Case Results
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Verdicts & Settlements
Below are some examples of medical malpractice and personal injury cases in which our firm has secured either a jury verdict or a settlement for our clients.
$13.5 Million Jury Verdict
Our firm secured a $13.5 million settlement for the family of a child who suffered catastrophic injuries due to medical negligence during a routine procedure at a Pittsburgh-area hospital. Despite clear signs of fetal distress and maternal complications, the healthcare team failed to take timely and necessary steps to ensure the baby’s safe delivery. This preventable delay led to severe hypoxic-ischemic brain injury and permanent disabilities. We fought tirelessly to hold the medical providers accountable and to secure justice and financial support for the family’s ongoing care needs.
$10.83 Million Jury Verdict
Our client was a man who suffered permanent brain damage after an allergic reaction during an MRI led to cardiac arrest (co-counseled with Attorney Gregory Unatin). The top settlement offer was $3 million.
Brendan Lupetin and Gregory Unatin represented the Miller family in a medical malpractice lawsuit against Tyrone Hospital in Blair County, Pennsylvania. After three years of litigation the case came to trial in the Court of Common Pleas of Blair County. Christopher suffered permanent brain damage during an MRI at Tyrone Hospital.
$6.3 Million Jury Verdict
Our client in this case was Brand Marketing Group (BMG) against Intertek Testing Services after one of their subsidiaries botched the testing of his newly unveiled space heater – the Thermablaster.
BMG finally realized the benefit of a relationship cultivated with Ace Hardware since 2009 when in mid-2011 Ace decided to place an order for 4000 Thermablaster heaters. Meanwhile, Interetek, the self-described “leading provider of quality, safety, testing, inspection and certification” held out to Mr. Brand that he should trust their years of knowledge and expertise to assure the Thermablaster met the applicable safety standard and would be safe for homes across the United States. However, and unknown to Mr. Brand, the particular standard applicable to his heater was a standard which Intertek had never tested to before. (co-counseled with Attorney Greg Unatin.)
$3.2 MILLION JURY VERDICT
Our client was a prominent oral surgeon who slipped and fell in an operating room that had recently been wet mopped by janitorial staff. The defendant, St. Vincent Surgery Center, had a policy of not placing wet floor signs while mopping. Two years before our client fell another healthcare worker had slipped, fallen, and been injured under similar circumstances. The Surgery Center vowed to fix the problem by always placing wet floor signs. Unfortunately, the intended change in policy was never communicated to the custodial staff. As a result, they continued to mop the old way by not setting out wet floor signs until after active mopping was completed. Due to his injuries, our client was forced to medically retire at least two years earlier than he had planned. He sustained a significant income loss. We also proved a substantial claim for pain and suffering as well as the loss of ability to do the work he loved.
Brendan Lupetin and Maggie Cooney tried this case together before Judge Erin Connelly Marucci in the Court of Common Pleas of Erie County Erie County.
$2.2 MILLION JURY VERDICT
A Pennsylvania vascular surgeon negligently delayed surgical treatment of a man suffering from critical limb ischemia. Due to the negligent delay, the man suffered an above the knee amputation. The original offer before trial was $125,000. This was one of the largest verdicts in the history of Indiana County, Pennsylvania. This case was worked up by Greg Unatin, and tried to verdict by Greg Unatin, Brendan Lupetin, and Garrett Trettel.
$2.1 Million Jury Verdict
This case was against Target Corporation for a woman who slipped on spilled soda and ruptured her hamstring. The top settlement offer was $85,000.
Melissa Horton slipped and fell in a Target store in Allegheny County after a soda bottle fell on the floor. Target employees coned off the area and began mopping, but they were mopping outside the coned area, causing Melissa to eventually fall. Her fall resulted in a serious injury to her right hamstring, requiring repair surgery and a long recovery period in a body brace, during which she couldn’t perform normal daily activities.
