1.866.LIT.FUND
We make the impossible possible.

Litigation Funding Blog

Hospital Settles Medical Malpractice Lawsuits for $3.7 Million

January 5, 2021

Hospitals have an influx of people entering, exiting, and checking-in every day. People go to the hospital for different reasons. Emergency rooms see patients with medical emergencies, minor pains and injuries, and when doctors’ offices are closed. Hospitals also contain primary doctors and specialists who see patients as a part of their scheduled doctor visits. Other departments within the hospital include the intensive care unit (ICU), labor and delivery, and the surgical department. Whatever the reason may be that causes a person to go to the hospital, he or she entrusts their health and health care to the trained medical professionals to provide adequate and appropriate care and treatment. When a medical professional fails to meet the legal standard of care, it is medical malpractice.

Three incidents occurring in 2015 and 2017 claim that University of Iowa Hospitals (UIHC) and Clinics (UIHC) and its employees were negligent in the care or treatment of patients. In February 2015, Robert Davis underwent spinal fusion back surgery. He was left with a significant neurological injury, which cause him to become a paraplegic. Also in 2015, Ardeth Wray was diagnosed with a non-cancerous tumor in her brain. The doctor who diagnosed her recommended surgical removal. Wray developed an infection, which required additional surgeries, an ICU stay, and time in skilled care recovery. She suffered a stroke during one of her additional surgeries. In the aftermath, Wray suffered from significant memory loss, vision loss, limited ability to speak, and struggles with most cognitive functions.

The third incident involved the death of Sharon Wiese. On November 12, 2017, Wiese was admitted to UIHC. The staff examined her esophagus, stomach, and small intestine. They placed feeding tube; however, the tube was placed in her esophagus instead of properly placed in her stomach. The hospital gave her feedings while the tube was in the improper location, which caused aspiration pneumonia in her lungs. She ultimately died from the pneumonia.

The family members of the three patients filed lawsuits against UIHC for medical malpractice. Robert Davis and his wife alleged in their lawsuit that the hospital was negligent in performing the spinal fusion and caused his significant neurological injury. He also claimed that facility failed to get his informed consent to perform the back surgery and that the physicians were improper in diagnosing and treating the conditions that arose the back surgery.

Ardeth Wray’s daughters filed a lawsuit on behalf of their mother. They asserted that the doctor recommended surgical removal of a non-cancerous brain tumor even though factors showed there may have been better options. However, the hospital disagreed with this assertion and stated that Wray was given the option of surgery or observation, and she chose surgery after knowing the risk involved. Her daughters also accused the doctor of failing to treat a preoperative bacteria with antibiotics before surgery to reduce the risk of infection during the surgery. They alleged that this failure to treat the bacteria led to Wray developing an infection that has left her with severe disabilities. Her daughters are now her caretakers because she is unable to live independently.

The husband and adult children of Sharon Wiese filed a lawsuit against UIHC after she died from aspiration pneumonia caused by improper placement of a feeding tube. After the staff inserted the feeding tube, they did not perform a x-ray to confirm that the tub was in the correct location. When the hospital restarted her feedings, the contents were going into her lungs instead of her stomach. The lawsuit claims that the hospital and staff breach their standards of care, which led to Sharon’s death.

UIHC agreed to settle the three lawsuits. The hospital agreed to pay the three families a total of $3.7 million for the medical malpractice lawsuits. Out of the total amount, Robert Davis’ lawsuit settled for $1 million. The daughters of Ardeth Wray received $700,000. The remainder of the settlement went to the husband and adult children of Sharon Wiese in the amount of $2 million.

Medical malpractice occurs when a medical or healthcare professional performs an negligent act, wrongful act, or fails to act when they have duty to do so. As a result of the malpractice, the patient suffers an injury. Out of the injury and act, the patient may have damages in which he is entitled to seek compensation. The damages may be economic, such as medical expenses, rehabilitation, and lost wages. Other damages may be noneconomic losses including, emotional distress, loss of enjoyment of life, loss of companionship, mental anguish, and disfigurement.

