Medical Malpractice Lawyers - California to New York, Texas, Alabama and Georgia to Alaska, in Arkansas, Arizona, Colorado and Connecticut, Obstetrical Malpractice Lawyers, Delaware to Idaho and Illinois, Birth Injury Attorneys, Indiana, Hawaii, Kansas, Kentucky and Louisiana, to Massachusetts, Maryland, Maine, Michigan, Minnesota and Missouri, Malpractice Attorneys in Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, Against Doctors in New Mexico, and Nevada, Ohio, Oklahoma, Oregon, Pennsylvania and Rhode Island, from South Dakota, Tennessee, Utah, Virginia and Vermont, Washington, Wisconsin to West Virginia and Wyoming.
Our medical malpractice lawyers have enormous respect for the disciplines of medicine and the extraordinary technologies that have been developed to diagnose and treat human disease. Indeed, it specifically because of that respect for medicine that our medical malpractice attorneys are offended when we discover that our clients have received "below standard" treatment, in violation of the standards of medical care. The definition of medical malpractice is the health care provider's "failure to adhere to the accepted standards of medical care." The scope of medical malpractice is as broad as the science and art of medicine itself, as broad indeed as all of chapters in the textbooks in every discipline of medicine. The medical malpractice lawyer, indeed, rarely will encounter a medical malpractice case with facts similar to a case he previously prosecuted. Rather, with each case the medical malpractice attorney must learn the pertinent sliver of medicine from scratch, and learn it better than the defendant doctor and defense experts whom the malpractice lawyer will be required to confidently interrogate at trial.
Below, our medical malpractice lawyers will describe the nature of our work, from the methods by which we will prepare ourselves and the experts essential to prevail in medical negligence cases, through to the trial lawyer creativity and spontaneous attorney advocacy that is developed in part from experience and in part again from our superior knowledge of the subject matter. In the left column of this page and in the text below we will do so in part through examples of our actual medical malpractice cases.
Free Consultations. Our medical malpractice lawyers invite you contact us for a free consultation. Submit the "Contact" form and one of our medical malpractice attorneys will call you to discuss the facts of your case, provide his initial case evaluation and preliminary recommendations. Our medical malpractice lawyers will consider cases in most states, from California to New York, from Texas to Florida, in Alaska, Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. Our medical malpractice attorneys welcome the opportunity to speak with you.
Our Medical Malpractice Lawyers Will Consider Cases Arising in Any Discipline of Medicine, The Criteria For the Case Being The Physician's Violation of the Medical Standards of Care, and Damages Sufficient to Justify the Expense of Prosecuting the Case.
Medical malpractice cases can arise in every discipline of medicine. The internist may fail to diagnose the disease, leading to disease progression to the point where the client may permanently crippled or have little time left to live. The obstetrician may fail to note fetal distress leading the baby to be born with severe brain damage. The surgeon may close leaving a foreign object behind in the patient's thoracic cavity leading to infection and organ damage. Anesthesiologist error may result in brain damage and permanent coma. The medical malpractice lawyer may have a sense that the doctor fell below the standard of care in his or her treatment of the patient, but the attorney will always send the case to a medical expert for confirmation. Indeed, it is the requirement in some states that an expert must certify that a medical malpractice case has merit before the case is filed, and whether required by law or not, it is certainly good practice.
The Importance Of Highly Qualified Medical Experts to Medical Malpractice Lawyers and Their Importance in the Success of the Medical Negligence Case.
The first involvement of the medical expert in the case is to confirm that the physician fell below the applicable medical standard of care, and to confirm furthermore that the physician's negligence was the cause of the client's substantial injury or the progression of his disease. The medical malpractice lawyer will first obtain medical records and will supply them to the medical expert for his initial review. In addition to providing his opinions on medical negligence, causation and damages, the expert is commonly pivotal in directing the malpractice lawyer's education on the areas of medicine involved in the case. The expert will suggest to the medical malpractice lawyer the authoritative texts on the subject matters, which the lawyer will read many times over before ultimately taking the defendant physician's and defense experts' depositions, and then preparing to present the case at trial. Indeed, the medical malpractice lawyer will be acutely aware of the evidentiary advantages of identifying favorable language in medical texts and then obtaining the defense expert's admission that the text is authoritative, because with that, the attorney may read the favorable text to the jury.
