneider. He was later treated for the addiction caused by the over prescribing and was able to live without pain and without narcotics. He was referred to the, detox specialist by Larry Wall. The case was resolved after Larry Wall provided the reports of the addiction and detox specialist. The expert detoxified Justin with Suboxone ®. WALL HUNTINGTON will help you or a loved one even if the addiction is ongoing. Treatments for narcotic addictions are available in Wichita, Kansas for nominal fees.
Larry Wall represented the Estate and heirs of Jeff H. Jeff was 45 years old and was married and was the Father of two teen age daughters at the time he died. He was treated at the Schneider Clinic five times and on all visits he was provided narcotics. Larry Wall retained Dr. James Hay of the Seacoast Pain Institute, Dr. Graves T. Owen of the Texas Pain Rehabilitation Institute. His death was caused by the treatment he received at the Schneider Clinic. He was last treated on 12-08-2004. He died from the effects of the drugs he received from the Schneider Clinic three days after he was found unresponsive at work the evening of 12-27-04. The case settled after a Motion for Punitive Damages was filed.
Larry Wall & Tina Huntington represented the heirs of Lucy S. in a lawsuit for her wrongful death. She was a patient of the Schneider Clinic from 8-29-03 til 8-23-07. She died from a accidental drug overdose on 8-29-07 just six days after her last visit to the clinic. The lawsuit claimed that Dr. Stephen Schneider and his Schneider Clinic LLC. were both responsible for the actions of Connie White PA and Dr. Lawrence Simon. Both White and Simon lost their licenses to practice the healing arts. Lucy was happily married with five loving children at the time of her death. The case settled after one day of court ordered mediation for a confidential amount.
Larry Wall & Tina Huntington represented the heirs of Tina R. who was a chronic pain patient (CPP) of Dr. Stephen Schneider at his Schneider Clinic in Haysville, Kansas from 6-10-2004 through 11-23-2005. She was treated with chronic, opioid therapy (COT). She also suffered from a severe mental illness. Her son and daughter were so concerned that she was suicidal that they both accompanied her on her last visit to the clinic. They expressed concern to Dr. Schneider however he assured them she was not suicidal without performing an tests or a psychological examination. She committed suicide four days after her last visit to the clinic. The drugs prescribed to her by Dr. Schneider on the last visit were known to increase the risk of suicide.
WHEELCHAIR BOUND ELDERLY PATIENT WITH CHRONIC DEMENTIA ALLOWED TO WANDER OUTSIDE THE NURSING HOME UNATTENDED ON A WINTRY DAY SUFFERS A FRACTURED HIP AND ULTIMATELY DIES DUE TO A NEGLIGENT CARE PLAN AND SUPERVISION
Tina Huntington represented the family of an elderly gentleman who suffered from Progressive Supranuclear Palsy (PSP) and chronic dementia. Due to the complexity of his nursing needs he was placed in a nursing facility to ensure he would receive around the clock care. The nursing home claimed to "specialize" in the care of helpless individuals who were chronically infirm and professed to have a Alzheimer's Special Care Unit. From the time the patient was admitted and throughout his residency at nursing home he was vulnerable and susceptible to serious injury as a consequence of wandering/elopement. On one cold December day, the resident was once again unattended and wheeled himself out the front doors of the facility into the parking lot. He fell out of his chair next to a car and laid there for an unknown amount of time before he was finally spotted by staff. The resident suffered a broken hip and died a short time later. The case was resolved for a confidential sum prior to trial.