After a three-day trial and a day of deliberation, the jury found Target responsible for the slip and fall due to their negligence. The verdict awarded Melissa $2.1 million in damages, with $1.4 million for past damages and $700 thousand for future damages. Target denied fault, claiming that Melissa’s own actions and lack of attention caused the incident. They argued that she was not paying attention to where she was walking and walked near the spill area, despite ample warning and the area being closed off. However, the jury disagreed with Target’s defense and held them accountable for their actions, resulting in significant financial consequences for the retail store.
$12.5 Million Settlement
Surgical Error / Disc Replacement
Our client, a husband and father in his mid-30s, was experiencing discomfort in his right arm due to a radiculopathy caused by a C5-C6 cervical disc herniation. Despite being generally healthy and physically fit, he sought the advice of a neurosurgeon. The neurosurgeon recommended surgery involving a C5-C6 discectomy with artificial disc replacement. Unfortunately, during the procedure, the neurosurgeon made an error and inserted the artificial disc device beyond the intended level of the vertebral bones in the spine. As a result of this mistake, our client’s spinal cord was crushed by the device, leading to irreversible injury and paralysis from the neck down.
Following the incident, our client underwent rigorous physical and occupational therapy over the course of a year, hoping to regain some of his preoperative functioning. Although he made considerable improvements, he remains confined to a wheelchair with significant physical deficits. Understanding the severity of the situation, the attorneys at Lupetin & Unatin collaborated with esteemed medical experts to establish a case of malpractice. The evidence overwhelmingly supported our client’s claim, resulting in a substantial settlement that will provide ongoing support for him and his family throughout their lives.
$6.5 million settlement
Medical Malpractice / Birth Injury
Our clients were the parents of a five-year-old boy who suffered a brain injury in utero just before birth. On the day of his birth, the child’s mother was admitted to a community hospital in Western Pennsylvania for induction of labor. A nurse placed a device on the mother called a fetal heart rate monitor. A fetal heart monitor uses ultrasound to display a tracing of the baby’s heart rate on a TV monitor. Before giving medication to a pregnant patient to induce labor, nurses need to make sure the fetal heart rate pattern displayed on the monitor is normal. If nurses find the fetal heart rate is abnormal, they should withhold medication to induce labor because it could harm the fetus.
Regrettably, nursing staff failed to notice concerning changes in the fetal heart rate and wrongly administered a medication to induce labor known as Cervidil. Over the next two hours, the heart monitor showed the fetal heart rate was gradually dropping and going through prolonged decelerations. These were warning signs that the fetus was not getting enough oxygen in utero. Unfortunately, nurses did not promptly recognize these warning signs or report them to the on-call obstetrician. An emergency cesarean section was not performed in a timely manner, and the baby’s brain was deprived of oxygen for too long. As a result, the child was left with permanent physical and cognitive disabilities, and dependent on tube feeding likely for the rest of his life.
$5 Million Settlement
Medical Malpractice / Delayed Diagnosis of Epidural Abscess
Our client was a 52-year-old man left paralyzed and with constant, severe neurologic pain due to the delayed diagnosis of a spinal epidural abscess and spinal cord compression. The patient presented to the emergency department of a rural Western Pennsylvania hospital where a CT scan showed worrisome findings involving his thoracic spine. The patient was transferred to a different hospital where he developed progressively worsening back pain, weakness, and sensory changes in his legs. No imaging of the spine was performed for almost two-days while the patient’s neurologic function deteriorated. By the time an MRI was completed and doctors discovered the epidural abscess, the patient had developed irreversible injury from compression of his spinal cord. Our client was left unable to move his legs and with frequent, painful spasms in his lower body due to the destruction of his spinal nerves and nerve roots. Unfortunately, the patient lost his ability to live independently and was dependent for nearly all activities of daily living.