It is also the "quality" of the plaintiff's medical experts that most likely will translate into success of the medical negligence case at trial. As clear as the medical malpractice lawyer will attempt to present his case, the muddier the defense attorney will attempt to obscure his client's liability. Unfortunately, many times the medical subject matter is so complex, and the usual defense experts to ready to contradict even the strongest plaintiff's case, that jurors will often have difficulty discerning medical truth from fallacy. However, one thing that jurors are good at is recognizing the qualities of the experts qualifications. Are they truly experts. Have they published on the subject matter. Are the experts respected professors or general practitioners.
In one very strongly contested AIDS medical malpractice and fraud case described in the left column of this page, the most highly regarded AIDS experts in the world agreed to testify for one of our Law Group medical malpractice lawyers. The experts included Luc Montagnier, the discoverer of HIV and head of France's National AIDS Laboratories, Michael Gotlieb, the discoverer of AIDS and co-founder of the American Foundation for AIDS Research, Don Francis, the head of the first CDC AIDS task force who discovered that AIDS was a sexually transmitted disease, John Curnutte, the head of the largest AIDS vaccine project in the world, Roger Detels, the Chairman of the Epidemiology Department at UCLA and senior investigator on the largest study in the world on AIDS patients and drug efficacy, among a dozen others of the most highly qualified AIDS scientists and physicians in the world.
Where the medical malpractice lawyer can call the better qualified experts, the likelihood is increased that he will succeed in the case. The medical malpractice lawyer must also be capable of being tough with the defense experts, who will most commonly be worn out physicians who spend half their professional lives testifying solely for the defense in medical negligence litigation. Since most medical malpractice cases are decided on the jury's assessment of the medical expert testimony, half the medical malpractice lawyer's job will be in calling the better experts and asking the questions to elicit their testimony to make the case; and the other half of the medical malpractice lawyer's job will be to make plain to the jury the deficiencies in the qualifications of the defense experts and through strong cross-examination, the deficiencies in their opinions.
Medical Malpractice Lawyers Enjoy Substantial Opportunity for Advocacy and Even Creativity in the Presentation of the Medical Negligence Case.
Just as physicians will say that the practice of medicine is less a science than an art, so too is the art of the medical malpractice lawyer. These are not auto accident cases in which the questions are as straightforward as demonstrating that the other driver ran the red light. Medical malpractice cases are like a three dimensional sculpture in which the clay is the medicine and the knives are the attorneys tools of direct and cross examination.
To take another example from the left column of this page, one of our Group medical malpractice lawyers brought suit against an internist and neurologist for failure to diagnose an "atrial myxoma," the most rare tumor in the human body. It is a tumor in the upper left chamber of the heart that most cardiologists would have never heard of. The patient, Mrs. Z, presented to the internist with symptoms of two feinting episodes. The internist performed a number of tests, including an electrocardiogram, and then referred Mrs. Z to a neurologist. The neurologist in turn performed a number of tests, all of which were negative, and sent the patient back to the internist. The internist then diagnosed vaso vagal syncope, which is what lawyers and doctors would call a garbage bag diagnosis, a psychological diagnosis, but essentially a conclusion that the physicians were unable to identify anything physical to account for the patient's symptoms. Soon after Mrs. Z had a stroke, was taken to the hospital, which also failed initially to diagnose the atrial myxoma, then a second stroke, after which the diagnosis was made, the atrial myxoma surgically removed, but Mrs. Z left with a mild aphasia, meaning some difficulty at times using language.