ELDERLY PATIENT WITH COGNITIVE ISSUES SUFFERS A FALL OUT OF HER WHEEL CHAIR WHILE UNATTENDED RESULTING IN A FACIAL HEMATOMA AND DIFFUSE INJURIES TO HER FACE AND LEFT SHOULDER
Tina Huntington represented the family of an elderly woman who had a very complex health status including: chronic renal failure on maintenance hemodiaylisis, history of congestive heart failure, depression, gastroesophageal reflux disease, insulin dependent diabetes mellitus, osteoarthritis, peripheral vascular disease, anemia, left shoulder swelling, and hypocalcemia. Additionally, she was confined to a wheelchair due to having a right above the knee amputation. Because her husband was unable able to care for his wife, he agreed with her physician's recommendation that her care required professional attention and selected a nursing home to meet her increasing needs. From the time she was admitted and throughout her residency at the nursing home she was vulnerable and susceptible to serious injury as a consequence of falls. Her susceptibility to falls and subsequent injury was a function of: (a) periodic intervals of confusion and congnitive impairment; (b) gait, station, and balance abnormalities due to previous right leg above the knee amputation and left shoulder pain and swelling; (c) prescribed use of Lortab and Klonopin; (d) osteoarthritis; and (e) use of wheelchairs as a walking assistance device. The foregoing risk profile was clearly manageable through application of fundamental nursing principles. In November of 2003, the resident suffered a massive hematoma to her forehead, and diffuse bruising to her face and left shoulder as a result of falling out of her wheelchair while unattended. The case was resolved for a confidential amount prior to trial.
ELDERLY WOMAN RIDING A BIKE STRUCK BY UTILITY WORKER
Larry Wall represented an elderly but very fit woman who was struck by the mirror of a pick-up truck as she rode on the highway south of Winfield Kansas for her daily exercise. The woman was knocked unconscious. She suffered permanent hearing and balance problems. There were no witnesses and so proving the case was difficult. A witness said he had seen a utility truck drive by earlier and that the truck would pass by at the same time each day. An investigator located the truck and photographed the broken mirror on the passenger side. As a result the driver was located and the case settled for $180,000.00.
PEDESTRIANS STRUCK WHILE CROSSING HIGHWAY AT NIGHT
Larry Wall obtained a verdict in Federal Court in Wichita, Kansas for Manual and Eva Garza. They were crossing the highway at night. They were two blocks from a lighted intersection when they were struck by a motorist that was speeding. At trial, they admitted they were in the country illegally and had worked as migrant workers for over 30 years and had never paid any income taxes. Larry Wall presented the jury with evidence that they had raised 5 children and sent them all to college and three had graduated at the time of the trial. One child was in medical school. The jury was outraged at the defendants appeal to racial prejudice. The defendant's accident reconstrutionist claimed that because they were wearing dark clothes and had dark skin that made it difficult for the defendant to see the couple. The jury returned a verdict finding the driver 100 % at fault and awarded $184,000.00 for their injuries.
PEDESTRIAN STRUCK WHILE CROSSING ROADWAY AT NIGHT
Larry Wall settled a case for a minor child who was hit in a cross walk. On January 4, 2005, a young boy approached a crosswalk signal on North Ridge Road in Wichita, Kansas. He pushed the button and waited for the light to turn red. He entered the cross walk with a green light when he was struck by a speeding driver. The driver was on her way to a Super Bowl Party. He received significant scaring, loss of teeth and developed a Post Traumatic Stress Syndrome. Larry Wall found an eye witness and secured a psychologist, a plastic surgeon and dentist to provide expert reports on the injuries and future medical and dental bills. Zachary's therapist, opined that Zachary's symptoms of nightmares, unpleasant thoughts, hyper vigilance, lack of interest in usual activities and social isolation, were a result of the trauma he experienced from being hit in a cross walk.Past medical bills of $22,071.48 were paid by his parents health insurance policy. Future medical bills were estimated to be $24,600.00. Larry Wall obtained a release from the parents health care insurer and settled the case for a large up front cash payment PLUS an annuity to be paid over Zachary's life time. Larry Wall recovered enough to pay all future medical and dental bills plus enough money for four years of college tuition and room and board.
DRIVER INJURED BY OVERLOADED TRACTOR TRAILER THAT RAN A RED LIGHT
Larry Wall represented a young college student in a lawsuit filed against a truck driver that ran a red light and seriously injured the student. The law suit also named two companies. The truck was driving at too high a speed under the conditions. The situation was made worse by the bad brakes on the tractor and trailer which was overloaded with gravel. The lawsuit sought compensation from all negligent parties. The lawsuit was settled without a trial and without formal mediation. This procedure resulted in significant savings to the client. The settlement was for $704,625.00. The settlement also allowed the client to collect substantial moneys from his Personal Injury Protection (PIP) benefits without deduction from the proceeds paid by insurer of Kropf Trucking.