To seek recovery for the damages arising from medical malpractice, the harmed patient or deceased patient’s family member may file a medical malpractice or wrongful death lawsuit against the medical institutions and the staff involved. Although a party may have a valid lawsuit for medical malpractice damages, he may not have the financial ability to start and continue through the legal process. Rather than forego the lawsuit, the party wanting to file a lawsuit may seek funding for the case.

Litigation funding or a lawsuit loan is financing by a third-party to pay for the costs associated with a lawsuit. Court costs, attorney’s fees, and other expenses are involved in the litigation process. The legal financing allows the plaintiff to seek legal representation based an attorney’s or law firm’s experience and knowledge rather than solely on the cost. The legal funding allow the attorney to handle the lawsuit without worrying if she will be paid. The benefit for the borrower of a litigation loan is that he only repays the loan if the case settles or wins at trial. The third-party financing company assumes the risk that it may not get its money back from the borrower. Although the financing company pays the cost of the lawsuit, it does not have control over the case. It is also not privy to the communication between the attorney and the client.

Proposed Settlements Reached In Wrongful Death Lawsuits That Arose From the Intentional Killing of Patients At A Hospital By A Former Nursing Assistant

December 29, 2020

The Veterans Health Administration (VHA) is one of the largest health care system in the world. It provides training for most of the United States’ medical, nursing and allied health professionals. The VHA consists of over 1,200 health care facilities – medical centers and outpatient sites – that serve over nine million enrolled veterans each year. The VHA services include surgery, mental health, pharmacy, radiology, physical therapy, dental, and vision care.

Like civilian hospitals, the VA hospitals located within each state and territory have medical professionals to carry out the health care services and needs of the veteran-patients. Such job titles include doctors, pharmacists, nurses, and nursing assistants. Each medical professional plays a pivotal role in the care of the patients at the VA hospital.

In the United States, there are over 1.5 million certified nursing assistants. Commonly referred to as CNAs, they work under the supervision of a nurses. Their help patients with tasks that are physical, complex, and vital to proper medical care, such as:

  • Bathing patients
  • Turning or moving patients
  • Grooming patients (ex. brushing their teeth and hair)
  • Feeding patients
  • Wound care
  • Checking vital signa (ex. blood pressure, heart rate)

State laws set forth the legal duties that CNAs have to their patients. They must perform their work duties at the accepted standard of care in their industry and as required by law. Failure of a CNA to meet the legal duties and standards of care may result in her being held liable for injuries or other harm caused to the patients.

Reta Mays, a former hospital nursing assistant at the Louis A. Johnson VA Medical Center in West Virginia admitted to intentionally killing seven patients with fatal doses of insulin. In July 2020, she pleaded guilty to giving the patients wrongful insulin injections. At her plea hearing, she admitted to committing these killings while working the overnight shifts at the hospital between 2017 and 2018. However, she did not give the authorities a satisfactory reason for what her motivation and purpose were behind her actions.

The families of the veterans who died at the hands of Mays filed lawsuits against the hospital. The federal court filings stated that the VA and the VA hospital were negligent as to the murders because they happened under their watch. The hospital and the family members reached proposed settlements ranging in the amount from $700,000 to $975,000 for deaths of respective victims.

The unexpected death of a loved one brings an overwhelming flood of emotions. In addition to the sorrow and grief, many things must be done to prepare for the funeral and burial of the deceased. When a loved one who is intentionally killed by another person, the situation is intensified with anger and the strong need to get justice. The surviving family members may seek to file a lawsuit against all at-fault parties who contributed to the death of their loved one. However, expenses are involved in the funeral and burial process as well as filing a lawsuit. At the same time, normal financial obligation – bills, food, gas – still must be paid. While the financial preparation may have been set in the instance of the person dying, the surviving family may not have the extra money available to cover the costs associated with a lawsuit.

