Woman Receives $425,000 After Orthopedic Surgeon Used the Wrong Implant
On August 18, 2014, Jeanette Darden consulted with Dr. Theodore Lyons because of an incessant pain she felt in her right knee that she had been experiencing over the past year. [i] Dr. Lyons noted that Jeanette had a complicated medical history, including a leg length discrepancy and numerous previous surgical procedures. Dr. Lyons’ own medical examination revealed that because of Jeanette’s complicated medical history, she would require a special type of surgery.
On October 7, 2014, Dr. Lyons performed a right total knee arthroplasty. Unfortunately, when Dr. Lyons performed the surgery, he was ill prepared. The hardware he was supposed to remove from previous surgeries could not be removed because he had not appropriately prepared to do so. As the months progressed, Jeanette continued to have significant discomfort, weakness and pain – even worse than what she had previously experienced. Eventually, Jeanette sought the medical care and treatment of other doctors who confirmed that Dr. Lyons techniques were less than appropriate and his decision to use an inappropriate implant contributed to Jeanette’s pain and discomfort.
With nowhere else to go, Jeannette spoke with a friend who is an attorney almost two years after her initial surgery. That attorney referred Jeanette to David Sampedro at Panter, Panter & Sampedro. David had the medical records reviewed by another independent orthopedic surgeon who determined that Dr. Lyons had not prepared Jeanette appropriately for her surgery and had used the wrong implant when operating on Jeanette. David sent Dr. Lyons and his practice, a notice of intent. A notice of intent is a formal notification required by statute advising a patient’s intent to file suit against the doctor. Upon receipt of the notice of intent, Dr. Lyons contacted an attorney who shortly thereafter admitted responsibility and requested a pre-suit mediation. Within several months, the matter was resolved for a total of $425,000. The money will be used by Jeanette to help pay for her future surgery and for the time she will be required to miss work from Dr. Lyons’ mistake.
[i] The names of all parties have been changed to protect their confidentiality.
PPS Attends Active Life Expo in Pinecrest
On Sunday, April 29th, Panter, Panter & Sampedro attended the Active Life Expo held at the Pinecrest Community Center. The event included various resources for the community such as fitness, legal, real estate, caregiving and more! Senior Games Medalist Winner, JoAnn Sampson was the Keynote Speaker. An inspiring figure, Sampson won her first gold medal at age 62. Now at age 77, she is still competing in track and field events. From dedicating her career to teaching, and now a champion in her sport, we applaud you, JoAnn Sampson, for being an inspiring force for us all!
Panter, Panter & Sampedro, along with McLuskey, McDonald & Hughes and The Reyes Law Firm, had the honor of hosting a fundraiser to elect Carlos Lopez for Circuit Court Judge at our office on April 19th. We are proud to announce that Carlos Lopez was unopposed in his election bid and will shortly be installed as a Circuit Court Judge.
On Friday, April 13th, Panter, Panter, & Sampedro supported Garrett’s Fight Foundation for a fun-filled evening of pro wrestling activities at Sway Nightclub.
Students from Miami Killian High School won 2nd Place at the annual We The People: The Citizen and Constitution district finals! They demonstrated their knowledge of the U.S. Constitution in a simulated congressional hearing with guidance from our very own Mitch Panter
Keep Miami Streets Safe, #DriveKind
Have you taken the pledge to #DriveKind? Help make Miami streets safe by curbing aggressive and distracted driving. Take the pledge to #DriveKind at panterlaw.com/drivekind
|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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ACTOS, ACTOplus met, ACTOplus Met XR, and Duetact
Bair Hugger Warming Blankets
Bard IVC Filter
(Heart and Lung Perforation Hemorrhagic Pericardial Effusion)
(Chronic Diarrhea Nausea and Vomiting Sprue-Like Enteropathy)
Bisphosphonates – Boniva and Fosamax
Fluroroquinolone Antibiotics – Levaquin, Cipro, Tequin, and Avelox
Januvia, Janumet, Byetta, and Victoza
(Pancreatic Cancer Thyroid Cancer)
Laparoscopic Power Morcellator
Metal-on-Metal Hip Implants – DePuy, Zimmer, Biomet, and Wright Medical
(Device Failure and Loosening Inflammatory Response Metallosis)
(Device Migration, Organ Obstruction, Organ Perforation, Peritonitis, Device Erosion)
Propecia and Proscar
(Sexual Dysfunction, Male Breast Cancer)
Stryker Rejuvenate, ABG II, and Accolade Hip Implants
(Premature Device Failure, Metallosis, Inflammatory Response)
(Blood Clots, Heart Attacks, Stroke)
Transvaginal Mesh, Bladder Slings, and TVT Tape
(Tissue Erosion and Device Failure)
Xarelto and Pradaxa
(Uncontrollable Bleeding Death)
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