Eisenberg, Rothweiler attorneys, Ken Rothweiler, Dan Jeck, and Brian Hall achieved an $11.2 million dollar jury verdict for a young woman who was turned away from local emergency rooms although she was suffering from a brain tumor. In the case of Montanez v. Temple University Health System, Yanira Montanez was awarded $7.2 million for past and future medical care and loss of earnings and $4 million for past and future pain and suffering. The Emergency Room physicians failed to order a CT scan despite neurological complaints caused by a tumor that was pressing on Ms. Montanez' brain. Had the diagnosis been made sooner and a CT scan ordered on any of her visits the brain tumor would have been discovered and removed. The simple operation would have removed the tumor and she could have gone on to lead a normal life; instead Ms. Montanez is now blind, paralyzed, and brain-damaged. The single mother needs twenty four hour care and although still strong in spirit, her mental capacity is that of a twelve year old. Perhaps the saddest of the story is that she can no longer look into her daughter's eyes and tell her that she loves her. The jury agreed with Mr. Rothweiler, Mr. Jeck, and Mr. Hall and awarded the young mother $11.2 million dollars that will be used to put proper care in place for the mother and ensure her daughter is supported for the rest of her life.
The Legal Intelligencer, The Philadelphia Inquirer, and KYW all have stories on this tragedy. Stephanie Stahl of the CBS 3 Eyewitness news has also interviewed Mr. Rothweiler about this landmark case and the quality of care received by many uninsured and under-insured individuals in emergency rooms.