When potential clients present to medical malpractice lawyers, the attorneys will most commonly obtain the medical records and send them for expert reviews by physicians with superior credentials practicing in the same medical specialties as the prospective defendants. Both the internist and neurologist experts to whom the medical malpractice lawyer provided the records came back with the same analysis, that while they wouldn't expect the treating doctors to consider atrial myxoma in their differential diagnosis, the internist and neurologist should have considered more common cardiac diseases, should have done an echocardiogram to rule them out, and if either had done so, they would have seen the atrial myxoma and averted the two strokes and consequent aphasia.
Now, that is a somewhat complicated set of steps to expect a jury to follow. In the usual failure to diagnose case, the medical malpractice lawyer's inquiries are two-fold, did the physicians consider the disease in their "differential diagnosis," and did they do what is required to rule it out. Here, the standard of care would not have required the physicians to consider atrial myxoma in their differential diagnosis, hence the necessity for the more complex set of premises essential to establish the physician's liability.
Our medical malpractice lawyer would agree that the defense attorneys were able to give the much more powerful opening statements. They pounded the podium in indignation, arguing accurately enough that atrial myxoma had been identified in only a few case reports in all the medical literature, that it was the most rare tumor in the human body, and that it was an "autopsy diagnosis," never before diagnosed in a living human being.
Our medical malpractice lawyer's opening statement essentially tracked the several premises set forth by his experts. And to be truthful, the jurors mostly slept through our medical malpractice lawyer's opening, but were wide eyed at the defense attorneys' pounding of the podium and strong contemptuous language condemning the medical malpractice attorney for even considering bringing this good physicians into court on such trumped up charges.
Our Law Group medical malpractice lawyer led with his chin, calling as his first witness the defendant internist, and then led with his chin again, asking "Doctor, Did you consider atrial myxoma in your differential diagnosis?"
The defendant internist was obviously well prepared for this question, just the faintest smile, before his attack, in the same contemptuous voice as characterized his attorney's opening statement, "Mr. Henke, you don't think of Zebras when you hear hoof beats." Indeed, that is a common medical syllogism meaning that, when a physician is presented with a patient's symptoms, he doesn't consider in his differential diagnosis first the rare or unlikely of potential causes for the symptoms; rather he considers and first attempts to rule out those diseases that are least rare and most likely to be the cause.
But our medical malpractice lawyer recognized that the defendant internist has just handed him the case. He turned immediately back to the internist and said softly, "Mitral valve prolapse," and they more loudly, "It's a horse, isn't it doctor!" The defense attorney objected, but our medical malpractice lawyer pointed out that the doctor had "opened the door," and the Judge ruled permitting the interrogation. Again, "Mitral valve prolapse," softly, and then more loudly "It's a horse, isn't it doctor!" The internist, trapped, responded, "I don't know what you mean." And the medical malpractice lawyer, who had done his research, spelled it out for the doctor and jury, "Well, as you know, mitral valve prolapse will occur in about 6 percent of women Mrs. Z's age, right? It's a horse!" The internist looked to his attorney, as did our medical malpractice lawyer, as the did jury, and then the internist acknowledged, "Okay, mitral valve prolapse is a horse!"
"Mitral stenosis," the medical malpractice lawyer then said softly, and then more loudly, "It's a horse, isn't it doctor." And the internist now less contemptuous, acknowledged, "Okay, yes, it's a horse."
"Idiopathic subaortic stenosis" the medical malpractice lawyer again said softly, and then more loudly, "It's a horse, isn't it doctor." And again, the internist, no longer smiling, replied "Yes, its a horse."
And then the punch line, "Doctor, upon hearing the 'hoof beats,' Mrs. Z's symptoms of feinting, had you merely thought 'horse,' any of these common cardiologic entities which might have accounted for the fainting, and had you just looked in the direction of the hoof beats, done an echocardiogram, you would have seen the zebra, wouldn't you have doctor."
