Shrager, Spivey & Sachs

$8 Million for Failure to Diagnose Serious Brain Ailment

Wayne Spivey and Mike McGuckin obtained an $8 million settlement for a 46-year-old woman who was diagnosed with a suspected brain arteriovenous malformation – AVM – which is a tangle of abnormal and poorly formed blood vessels in the brain that increase the rate of bleeding. The woman’s primary physician referred to a neurosurgeon, who failed to properly identify the AVM after delaying a crucial study. Attorneys Spivey and McGuckin argued that the delay in diagnosis resulted in her AVM rupturing. She suffered permanent catastrophic injuries including locked-in syndrome, a condition in which she is awake and alert, but completely paralyzed. Fortunately, the woman eventually regained limited muscle function; however, after extensive rehabilitation, she requires round-the-clock care from her husband and hired caregivers. The settlement will allow her to remain at home and have the best medical care available.

Six-Figure Award for Failure to Diagnose Foot Injury

Mike McGuckin and Chad Galvin won a high six-figure award for a mother who fell and injured her foot at work. Her medical care provider failed to properly diagnose the seriousness of her injury, and a subsequent medical provider also failed to provide her with adequate treatment. The woman eventually required surgery to treat her injury and she now suffers a permanent physical disability. Attorneys McGuckin and Galvin were able to obtain a significant six-figure award from her medical provider for the failure to diagnose her injury.

Six-Figure Settlement for Failure to Diagnose Colon Cancer

Wayne Spivey and Mike McGuckin obtained a six-figure settlement for the failure to diagnose their client’s colon cancer. His family doctor failed to perform timely rectal examinations or arrange for a referral for a colonoscopy. The delay in diagnosis led to the man requiring surgery to place an opening and a bag as a new way for stool to leave his body.

$650,000 Settlement for Failure to Diagnose Pneumonia

Mike McGuckin and managing partner Robert Sachs negotiated a $650,000 settlement for the family of a woman who died from pneumonia complications. An emergency room X-ray revealed her pneumonia, but the attending doctor failed to note the diagnosis and offer appropriate treatment. Unfortunately, the woman died a week later

Substantial Settlement for Failure to Diagnose Laryngeal Cancer

Managing partner Robert Sachs obtained a significant settlement for a woman who died as a result of undiagnosed laryngeal cancer. He had been under the care of ear, nose and throat doctors for years, and he consistently complained of hoarseness. Despite two earlier biopsies, no diagnosis was ever made by his doctors. Within ten days of his last visit, he was seen by a separate physician who immediately diagnosed the laryngeal carcinoma and initiated appropriate treatment. Unfortunately, treatment came too late, and he died from complications of the carcinoma.