BIG RIG-MINOR INJURIES-FAST SETTLEMENT
Larry Wall represented a client hurt by the tractor of an 18 wheeler when the driver failed to yield the right of way. This client was slightly injured when the 18 wheeler failed to yield the right of way. The injuries were not permanent and the client wanted to settle quickly and move on with his life. This was accomplished quickly by the use of a computer generated settlement system.
DELIVERY TRUCK REAR ENDS CAR CAUSING WHIPLASH INJURY
Larry Wall represented a client struck in the rear by a delivery truck when she stopped for traffic. The driver of the delivery truck said she stopped suddenly and blamed her for the fact that she was rear ended. A check of the Kansas Drivers license for the delivery truck driver revealed his license had been suspended. The owner of the business that employed him was well aware of his bad driving record. The damage to the client's vehicle was minor according to the insurance adjustor, The initial offer of $10,000.00 was rejected. Larry Wall fought the MIST defense. MIST is an acronym for (minor impact soft tissue) and is used by insurance adjustors to cheat injured auto accident victims of the true value of their claim. Larry Wall used a DVD produced by the Spine Research Institute of San Diego www.srisd.com to establish that the clients body position and direction of impact did cause a permanent injury to the ligaments and spine. The treating Doctor of Osteopathic provided a report and as a result the case settled for policy limits without the necessity of a lawsuit.
DRIVER INJURED IN A SIDE IMPACT COLLISION SUFFERS SIGNIFICANT NECK AND TAIL-BONE INJURY
Tina Huntington represented a young man who was passing through the intersection of Waco & Kinkaid when his vehicle was violently struck on the drivers side by another vehicle who failed to yield right of way. As a result the collision, the client suffered persistent neck and tailbone pain. MRI's revealed a slight loss of intervertebral disc height and bulging at C3-4, in addition to a bulging at C5-6. The claim was resolved without the necessity of suit for a substantial sum.
PREGNANT DRIVER INJURED IN A FAILURE TO YIELD RIGHT OF WAY / INTERSECTION COLLISION
Tina Huntington represented a pregnant young woman who was traveling northbound on Southeast Boulevard in Wichita, Kansas approaching the intersection of Harry and Southeast Boulevard. As she entered the intersection on a green light, a pick-up traveling southbound on Southeast Boulevard (K-15) toward her suddenly and inexplicably attempted to make a left hand turn onto Harry Street. This negligent maneuver placed him directly in the path of my client. She tried to avoid the collision but was unable to stop in time. My client, five months pregnant and suffering from abdominal pain, as well as neck and low back pain, was transported to the emergency by EMS where she was evaluated and released. Although she was treated for continued back pain and headaches, treatment options were limited due to her pregnancy. Fortunately, she delivered a healthy baby,and was ultimately released from care. The claim was resolved without the necessity of suit.
DRIVER INJURED DURING REAR END COLLISION LOSES JOB DUE TO INABILITY TO PERFORM DUTIES
Tina Huntington represented a young man who was traveling northbound. Another driver also northbound, was not paying attention to traffic, and slammed into the rear of client's vehicle. The force of the impact caused the back of client's vehicle to lift into the air before coming back down to the ground. An eyewitness, said the client's vehicle was hit so hard that it looked like it was going to flip over. MRI of the client's cervical spine, revealed straightening and even reversal of the normal lordotic curvature. Not surprising, a disc bulge was found at C6-7. During the course of his treatment, the client was placed on short-term disability and eventually was terminated from his job because he could not perform the required duties under his restrictions. The case was resolved for a substantial confidential amount prior to trial.
DRIVER SUFFERS A SEVERE EYE INJURY WHEN HIS SUN-VISOR STRIKES HIS EYE DURING A REAR END COLLISION
Tina Huntington represented a middle aged gentleman who was rear ended while stopped at a red light by an inattentive driver traveling in excess of 30 miles per hour. The client suffered a corneal abrasion & hemorrhage, as well as a cervical/thoracic strain. The defendant turned out to be uninsured. A claim was made under the uninsured portion of our client's policy. A reasonable resolution was reached without the necessity of filing a lawsuit.
