Practice Area Category: Medical Malpractice
An 8 year-old boy contracted an infection when antibiotic therapy was stopped at the direction of his pediatric urologist, resulting in permanent kidney damage and the need for a kidney transplant. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., reviewed thousands of documents and developed strong theories supported by the boy’s medical history. Despite the complexity of the case and an aggressive defense from the doctor and hospital, a successful verdict was achieved.
The law firm of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., settled a case for $14,000,000 for the failure to properly monitor vital signs that resulted in death.
A 45-year-old woman who received a series of epidural injections to her cervical spine and developed an epidural abscess that went undiagnosed until it caused a permanent spinal cord injury. Due to the delay in diagnosis and treatment, our client will be walker and wheelchair bound. Kenneth Rothweiler and Nancy Winkler secured a $14 million recovery that will afford her the opportunity for a full life.
Despite complaints of pain and other symptoms by the patient, emergency room physicians failed to order a CT scan that would have revealed a tumor pressing on her brain. Now, the single mother is blind, paralyzed, and brain-damaged requiring 24-hour care. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., argued that the brain tumor could have been easily detected on any of her earlier visits, facilitating removal of the tumor and enabling her to lead a normal life. This award will help to provide proper care for this young mother and ensure her daughter is supported for the rest of her life.
Partners Ken Rothweiler and Daniel Jeck resolved a medical malpractice action in Philadelphia just prior to trial arising from the failure by Obstetricians at a local hospital to recognize and appreciate a pattern of non-reassuring fetal heart rate tracings that warned of significant fetal cord occlusion or blockage in a timely manner. As a result of the failure to perform an expedited delivery, our client suffered severe and permanent neurological injuries from hypoxia (lack of oxygen) sustained towards the end of her mother’s labor.
After surgery for an abnormally curved spine, a 7-year-old girl was transferred to the Pediatric Intensive Care Unit (PICU) to recover. As is proper procedure, the patient was restrained using soft wrist restraints to guard against her removing her breathing tube (a normal reaction when patients regain consciousness). Within hours of arriving at the PICU, the restraints were removed. When she awoke, she removed her breathing tube. She stopped breathing and her heart stopped. She was resuscitated, but oxygen deprivation caused permanent damage to her spinal chord. She has lost the use of her legs, cannot control bladder or bowel function and faces a lifetime of health complications. Her future medical needs will exceed $4 million. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., achieved a multi-million dollar settlement after two mediations.
After experiencing respiratory problems, a 10-week-old boy was taken by his mother to a local emergency room. The physicians failed to diagnose his illness and improperly discharged him. After his release, the baby experienced seizures which caused severe, permanent brain damage. When the boy was 4 years of age, Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., filed a claim on his behalf. After just one week of trial, the firm recovered a large settlement, which is to be placed into trust for the child’s future care.
Labor and delivery nurses failed to recognize and react in a timely way to fetal heart rate abnormalities that can often precede uterine rupture. After several weeks of trial where liability was aggressively contested, Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., proved that the nursing staff, undergoing a shift change, decided to wait before notifying the attending physician to evaluate the patient. As a result, Cesarean delivery was delayed until after the rupture had occurred and tragically the newborn suffered permanent and severe neurologic injuries.
A 55-year-old city worker underwent surgery to remove a tumor on his esophagus and received pain medication through an epidural catheter inserted in his back after surgery. A few days later, when the nurse removed the catheter, she notified the surgeon of pus at the site and the doctor ordered an antibiotic to fight infection. Over the following days, the patient developed fever, elevated white blood cell count and redness at the site of the epidural—common signs of infection. Finally, after four days, the doctor scheduled the patient for an MRI. Tragically, due to the untreated MRSA infection, the patient had already become paralyzed from his chest down before the MRI could be performed. After one day of trial, Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., reached a settlement by arguing that the negligence of the surgeon and hospital caused a tragedy, which clearly should have been avoided.