$4.5 Million Settlement
Medical Malpractice / Paralysis
Our young client, an adorable 7-year-old girl, sustained an elbow injury while practicing gymnastics at home. Concerned for her well-being, her parents promptly took her to the emergency room, where x-rays revealed a supracondylar humerus fracture just above her right elbow. As a result, she was admitted to the hospital and underwent surgery the next morning to realign and stabilize the fracture.
Post-surgery, medical professionals noticed that while her right hand exhibited a healthy pink color, she lacked a pulse in her right wrist. Furthermore, she experienced a complete loss of finger movement and reported an absence of sensation throughout her hand. Regrettably, her condition did not show any signs of improvement within the following 24 hours. Nevertheless, she was discharged from the hospital with instructions for a follow-up appointment scheduled two weeks later.
During the two-week appointment, it became apparent that our young client’s hand remained paralyzed, devoid of any sensation. Further investigation revealed that the surgery intended to fix her fracture inadvertently compromised the blood supply to her right hand and forearm. This unfortunate outcome resulted in extensive damage to the muscles and nerves in her right arm. As a result, she required an additional complex salvage procedure. Tragically, she was left with permanent functional deficits in her right forearm and hand.
To address this case of malpractice, the attorneys at Lupetin & Unatin collaborated with esteemed medical experts, who presented overwhelming evidence in favor of our client. As a consequence, a substantial settlement was reached, which, due to her age, will be held in trust. The financial compensation will cover her college and post-graduate education expenses, ensuring her financial security throughout her life.
$2 Million Jury Verdict
Surgical Error / Bile Duct Injury
Our client in this case was a woman injured by a botched gallbladder removal surgery . The defendant never offered any money to settle this claim before trial.
Denise Westwood received a $2 million medical malpractice verdict after suffering a bile duct injury during a botched gallbladder surgery. Dr. Charles N. Lebovitz was ordered by a jury to compensate Denise Westwood for the problems she experienced following the surgery. The injury resulted in permanent damage to her biliary system and liver, causing multiple hernias and requiring additional corrective surgeries. Westwood lost her job as a nurse’s aide due to the resulting injuries, which limited her ability to lift heavy objects. The lawsuit claimed that Dr. Lebovitz failed to follow proper medical procedures and took shortcuts during the surgery. The jury found him negligent and awarded Westwood $750,000 for past damages and $1.25 million for future losses.
$2.75 million settlement
Our client was a young woman left with permanent blindness due to the delayed diagnosis of a large brain tumor. In her teens, the young woman experienced frequent headaches which she reported to her primary care providers and optometrist. The young patient also had unexplained visual field loss and other visual symptoms like light flashes which were uncharacteristic of a healthy teenager. These worrisome findings should have prompted referral for brain imaging which would have revealed the brain tumor. The tumor was diagnosed and treated days if not hours before it took the patient’s life, though it left her with permanent disability and irreversible vision loss.
$2.7 million settlement
Medical Malpractice / Delayed Abdominal Cancer Diagnosis
$2.7 million settlement
Our client was in his early 30’s when he presented to an emergency department outside of Pittsburgh with signs and symptoms of shock, including weakness and low blood pressure. Lab work confirmed the patient was likely suffering from shock. A chest x-ray showed an enlarged heart and raised concern for a condition called cardiac tamponade. Cardiac tamponade is a life-threatening condition caused when the heart is compressed due to the build-up of fluid inside a sac surrounding the heart. This build-up of fluid around the heart is called pericardial effusion, and in our client’s case was related to an infection.
Our primary theory of negligence focused on multiple delays in evaluating our client after he arrived at the hospital. The most critical delay was the delay in performing an echocardiogram of the heart as soon as doctors suspected cardiac tamponade. An echocardiogram would have allowed a cardiologist to promptly confirm the presence of pericardial effusion and drain the fluid from around the heart. Instead, our client suffered a preventable cardiac arrest due to prolonged shock. Fortunately, our client was revived from his cardiac arrest. Though he would never be the same due to severe lack of oxygen to his brain. Our client underwent months of rehabilitation to re-learn how to speak, stand, and walk. Despite a miraculous recovery, our client was left with permanent cognitive and physical disabilities which deprived him of an independent life.
