| $2.95 million settlement reached in brain surgery medical malpractice case |
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| Diana Alvarez*, 38 years of age, was a mother of three beautiful children. Diana, and her husband Ricardo, did their best to make sure they provided for their family; Ricardo worked while Diana stayed home to raise their youngest child who had special needs.
In October, Diana noticed her vision becoming blurry. After following up with a few physicians, they discovered a benign growth in her brain that was disrupting her optic nerve. Three weeks later, she was admitted to a National Hospital Chain for surgery to remove a large, subfrontal meningioma. The next day, a bifrontal craniotomy was performed by Dr. Ronald Dexter with removal of the large, subfrontal brain tumor. Post operatively, Diana Alvarez was admitted to the intensive care unit where Dr. Dexter and intensivist, Dr. Gerald Pixter, managed her care.
Three days later an endocrinology consultation was ordered by Dr. Pixter. Dr. Jennifer Vick completed the consultation and ordered DDAVP to be administered every 12 hours. Mrs. Alvarez continued to have motor changes and CT findings, which were consisted with her having experienced a stroke.
Five days after her surgery, the nursing records indicate that Mrs. Alvarez was “hard to arouse” and her Glasgow Coma Scale had decreased from a 13 to a 6. Dr. Pixter was called to evaluate Mrs. Alvarez’s mental status, change and decreased level of consciousness. Approximately 90 minutes later Mrs. Alvarez was taken for a CT scan of the brain and returned to her room. Thirty minutes later her oxygen saturation levels had significantly decreased and efforts to resuscitate her began. Within a few hours of the CT scan, Mrs. Alvarez was determined to be brain dead. She died approximately 3 days later.
Ricardo came to David Sampedro looking for answers. Ricardo explained that following the surgery Diana appeared to be doing well and continued to improve until she began to unexplainably becoming lethargic. A review of the records suggested that there were neurological changes that the nurses failed to communicate to the physicians. Also, it appeared that they physicians mismanaged Diana’s sodium levels which contributed to added swelling in Diana’s brain. Finally, when Diana was unresponsive Dr. Pixter sent her to have a CT and chose not to protect her airway by having her intubated.
The case was set for trial and mediated on two separate occasions. Eventually, the case was settled for a total of $2.95 million. With this money, Ricardo was able to purchase a safe and stable home to continue raising his children. In addition, an annuity was created to help the children with their future educational needs.
*The names of the parties have been changed as a result of a Confidential Settlement Agreement. |
Panter, Panter & Sampedro Signs on as Major Sponsor of the PBA Computer Lab at Palmetto Middle School
Recently, the Pinecrest Business Association partnered with the Palmetto Middle School PTSA in an effort to raise funds to furnish the school’s computer lab with 35 new computers. Panter, Panter, & Sampedro signed on as the drive’s major sponsor with its contribution of over 10 computers.
“In today’s world, technology and education go together more than ever,” said Mitch Panter managing partner of Panter, Panter & Sampedro. “We are overjoyed to support the students in our community’s public schools by helping them have the ability the to learn using up-to-date technology.”
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Zach McWilliams Re-Elected to Board of Directors for Miami-Dade County Trial Lawyers Association
In December, Zachary McWilliams was re-elected to the board of directors for the Miami-Dade County Trial Lawyers Association. The Association is dedicated to the pursuit of justice, individual rights, access to courts, education and trial advocacy. For more information on about the Association, please visit: http://miamidadejustice.org/
Zachary’s primarily works in the firm’s first-party department. If you have any questions, he can be reached directly at zmcwilliams@panterlaw.com.
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What’s the first step of a medical malpractice case?
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| NOTE: The accounts of recent trials, verdicts and settlements contained in this newsletter are intended to illustrate the experience of the firm in a variety of litigation areas. Each case is unique, and the results in one case do not necessarily indicate the quality or value of any other case. |
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Panter, Panter & Sampedro, P.A., is an A.V. rated law firm comprised of highly experienced trial lawyers with more than 86 years of combined experience. The firm welcomes referrals from other lawyers and honors the Florida Bar rules related to referral fees. Panter, Panter & Sampedro, P.A., is dedicated to protecting Florida’s families in the areas of catastrophic injury and wrongful death when dealing with personal injury, premises liability, medical malpractice, nursing home neglect, product liability, aviation, defective medical devices, and mass tort.
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Panter, Panter & Sampedro is accepting pharmaceutical and medical device cases including:
Meridia (heart attack and strokes);Fentanyl Pain Patch (accidental overdose); Accutane (Inflammatory Bowel Disease);Bextra (Stevens Johnson Syndrome; heart attack; stroke); Nuva Ring (deep venous thrombosis);Yasmin and Yaz (Deep Vein Thrombosis, pulmonary embolism, heart attack, stroke, kidney failure);DePuy Hip Implants (pain, swelling, or difficulty walking). Call us for more information:(305) 662-6178 or Toll Free: (800) 593-6178.
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