Rather than foregoing the lawsuit, the surviving family members may seek litigation funding to cover legal expenses. Also known as litigation financing, it is a financial option for people who want to seek legal compensation but do not have the funds to do so. A third-party financing company gives the money to pay for the legal fees. The money is an investment rather than a loan because the financing company may not get back the money. “The person receiving the financing only pays the money back to the financing company if he or she wins or settles the lawsuit,” Daren Monroe of Litigation Funding Corporation, Michigan.

Litigation Funding for Wrongful Death Lawsuits

December 1, 2020

Over two million people die every year in the United States. The causes of death include accidents, chronic health conditions, terminal illnesses, and natural causes . However, some people die because of negligence or intentional acts of other people. Although loved ones are not able to bring that the deceased, they may entitled to get compensation for the death by filing a wrongful death lawsuit against the at-fault person or entity.

Lawsuits can be expensive. The fee to file a lawsuit may be very high. In addition to court costs, you may have to pay for documents and other evidence needed to prove your cases. Whether you represent the wrongful death action yourself or hire an attorney, you still have to take care of the financial obligations outside of the lawsuit. Litigation funding is an option to help cover your legal costs throughout the case. If you need legal financing, contact Litigation Funding Corporation today at (248) 702-6022 to find out how they can help you.

What is Wrongful Death Lawsuit?

Michigan laws defines a wrongful death lawsuit as an action in which a person dies as result of wrongful act, neglect, or fault of another. State law allows the deceased’s spouse or other family member to bring a wrongful death court case on behalf of the deceased. If your family member died due to the fault of someone else, you can only bring a lawsuit if the decease could have file a lawsuit against for her injuries is she lived.

What is Litigation Funding?

Litigation funding, also called legal funding, occurs when a third party financing or funding company pay for the cost of your litigation and other legal cost associated with your lawsuit. The third-party financing essentially assumes all the financial risk of a legal case.

The benefit of legal funding is that party in the lawsuit that receives financing, usually the plaintiff, does not have to pay back the financing company out if his own pockets. The funding is like having a lawsuit loan; however, the funding business only get their money back if the plaintiff settles the case or wins at trial. If you hire an attorney, funding goes to her to represent your lawsuit. Although the third-party financing pays for the attorney’s representation, you still control your case. The attorney must work your best interest and communicate your decision to other parties and the court throughout the litigation.

Wrongful Death Settlement or Trial Win and Paying Back Litigation Funding

In a wrongful death action, the plaintiff may have damages that the seek compensation recovery. The damages may include:

  • Medical bills
  • Funeral and burial costs
  • Pain and suffering deceased suffered during conscious times between injury and death
  • Loss of financial support
  • Loss of consortium

The damages are factors in settlement discussion and offers between parties. They may also contribute to the amount of damages decided in the verdict of a trial. If your lawsuit results in a settlement agreement or your win at trial, the legal financing company takes the amount or percentage of your legal award based on the contract between you and the company.

Hiring a Litigation Funding Company

If your loved died because of the fault of another person, business, or organization, you may need financial assistance to help cover the costs of filing a wrongful death lawsuit. Contact Litigation Funding Corporation today at (248) 702-6022 to find out about your legal funding options and how they can help you cover the cost of your case.

Permalink | Filed Under: Blog Posts |

Litigation Funding for Nursing Home Abuse Lawsuits

November 5, 2020

Typically, when people think of nursing homes they think of elderly people. People of all ages may reside in nursing homes. Such facilities provide health and personal care services. In the United States, approximately 1.5 million people live in nursing homes. Each patient or resident be treated with consideration, respect and dignity. However, some nursing home workers abuse or neglect their patients. The vulnerable residence endure physical, emotional, and even medical damage from the abuse or neglect.

Nursing home patients may sue the facilities for the harm they receive from the employees; abuse. However, lawsuits can be expensive. Legal costs add up over the course of a lawsuit. In the meantime, the plaintiff must continue to pay for his other financial obligations. Litigation funding helps to cover your legal costs throughout the case. If you need legal financing, contact Litigation Funding Corporation today at (248) 702-6022 to find out how they can help you.