$2 Million Settlement
Our firm secured a $2.0 million settlement on behalf of the family of a forty-year-old man who presented to the emergency department of a local hospital four-times over five-weeks with complaints of persistent headaches, nausea, vomiting, and fever. Based on his history, symptoms and lab results, the patient should have received the gold-standard test to diagnose meningitis. Instead, the patient was repeatedly diagnosed and treated for migraines despite never having migraines in the past. The patient was eventually admitted to the hospital with worsening symptoms, but his attending neurologist did not order a lumbar puncture until the man developed seizures and became non-responsive. Unfortunately, his untreated brain infection led to increased intracranial pressure and irreversible brain injury resulting in death.
$2 Million Settlement
Medical Malpractice / Delayed Diagnosis of Spinal Cord Injury
Our firm secured a $2 million settlement for an elderly man who suffered permanent quadriplegia due to delayed diagnosis and treatment of a spinal cord injury. Despite presenting to the emergency department with clear symptoms of spinal trauma, including pain, weakness, and neurological deficits, healthcare providers failed to promptly diagnose a cervical spine fracture and epidural hematoma. This delay in care resulted in the progression of the injury, leading to irreversible spinal cord compression and paralysis. Through vigorous litigation, we obtained justice for our client, holding the responsible parties accountable and providing the resources needed for his long-term care and support.
$2 Million Settlement
Surgical Error / Spinal Surgery
Our firm secured a $2 million settlement for a woman whose endometrial cancer diagnosis was significantly delayed due to medical negligence. Despite presenting with symptoms of post-menopausal bleeding and a family history of uterine cancer, her physician failed to obtain an adequate biopsy sample and did not communicate the inconclusive results. As a result, the cancer progressed to Stage III before being diagnosed, requiring aggressive treatment and drastically reducing her life expectancy. This settlement provides financial support for the client’s extensive medical care and serves as a reminder of the critical importance of timely and thorough medical evaluation.
$2 Million Settlement
Medical Malpractice / Delayed Endometrial Cancer Diagnosis
$2 Million Settlement
Medical Malpractice / Misdiagnosed Aortic Dissection
$2 Million Settlement
Workplace Accident / Gas Line Explosion Injury
Our firm successfully secured a $2 million settlement for a 41-year-old contractor who suffered severe injuries in a gas line explosion during a pipeline replacement project. Due to the negligence of the supervising utility company and its failure to follow proper safety protocols, a pressurized section of the pipeline was left unattended and unmarked. When our client began cutting into the pipe as instructed, the end cap exploded, causing catastrophic injuries to his right leg that required multiple surgeries and left him permanently disabled. This settlement provides financial support for our client’s ongoing medical care and living expenses, while holding the responsible parties accountable for their safety failures.
$1.7 Million Settlement
Surgical Error / Spinal Surgery
$1.7 Million Settlement
Medical Malpractice / Delayed Diagnosis of Lung Cancer
Our firm secured a $1.7 million settlement for the family of a woman whose lung cancer diagnosis was delayed due to a surgeon’s failure to review critical findings in a radiology report and the radiologist’s failure to notify the patient or surgeon about the findings. The radiology report noted a suspicious lung mass highly indicative of cancer, but the incidental finding was neither acknowledged nor communicated to the patient. As a result, her cancer went untreated for 14 months, during which it progressed to an advanced, incurable stage and metastasized to her brain. Despite extensive treatment, she passed away in 2018. This settlement provides justice for the family and emphasizes the importance of thorough and timely medical care.