The jurors couldn't help themselves, even the judge couldn't help smiling, the defense attorney standing up and objecting vehemently again to the line of questioning. But this difficult case, in that moment, just a few questions into the interrogation of the first witness, was over.
The interrogation was faithful to the medical malpractice lawyer's theory of the case, and also faithful to what would be the testimony of the plaintiff's experts. The zebra syllogism provided the medical malpractice lawyer's "hook" to make plain to the jurors the sense of the more dry medical premises upon which the defendant physicians properly should have been held liable for their medical negligence. It was the tactics of the defense attorneys and their client's which were designed to mislead the jury; the tactics simply failed.
The medical malpractice lawyer insists that he would have won this case, one way or another, but the lesson from this story really is that experience and unrelenting preparation are the medical malpractice lawyer's most powerful tools. Without the preparation, the above line of questioning might have been interrupted at the first question attempting to define mitral valve prolapse as a horse, by the defendant internist's response "I don't understand." It was the attorneys preparation which permitted him to immediately respond, insisting that the internist agree that a disease which occurs in 6 percent of a randomly selected population his client's age was a "horse."
Our medical malpractice lawyer will admit that he returned to the zebra syllogism in his closing argument in the case, just because it was a "visual aid" to make more tangible the medical premises naturally leading to the recognition of the defendant physicians' negligence; and he'll admit that he has used the syllogism a few times since then in failure to diagnose cases. But that's why experience, in addition to preparation, is an important component in the making of a good medical malpractice lawyer.
Our medical malpractice lawyers provide free initial consultations. You may submit the "Contact" form and one of our medical malpractice attorneys will call you to discuss your case, offer his preliminary case evaluation and initial recommendations. Our medical malpractice lawyers will consider medical negligence cases against physicians in every medical specialty and all other health care providers, throughout most states, from New York to California, from Florida to Texas, from Alaska and Hawaii to Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. As we discuss below, our medical malpractice attorneys have a particular interest in birth injury obstetrical malpractice cases, however, we welcome the opportunity to review any case involving clear negligence on the part of the health care provider. Our medical malpractice lawyers are here to serve you.
Our Obstetrical Malpractice Attorneys and Birth Injury Lawyers Describe What Are Unfortunately the More Common Instances of Obstetrical and Hospital Negligence Resulting in Serious Birth Injury. Our Medical Malpractice Lawyers with Consider Cases involving Obstetrical or Hospital Negligence resulting in Birth Injury in Most States, from California to New York, from Texas to Florida, in Alaska, Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.
Birth injury lawyers are attorneys who concentrate on medical negligence cases involving the failures of obstetricians and other health care providers, including hospital staff, midwives and others, whose failures to adhere to medical standards prior to delivery, during delivery and in the days following delivery result in injury to the newborn. Sometimes, the parents will be aware of the physicians' or health care providers' errors or may become aware of their baby's injuries during or shortly after delivery. Sometimes the parents will not be aware of their health care providers errors and may only learn of their child's injuries as he or she fails to meet his milestones later in childhood.
On separate pages our obstetrical malpractice lawyers will discuss just a few types of birth injuries that commonly will result from medical negligence. The first includes the category of brain injury that can result from hypoxia or anoxia, the depravation of oxygen during delivery, most commonly accompanied by medical or hospital staff negligence in failing to timely attach a fetal monitor or in their failure to timely or properly respond to indications of fetal distress. Brain injury can also occur traumatically during delivery, including by the obstetrician's heavy handed manipulation of the baby's head, including by forceps. There may be indications that the baby may have suffered brain damage from hypoxia where the baby is born blue, or with a low APGAR score. There may be indications that the baby suffered brain damage traumatically from the shape of the head following delivery. However, evidence that the baby has suffered brain damage may not appear obvious until much later, as the parents track the child's milestones and find that the child has fallen behind the statistical expectations.