Nursing Home Abuse

Nursing home abuse is can be a form of elder abuse. The abuse is a harm to the elder’s health or welfare by another person. Michigan law requires that a nursing home patient or resident be free from mental and physical abuse. The Michigan Depart of Health and Human Services provides adult protective services to help protect elders, including ones in nursing homes from abuse

What is Litigation Funding?

Litigation funding, also called legal funding, occurs when a third party financing or funding company pay for the cost of your litigation and other legal cost associated with your lawsuit. The third-party financing essentially assumes all the financial risk of a legal case.

The benefit of legal funding is that party in the lawsuit that receives financing, usually the plaintiff, does not have to pay back the financing company out if his own pockets. The funding is like having a lawsuit loan; however, the funding business only get their money back if the plaintiff settles the case or wins at trial. If you hire an attorney, funding goes to her to represent your lawsuit. Although the third-party financing pays for the attorney’s representation, you still control your case. The attorney must work your best interest and communicate your decision to other parties and the court throughout the litigation.

Nursing Home Abuse Settlement or Trial Win and Paying Back Litigation Funding

A nursing home abuse action is an action claiming negligence by the facility. In a negligence action, the plaintiff must prove that the facility had a duty him as a patient or resident and that the nursing home failed to meet. The resident have suffered physical and emotional injuries and have damages that the seek compensation recovery. The damages may include:

  • Medical bills
  • Pain and suffering deceased suffered during conscious times between injury and death
  • Loss of financial support
  • Loss of consortium

The damages are factors in settlement discussion and offers between parties. They may also contribute to the amount of damages decided in the verdict of a trial. If your lawsuit results in a settlement agreement or your win at trial, the legal financing company takes the amount or percentage of your legal award based on the contract between you and the company.

Hiring a Litigation Funding Company

If your loved died because of the fault of another person, business, or organization, you may need financial assistance to help cover the costs of filing a wrongful death lawsuit . Contact Litigation Funding Corporation today at (248) 702-6022 to find out about your legal funding options and how they can help you cover the cost of your case.

Parents of 14-month-old girl settles wrongful death and medical malpractice lawsuit against health clinic for $750,000

October 23, 2020

Many children develop common childhood illnesses throughout their childhoods. Often the illnesses have minor effects on children health, and they recover quickly. Such illnesses include, bronchitis, sore throat, ear pain, common cold, and cough. Another disease common in children is croup, which is a respiratory illness. It causes a change in a child’s breathing due to swelling in the upper airways. A child with croup may have a cough that resembles barking and an associated raspy and hoarse voice. While some children may have mild symptoms, others may have croup for than three to five days or the mild symptoms worsen. In rare cases, croup may lead to respiratory failure and death.

In January 2016, a 14-month-old girl named Annabelle died after receiving treatment for croup at Cherry Street Services Inc., which was a federally qualified health center. Shelby Dorey, the Annabelle’s mother, allegedly took her daughter to the center with an over 103-degree fever, bad cough, loud breathing, and fatigue. She has signs of respiratory distress. At the health center, Annabelle was in the care of Physician Assistant Marguerite Sowers. The physician assistant (PA) reportedly diagnosed the child with croup and determined that she was not in acute distress. The PA noted that she found a regular heart rate. She then gave the mother a steroid medication prescription and told the mother to call if her daughter’s symptoms worsened.

Dorey states that several hours later while at home, her daughter stopped breathing and went limp. Annabelle’s parents performed CPR and called 911. When EMS arrived, they revived her and rushed her to the hospital. The 14-month-old was placed on a machine to breathe for her, however, she suffered severe brain damage and died five days later.

