Shevlin Smith, P.C.

$1.9M

Medical Malpractice

Jury verdict for plaintiff in lung cancer case. The plaintiff is a 70-year-old man with a history of melanoma. His dermatologist ordered periodic chest imaging studies to conduct surveillance for possible metastasis of the melanoma. On Aug. 1, 2006, a chest CT scan ordered by the dermatologist was interpreted by the defendant radiologist. The radiologist reported back to the dermatologist that there were no findings of malignancy, but he did see evidence of prior asbestos exposure. Plaintiff had many pleural plaques (benign lesions) from asbestos exposure in his lungs. Plaintiff’s expert radiologists testified that the defendant should have interpreted this film as raising high concern for malignancy since a nodule in the lower lobe of the left lung had shown significant interval change in size and shape from a prior CT scan done in 2003 and was not a pleural plaque. The CT scan in 2006 did not show enlarged lymph nodes and, therefore, the plaintiff was a clinical Stage I lung cancer patient at the time. The cancer was diagnosed 28 months later via a CT angiogram ordered for possible peripheral vascular disease. At that time, plaintiff was determined to have Stage III-A lung cancer because the cancer had spread to lymph nodes.

$285,658

Traffic Accident

Motor vehicle crash victim wins jury award. We represented a client injured in a motor vehicle crash in Fairfax County. The crash resulted from the defendant running a red light, and making a left-hand turn in front of his client’s car. Our client suffered a hangman’s fracture of the C2 vertebra that did not require surgery. The fracture did not heal perfectly, however.

$2.2M

Medical Malpractice

Jury verdict in wrongful death case following hiatal hernia repair. We represented the estate of a 49-year-old woman. She was a single mother of a 17-year-old daughter. The mother died as a result of complications that occurred during surgery. In 2007, the mother underwent a surgical procedure to treat gastroesophageal reflux and to repair a hiatal hernia. A composix mesh was used to reinforce the area of the hiatal hernia repair. The defendant surgeon used helical tacks (which resemble corkscrews in appearance) to affix the mesh to the diaphragm through the use of a surgical instrument known as the Autosuture ProTacker. Both the FDA and the manufacturer of the Autosuture ProTacker warned against the use of these tacks in areas where tissue could be compressed to a thickness of 4 mm or less and vital organs were in close proximity. Because the diaphragm is less than 4 mm in thickness directly underneath the heart, both the FDA and the manufacturer specifically warned against the use of these tacks when affixing mesh in this area. The defendant surgeon ignored these warnings during the mother’s operation. One of the helical tacks used by the defendant surgeon cut the mother’s heart vein causing the sac around her heart (known as the pericardium) to fill with blood. Once the pericardium filled with blood, the mother’s heart was unable to beat correctly, and the mother went into cardiorespiratory arrest. Her cardiorespiratory arrest caused an anoxic brain injury and brain death.

$4.7M

Medical Malpractice

Verdict for surgical error. We represented a 54-year-old woman who now suffers from lifetime disabilities due to a surgical error. Prior to surgery, our client was diagnosed with a subarachnoid hemorrhage localized only in the back of her brain on the right side. The doctors recommended a cerebral angiogram to investigate the cause of the subarachnoid hemorrhage, which identified an aneurysm of the left, front part of the brain, and ultimately called for surgery. During the procedure, the Doctor ruptured the left middle cerebral artery aneurysm. As a result of the rupture, our client suffered a stroke that has resulted in lifetime disabilities.

$4.9M

Brain Injury

Settlement for brain injured child. This case involved the care provided to a newborn baby while admitted to the Neonatal Intensive Care Unit (NICU). After a difficult delivery, the baby was admitted to the NICU for monitoring. While in the NICU, the baby demonstrated numerous signs of respiratory distress over the course of three days. These signs included acrocyanosis (discoloration of the extremities), the refusal to feed, lethargy, and jitteriness (which was actually the onset of seizures). Despite these signs, the baby’s doctors did not order or perform any tests to investigate for the presence of respiratory dysfunction. Additionally, no attempt was made to provide supplemental oxygen or to intubate the baby. As a result, the baby suffered severe neurological injury due to hypoxia requiring 24-hour care.

$4M

Medical Malpractice

Wrongful death of 40-year-old from an undiagnosed blood clot. We represented the estate of a 40-year-old woman who died from a blood clot that traveled to her lungs (known as a pulmonary embolism). Our client had been given a drug, Lupron, for the treatment of endometriosis. Complications from this drug led to the development of a blood clot (known as a deep vein thrombosis) in our client’s pelvis. Two physicians caring for our client failed to communicate with each other about the complications our client was experiencing, thereby delaying necessary treatment. As a result, the blood clot grew until a piece broke off and embolized to our client’s lungs causing her death.