The second category of birth injury that our obstetrical malpractice lawyers will separately discuss involves Brachial plexus injury and Erb's palsy, which are most commonly evident when it is observed that an infant will move one arm but not the other arm. The brachial plexus is a network of nerves in the shoulder area that govern sensation and movement in the arm. It is generally recognized that Erb's palsy and brachial plexus injury result from excessive traction by the obstetrician or mid-wife or other health care provider during delivery. It can occur if the obstetrician fails to identify shoulder dystocia, where the baby's shoulder becomes stuck behind the mother's public bone. There are effective standard techniques for manipulation of the baby to free the shoulder during delivery, including the McRoberts maneuver and suprapubic maneuver, neither of which put the baby at risk if properly performed. And there are other procedures which the trained obstetrician will avail that are also effective should the initial techniques fail. Where the obstetrician fails to avail the techniques or performs them improperly the baby will suffer the brachial plexus injury. If the upper brachial plexus nerves are torn or stretched the child will suffer Erb's palsy. A more serious condition, labeled global palsy, may occur if both the upper and lower brachial plexus nerves are stretched or torn. The most serious brachial plexus injuries result from avulsion, where the nerves are torn from their point of attachment to the spinal cord. Neuroma injuries may also occur, resulting in scar tissue that puts pressure on the nerve. Some injuries referred to as neurapraxia, stretch injuries that do not involve a tear, are the most likely of the injuries to heal on their own without surgical intervention. There are a variety of diagnostic studies that can be performed when it is observed that one of the baby's arms hangs limp at the baby's side, sometimes turned with a bent wrist. MRI or CT studies may be performed to look for bone or joint damage in the location of the shoulder or neck. Nerve conduction studies or electromyography may be conducted to determine if there are nerve signals present in the muscles of the affected upper arm. Nerve surgery within the first three months can often be effective, however, surgery delayed more than one year is unlikely to be effective.
If your child has been diagnosed with an intellectually disability, or if you have noticed that he or she is not timely meeting his or her milestones, or has suffered a brachial plexus injury, or another birth injury, our medical and obstetrical malpractice lawyers would welcome the opportunity to speak with you. We provide free consultations, without any obligation. You may submit the "Contact" form and one of our birth injury attorneys will call you to discuss your case, offer his initial case evaluation and preliminary recommendations. Our obstetrical malpractice lawyers will consider birth injury cases arising in most states of the United States from Alaska to Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. Our birth injury attorneys are here to serve you.
Our Medical Malpractice Attorneys Welcome You to Contact Us for a Free Consultation. Our Medical Malpractice Lawyers Will Consider Lawsuits Against Health Care Providers, Physicians, Specialists and Hospitals, in Most States from New York to California, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, Including Birth Injury Cases Against Obstetrician's and Hospitals from Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.
If you have been injured as the result of medical malpractice on the part of a physician, specialist, any other health care provider or hospital, our medical malpractice attorneys welcome you to avail our free consultations. You may submit the "Contact" form and one of our medical malpractice lawyers will call you to discuss your case, offer his preliminary case evaluation and initial recommendations. Our medical malpractice attorneys will consider cases involving serious medical consequences and significant future medical expenses or significant past and future earnings losses from Alaska to Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming, including birth injury lawsuits resulting from obstetrical or hospital staff negligence. The potential client is also encouraged to inquire about the attorney's qualifications, including his experience as a medical malpractice lawyer and serious injury trial attorney and any other qualifications that the potential client deems important in the attorney who will represent him in his lawsuit.
Generally speaking, after the initial interview, if the attorney and potential client consider that there is sufficient likelihood that the treatment by the doctor or other health care provider was negligent, and that as the result, the potential client suffered significant general damages and special economic damages, then the medical malpractice lawyer will obtain the medical records and forward them to an appropriately qualified expert to obtain a medical opinion whether the treating health care provider "fell below the standard of care" in his treatment of the potential client. In many states it is required that such a medical review be obtained prerequisite to filing a medical malpractice case, and in our estimation it is just good practice, because it only serves our clients if we accept only clearly valid cases of medical malpractice.