$1.5 Million Settlement
Medical Malpractice / Delayed Diagnosis of Lung Cancer
$1.1 Million Settlement
Product Liability / Defective Medication
Our firm secured a $1.1 million settlement for the grieving parents of a nine-month-old infant who tragically passed away due to a contaminated liquid medication. The medication, prescribed during the child’s hospitalization, was found to be tainted with a dangerous bacterium due to manufacturing defects. The contaminated product caused a severe infection, leading to the infant’s untimely death. Through thorough investigation and litigation, we held the manufacturers and distributors accountable for their negligence, providing justice and financial support for the family during an unimaginably difficult time. This case highlights our dedication to protecting consumers from harmful products and pursuing justice for preventable losses.
$1 Million Settlement
Medical Malpractice / Misdiagnosed Neonatal Condition
$1 Million Settlement
Medical Malpractice / Pulmonary Embolism
Our firm secured a $1 million settlement for the family of a 33-year-old man who tragically passed away due to a missed diagnosis of a life-threatening pulmonary embolism. Despite presenting to the emergency department with clear symptoms, including shortness of breath, severe pain, and abnormal vital signs, medical providers failed to conduct timely diagnostic tests or administer necessary treatment. This delay in care led to his sudden cardiac arrest and death just hours later. Through dedicated advocacy, we held the responsible healthcare providers accountable, providing financial support and justice for his grieving family.
$1 Million Settlement
Workplace Accident / Forklift Accident
Our firm secured a $1 million settlement for a truck driver who suffered a traumatic leg amputation after being struck by a reversing forklift at a loading facility. The forklift operator failed to properly check the area behind the vehicle, and the forklift’s backup alarm was obstructed, significantly reducing its effectiveness. The injury occurred despite the facility’s safety protocols, which were not enforced at the time of the incident. Through thorough investigation and litigation, we demonstrated that the operator’s negligence and inadequate safety measures directly caused the accident. This case was challenging because our client initially told first responders that he was at fault for the incident. We consulted with world-class forklift experts to prove that our client did not contribute to his own injuries. This settlement provides our client with the resources needed to adjust to life after such a devastating injury and reinforces the importance of workplace safety.
$750k Settlement
Surgical Error / Failure to Remove Surgical Equipment
Our firm secured a $750,000 settlement for a patient who suffered severe complications after a surgeon failed to remove a peritoneal dialysis catheter entirely during a removal procedure. The surgeon negligently left 17 inches of catheter inside the patient’s abdomen, leading to years of pain, abdominal discomfort, and ultimately, a medical emergency requiring significant surgery. The retained catheter caused a perforated colon, necessitating an exploratory laparotomy and bowel resection. This settlement provides justice for our client’s suffering and ensures financial support for ongoing medical care and recovery.
$625k Settlement
Workplace Accident / Construction Site
Approximately 15 months later, our client underwent another CT scan of her chest, which showed alarming growth in the original lung mass and metastasis to nearby lymph nodes. The radiologist interpreting the second scan compared the findings to the initial CT scan and acknowledged the presence of the lung mass at that earlier time. Subsequently, our client had to undergo further medical tests to determine the extent and stage of her cancer, only to discover that the cancer had spread to her brain.
In light of these devastating circumstances, the legal team at Lupetin & Unatin sought consultation from expert radiologists and oncologists. Through their expertise, we were able to establish a case of medical malpractice, attributing the radiologist’s negligence as the cause of our client’s diminished chance of survival by approximately 75%. As a result of our compelling case, the defendant doctor and hospital agreed to settle with our client.
$450k Settlement
Medical Malpractice / Delayed Diagnosis of Multiple Sclerosis
Our firm successfully secured a $450,000 settlement for a client who suffered a significant delay in the diagnosis and treatment of multiple sclerosis (MS) due to the negligence of her family practice doctors. Despite presenting with neurological symptoms, including double vision and facial drooping, the defendant doctors failed to act on MRI results showing signs of MS. The failure to timely diagnose and treat the condition led to the progression of the disease, causing irreversible neurological damage and an increased risk of long-term disability. After extensive litigation, we obtained a fair settlement to compensate our client for her pain, suffering, medical expenses, and the permanent impact on her quality of life.