DRIVER AND PASSENGER SEVERELY INJURED IN HEAD ON COLLISION CAUSED BY A DRUNK DRIVER WHO CROSSED THE CENTER LINE
Larry Wall represented Bruce and Kathy M. who were injured in a head on collision on US-160 near Medicine Lodge, Kansas. The driver was intoxicated. He had just left a bar and drove another person's car head on into their vehicle which was stopped at a red light. He was so drunk he picked the wrong car when he left the bar. Thus, he was driving a car without permission so that's car's insurance company denied coverage. Since he was driving without permission his own company also denied coverage. Larry Wall was able to recover by using the underinsured coverage that was available to his clients. Both clients were severely injured and required medical treatment. They were transported via ambulance to the hospital and after surgery and physical rehabilitation in the Pratt Regional Medical Center both were able to return to work. Because a punitive damage motion was filed and won by Larry Wall the driver of the vehicle had to contribute personally to the settlement. The driver is still making monthly payments pursuant to a promissory note and will do so for years.
DRIVER INJURED IN A REAR END COLLISION CAUSED BY A DRUNK DRIVER DRIVING AT NIGHT WITH NO HEADLIGHTS
Larry Wall represented a client who was rear ended at night by a young man who was intoxicated and was driving so recklessly that witnesses called 911 before the wreck. He had just left a bar and was driving at a high rate of speed with his light off. He was driving with permission Mustang Mach I ® provided to him by his Grandfather. His Grandfather was an insurance company defense attorney. His Grandfather claimed he had given the car to an unknown friend so he would not be responsible for a negligent entrustment claim.Larry Wall filed suit against the Grandson and the Grandfather. A punitive damage motion was filed and won. The insurance company paid a substantial sum plus the driver signed a promissory note and is still making payments to the client.
WIFE AND MOTHER OF TWO KILLED WHEN A SPEEDING TRASH TRUCK FAILED TO YIELD RIGHT OF WAY CRASHING INTO HER DRIVER'S DOOR
Larry Wall represented the husband and children of Pamela C. who was killed as she crossed the intersection of Broadacres and 6th Street in Hutchinson, Kansas. She was driving a GMC van and was en route to her home. She was killed when a speeding heavy duty trash truck crashed into her door. Larry Wall retained an expert in accident reconstruction. The driver of the speeding trash truck lied to the police investigators and claimed that Pamela C. ran the stop sign. The markings on the highway and the resting place of the vehicles after impact were analyzed by the expert and a computer recreation demonstrated that the trash truck driver's version was not factually possible. It was discovered through surveillance of the driver that he routinely sped through the intersection after the crash. Armed with surveillance and an expert report the insurance company settled for a confidential amount. The two children and the widower were able to use the lump sum cash and lifetime annuity to rebuild their lives.
DRIVER INJURED IN REAR END COLLISION, DEFENSE ARGUED SHE HAD A PRE-EXISTING MEDICAL CONDITION
Larry Wall represented a young lady that had been involved in a no injury accident three weeks before and who had also had three prior surgeries. The client was rear ended so the question of fault was clearly in our favor. However, the insurance company contended that the prior accident was the real cause of the client's symptoms and that because she had a "bad back" before she was always going to have a bad back. The case was complicated by the fact that the client had a prior criminal record. Larry Wall obtained statements form all the prior surgeons that the "bad back" argument was not accurate. In fact, one of the surgeons advised that her back was actually stronger than most people her age. The insurance adjustor offered to settle for the policy limits when confronted with the surgeon's opinion.
DRIVER AND PASSENGER INJURED WHEN A CAR CUT THROUGH A PARKING LOT TO AVOID A RED LIGHT
Larry Wall represented both the passenger and driver of a van that was struck in the side by a driver of a car that cut through a parking lot to avoid a red light. It is sometimes difficult to represent both the driver and the passenger in a case. There are rules that concern these situations. They are ethical rules and they deal with conflicts of interest. Make sure that you have a law firm that understands and follows all conflict of interest rules. In this case the passenger had a history of medical seizures and was severely injured. The driver was slightly injured. The passenger and the driver signed a waiver of conflict agreement and Larry Wall represented them both and achieved a settlement for all damages and injuries. The driver and his passenger remained friends.