*Jury Verdicts and Settlements:
$2.7 million dollar jury verdict. Medical malpractice, drug product and medical fraud case. Medical malpractice and drug product liability attorney Henke represented 5 plaintiffs in a consolidated four month trial in which the jury found the defendants liable on multiple causes of action, from medical and hospital negligence to fraud and conspiracy to defraud the plaintiffs with dangerous and ineffective FDA approved and unapproved drugs. The Law Group lawyer designated highly distinguished scientists, epidemiologists and AIDS physicians to testify for the plaintiffs in the case, including Luc Montagnier, the head of France's National AIDS Laboratories who discovered HIV; Michael Gotlieb, co-founder of AMFAR, the astute physician who discovered AIDS, Don Francis, head CDC AIDS Task force who first discovered the causes of AIDS, Roger Detels, the senior investigator on largest epidemiological study on AIDS drugs and their efficacy, John Curnutte, senior investigator on the largest AIDS vaccine study, Peter Wolfe, Member of the Scientific Advisory Committee to the American Foundation for AIDS Research. He conceived the "test" litigation to rectify the epidemic of AIDS drug fraud that followed upon the AIDS epidemic by suing also hospitals with the strategy that if punitive damages could be obtained against the hospitals that tolerated AIDS physicians who used on their patients ineffective AIDS drugs that hospitals across the nation would recognize the danger of failing to revoke the staff privileges of physicians who practiced AIDS drug fraud. In addition to awarding compensatory damages, the jury found the defendant hospital liable both for negligence and conspiracy to defraud, and awarded 1.6 million dollars in punitive damages against the hospital. The case was chronicled in most of the most legitimate newspapers in the United States, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, in legal journals, including the National Law Journal, and on national television, including Tom Brokaw's NBC Evening News and CNN . Pharmaceutical product liability attorney, Henke, also testified before Congress with regard to these cases and the need to rein in AIDS drug fruad, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.
$3.8 million dollar gross jury verdict in medical malpractice case involving failure to diagnose atrial myxoma, the most rare tumor in the human body. The plaintiff had presented initially to the defendant internist with a history of two episodes of feinting. The internist did a battery of tests including an electrocardiogram. When the tests failed to identify a medical cause for the feinting episodes the internist referred the patient to a neurologist who in turn did a battery of tests, also failing to identify a medical cause for the feinting episodes. The internist then diagnosed "vaso vagal syncope" a medical term suggesting a psychological cause for the feinting and referred the patient to a psychologist. The patient then had a stroke and the atrial myxoma was diagnosed during her hospitalization. The medical experts engaged by our Group medical malpractice attorney, Henke, offered to testify that while it was not required by the standard of care that the physicians consider atrial myxoma in their differential diagnoses, if they had considered other more common cardiologic disease and had they done an echocardiogram to rule them out, they would have seen the atrial myxoma. The case is discussed more fully in the center column of this page. Our medical malpractice attorney also discussed his successful trial strategy in an article entitled ""Medical Malpractice, Overcoming Common Defenses in Uncommon Medical Malpractice Cases" published a discussion of the trial strategy employed in the case in "Forum," the journal of the California Trial Lawyers Association/Consumer Attorneys Association of California. Discussions of the case have also appeared as chapters in two books.
$1.5 million dollar settlement in a pharmaceutical product liability birth injury case. The case involved an experimental drug which the manufacturer sought to test for its efficacy as a sedative, employing over 1000 physicians nationwide. One of our Group pharmaceutical product liability lawyers, Henke, obtained from another, Pennsylvania Law Group drug product lawyer the list of the physicians who served as investigators for the drug company when 3 of his clients in the same small city contacted him with similar limb defects characteristic of the teratogenic drug, all of whose mothers were treated during pregnancy by the same obstetrician. It was confirmed that the mothers' common obstetrician was on the list of investigators who received the drug from the pharmaceutical company. The three cases, including the one above referenced case were filed against the drug manufacturer and the physician. The physician no longer had the patients' medical records. The clients mothers recalled receiving a sedative during pregnancy but did not recall the name of the drug. However, the Group pharmaceutical product liability attorney developed expert testimony that the limb defects were characteristic of limb defects caused by the suspect drug which combined with the evidence that the common obstetrician had access to the teratogenic sedative was deemed sufficient for the manufacturer and physician to resolve the above referenced case and the two others out of court for substantial settlements. The settlements were achieved despite that the mothers exposure to the drug and the births of the clients occurred more than 30 years prior to the case being filed, leading the manufacturer and physician to file demurrers and motions for summary judgment asserting the statute of limitations defense. The Group pharmaceutical product liability lawyer, Henke, responded to the motions with the contention that the manufacturer had sought to obscure that it had supplied the notorious drug to physicians in the United States, and that the physician intentionally concealed from the mothers that the drug might have been the cause of their babies birth defects. The court ruled in favor of the plaintiffs on the motions, and the settlements were achieved shortly thereafter..
*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts
$2.7 million dollar jury verdict. Medical malpractice, drug product and medical fraud case. Medical malpractice and drug product liability attorney Henke represented 5 plaintiffs in a consolidated four month trial in which the jury found the defendants liable on multiple causes of action, from medical and hospital negligence to fraud and conspiracy to defraud the plaintiffs with dangerous and ineffective FDA approved and unapproved drugs. The Law Group lawyer designated highly distinguished scientists, epidemiologists and AIDS physicians to testify for the plaintiffs in the case, including Luc Montagnier, the head of France's National AIDS Laboratories who discovered HIV; Michael Gotlieb, co-founder of AMFAR, the astute physician who discovered AIDS, Don Francis, head CDC AIDS Task force who first discovered the causes of AIDS, Roger Detels, the senior investigator on largest epidemiological study on AIDS drugs and their efficacy, John Curnutte, senior investigator on the largest AIDS vaccine study, Peter Wolfe, Member of the Scientific Advisory Committee to the American Foundation for AIDS Research. He conceived the "test" litigation to rectify the epidemic of AIDS drug fraud that followed upon the AIDS epidemic by suing also hospitals with the strategy that if punitive damages could be obtained against the hospitals that tolerated AIDS physicians who used on their patients ineffective AIDS drugs that hospitals across the nation would recognize the danger of failing to revoke the staff privileges of physicians who practiced AIDS drug fraud. In addition to awarding compensatory damages, the jury found the defendant hospital liable both for negligence and conspiracy to defraud, and awarded 1.6 million dollars in punitive damages against the hospital. The case was chronicled in most of the most legitimate newspapers in the United States, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, in legal journals, including the National Law Journal, and on national television, including Tom Brokaw's NBC Evening News and CNN . Pharmaceutical product liability attorney, Henke, also testified before Congress with regard to these cases and the need to rein in AIDS drug fruad, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.
$3.8 million dollar gross jury verdict in medical malpractice case involving failure to diagnose atrial myxoma, the most rare tumor in the human body. The plaintiff had presented initially to the defendant internist with a history of two episodes of feinting. The internist did a battery of tests including an electrocardiogram. When the tests failed to identify a medical cause for the feinting episodes the internist referred the patient to a neurologist who in turn did a battery of tests, also failing to identify a medical cause for the feinting episodes. The internist then diagnosed "vaso vagal syncope" a medical term suggesting a psychological cause for the feinting and referred the patient to a psychologist. The patient then had a stroke and the atrial myxoma was diagnosed during her hospitalization. The medical experts engaged by our Group medical malpractice attorney, Henke, offered to testify that while it was not required by the standard of care that the physicians consider atrial myxoma in their differential diagnoses, if they had considered other more common cardiologic disease and had they done an echocardiogram to rule them out, they would have seen the atrial myxoma. The case is discussed more fully in the center column of this page. Our medical malpractice attorney also discussed his successful trial strategy in an article entitled ""Medical Malpractice, Overcoming Common Defenses in Uncommon Medical Malpractice Cases" published a discussion of the trial strategy employed in the case in "Forum," the journal of the California Trial Lawyers Association/Consumer Attorneys Association of California. Discussions of the case have also appeared as chapters in two books.