DRIVER SUFFERS NECK INJURY WHILE WAITING FOR TRAFFIC TO CLEAR TO MAKE A SAFE LEFT HAND TURN AND IS REAR ENDED BY ANOTHER VEHICLE
Tina Huntington represented a middle aged gentleman who was rear ended while stopped in traffic with left turn signal on preparing to turn into a restaurant parking lot. The client suffered injury to his neck and back that led to severe headaches and numbness and tingling in his hands. He would eventually be diagnosed with cervicalgia with radiculopathy. The defendant initially attempted to claim my client did not have any break lights on. The carrier ultimately paid policy limits.
PASSENGER SEVERELY INJURED WHEN DRIVER FAILED TO YIELD TO STOP SIGN
Tina Huntington represented a young mother who was the front seat passenger in a car driven by a co-worker on a lunch break. As the co-worker attempted to cross U.S. Highway 50, she was broadsided by a westbound vehicle. The car was catapulted into the field adjacent to the highway. Our client was pinned in the wreckage and had to be extricated from the car with Jaws of Life. She sustained significant internal trauma and massive life threatening injuries. The client was rushed to the emergency trauma center with significant blood loss. Once stabilized, she received intervention and treatment for four fractures to her pelvis, four broken ribs, a punctured lung, internal bleeding and removal of her spleen. Upon release from the hospital, she was transferred to a rehab hospital where she underwent rehabilitation to learn to walk again. The claim was resolved for policy limits. An additional claim was made by outside counsel for the client for worker's compensation benefits. She was ultimately awarded benefits when it was found she was in the course of her employment as a traveling nurse.
DRIVER WHO HAD RECENTLY UNDERGONE NECK SURGERY RE-INJURED WHEN A VEHICLE NEGLIGENTLY BACKED OUT OF A PARKING STALL CAUSING A COLLISION
Tina Huntington represented a young lady who was traveling in the parking lot of the Country Mart when she was struck by another driver attempting to back her vehicle out of a parking stall. The other driver stepped on the accelerator instead of the brake, rapidly backing out of the stall and colliding with the rear drivers side of my client's vehicle. Upon impact, the client felt a "pop" followed by neck pain and numbness of the left side of her face, neck, left shoulder, arm and leg. A CT scan revealed displacement of her anterior cervical plating system and screws from a prior surgical repair. She stabilized and underwent surgery for removal of the displaced plate and insertion of a new cervical plate at C5, C6 and C7. The claim was resolved for policy limits in addition to a waiver for reimbursement for personal injury benefits (PIP) paid under the client's personal policy.
BACK SEAT PASSENGER INJURED IN REAR END COLLISION AT STOP LIGHT
Tina Huntington represented a young woman who was the restrained back seat passenger in a vehicle driven by her Mother-in-law. The Mother-in-law's vehicle was stopped at an intersection of in Great Bend, Kansas. A second driver was also traveling directly behind. The defendant was busy talking to her passenger and did not realize the traffic in front of her had stopped. Her vehicle slammed into the rear of the Mother-in-law's vehicle causing property damage and considerable injury to our client. She began to experience daily headaches was thought to have suffered a cervical strain. She would spend the next 18 months receiving chiropractic and physical therapy. The case was resolved prior to filing suit.
POLICE OFFICER STRUCK BY VEHICLE DURING A TRAFFIC STOP, DRUNK DRIVER WHO WAS TEXTING
Tina Huntington & Larry Wall represented a police officer who was outside of his vehicle while assisting another police officer with a traffic stop, when he was knocked to the hood of his patrol car and then to the ground when his patrol car was struck by a vehicle passing the scene. The driver of the vehicle admitted he was texting on his cell phone at the time of the incident. Lab results would later reveal he was also under the influence of alcohol. The officer suffered a left tibial fracture requiring open reduction and internal fixation. The claim was resolved for policy limits.
WRONGFUL DEATH CLAIM BROUGHT ON BEHALF OF CHILDREN OF A PASSENGER KILLED IN A SUBURBAN / TRAIN COLLISION AT A PRIVATE CROSSING
Tina Huntington was co-counsel on a lawsuit brought against BNSF Railway Company and the driver of a suburban as a result of a truck-train collision in Cedar Point, KS. Both the driver and passenger of the suburban were killed upon impact. A claim was brought on behalf of the four minor children of the passenger of the suburban. The collision occurred at a private crossing with bucks signs erected by B.N.S.F. Railway Company. The case was resolved to the mutual satisfaction of the parties through mediation.