$1.5 million dollar settlement in a pharmaceutical product liability birth injury case. The case involved an experimental drug which the manufacturer sought to test for its efficacy as a sedative, employing over 1000 physicians nationwide. One of our Group pharmaceutical product liability lawyers, Henke, obtained from another, Pennsylvania Law Group drug product lawyer the list of the physicians who served as investigators for the drug company when 3 of his clients in the same small city contacted him with similar limb defects characteristic of the teratogenic drug, all of whose mothers were treated during pregnancy by the same obstetrician. It was confirmed that the mothers' common obstetrician was on the list of investigators who received the drug from the pharmaceutical company. The three cases, including the one above referenced case were filed against the drug manufacturer and the physician. The physician no longer had the patients' medical records. The clients mothers recalled receiving a sedative during pregnancy but did not recall the name of the drug. However, the Group pharmaceutical product liability attorney developed expert testimony that the limb defects were characteristic of limb defects caused by the suspect drug which combined with the evidence that the common obstetrician had access to the teratogenic sedative was deemed sufficient for the manufacturer and physician to resolve the above referenced case and the two others out of court for substantial settlements. The settlements were achieved despite that the mothers exposure to the drug and the births of the clients occurred more than 30 years prior to the case being filed, leading the manufacturer and physician to file demurrers and motions for summary judgment asserting the statute of limitations defense. The Group pharmaceutical product liability lawyer, Henke, responded to the motions with the contention that the manufacturer had sought to obscure that it had supplied the notorious drug to physicians in the United States, and that the physician intentionally concealed from the mothers that the drug might have been the cause of their babies birth defects. The court ruled in favor of the plaintiffs on the motions, and the settlements were achieved shortly thereafter..
*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts

Driving Under the Influence of Cell Conversation Results in DUI Level Driving Impairment And a 4 fold Increased Likelihood that the Driver will Cause an Accident.
Read the Law Group Scientific Review Article.
Our Law Group attorneys have reviewed all the epidemiology and controlled experimental literature on the effect of cell phone conversation to impair driver attention. Driving under the influence of cell conversation results in DUI level driving impairment and renders the motorist four times more likely to cause an accident. Contrary to popular belief, it is not "holding" the cell phone which results in the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it does not matter whether the motorist uses a handheld or hands-free cell phone, the impairment is the same, and the 4 fold increased likelihood that the motorist will cause an accident is precisely the same. Yes, a number of states have enacted "handheld cell phone" laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of cell phone conversation, regardless of the device used, results in the identical DUI level driving impairment and increased likelihood that the driver will cause an accident.
Read the Law Group Scientific Review Article.
Our Law Group attorneys have reviewed all the epidemiology and controlled experimental literature on the effect of cell phone conversation to impair driver attention. Driving under the influence of cell conversation results in DUI level driving impairment and renders the motorist four times more likely to cause an accident. Contrary to popular belief, it is not "holding" the cell phone which results in the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it does not matter whether the motorist uses a handheld or hands-free cell phone, the impairment is the same, and the 4 fold increased likelihood that the motorist will cause an accident is precisely the same. Yes, a number of states have enacted "handheld cell phone" laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of cell phone conversation, regardless of the device used, results in the identical DUI level driving impairment and increased likelihood that the driver will cause an accident.