Annabelle’s parents filed a wrongful death and medical malpractice lawsuit, which claimed that the physician assistant failed to provided needed care. The lawsuit also claimed that in not immediately sending the child to the emergency department but rather telling the mother to take her home, the physician assistant denied care. The defense’s position was that it was more likely than not that further testing or sending Anabelle to the emergency room would not have changed the outcome. Although the defense denied the little girl received inappropriate care, they settled the lawsuit for $750,000.

In wrongful death cases, the family may have to spend a lot of money to pay for the funeral and burial costs. Although they may have a case against the party that caused the death of their loved one, they may not have the funds to obtain an attorney. However, it is best to retain a lawyer to handle the lawsuit. Lawsuits are time-consuming and overwhelming legal process. Lawsuits are also very costly and require paying for court costs, filing fees, and document production fees. Litigation funding can help to defray such costs and fees.

Litigation funding, also known as legal financing and third-party litigation funding, is financing from a third party to pay legal costs and fees. Legal financing has several benefits, such as:

  • Provides a financial ease and help for personal expenses
  • Provides the ability to obtain legal representation based on talent and not just cost
  • Allows attorneys to represent clients who otherwise could not avoid their costs and fees
  • Provides funding for all litigation fees

Another benefit of litigation funding is that the party who receives the financing does not have to reimburse the lender out of his own pocket. Daren Monroe of Litigation Funding Corporation, Michigan advises, “Litigation financing offers the attorney and the client the opportunity to remove the ability to pay as a factor for providing and obtaining legal representation.” He continues, “The attorney and the client are able to focus solely on the litigation knowing that litigation financing is covering the costs and fees.”

City Fire Department to Pay $1 Million Settlement in Wrongful Death Lawsuit to Family of Pregnant Woman for Failure of Paramedics to Assess and Transport

October 9, 2020

Paramedics are emergency responders who are educated in advanced emergency medical care. They are responsible for on-the-scene treatment and can administer medicine, interpret electrocardiograms (EKGs), perform a tracheotomy to create new airways, and apply pacemakers to control irregular heartbeats.

Under Michigan law, paramedics must respond to a request to emergency medical assistance. They must also apply life support techniques and treatment. The paramedics are liable for the treatment or lack thereof if their acts or omissions result in gross negligence or willful misconduct. Failure to properly assess and treatment the patient as well as failure to transport patient to the hospital for professional medical assessment are grossly negligent.

On March 14, 2016, Vicki Kitelinger went to Dignity Health hospital because she was had a cough and shortness of breath for a week. At the time, she was 17 weeks pregnant. The doctors found that her heartbeat was much higher than it should be especially during pregnancy. The doctors diagnosed Kitelinger with bronchitis and sent her home from the hospital with an inhaler.

Kitelinger had a family history of blood clots. However, during her medical assessment at Dignity Health the medical staff did not ask her whether she had a family history of blood clots. She also had her own medical history of varicose veins. Soon after returning home from the hospital, Vicki fainted twice. She then told her daughter she could not breathe, and her daughter called 911.

The paramedics arrived to the home shortly after the 911 call in a fire truck. An ambulance for transport never came to the house, and it is unknown if one was ever dispatched. After evaluating Kitelinger, the paramedics said that she was just have a panic attack and did not need further medical treatment. They told Vicki to call her family doctor the next day about her elevated blood pressure. Then, the paramedics left the house.

She went to her family physician the next day, as instructed by the paramedics. Determining that she was severely ill, her doctor had her transported to a nearby hospital. Once evaluated at the hospital, she was moved to the intensive care unit (ICU). In the ICU, her heart failed and her pulse was lost for ten minutes. She and her pregnancy could not be saved. She was removed from life support and died.

Her husband filed a lawsuit against Dignity Health hospital and the paramedics of the Phoenix Fire Department. The lawsuit alleges that Dignity Health failed to properly assessed her symptoms or diagnose her condition. The lawsuit also claims that the paramedics failure to assess and transport Kitelinger gave no chance of survival. While the lawsuit against the hospital is still ongoing, the city agreed to pay a $1 million settlement to Kitelinger’s husband and family regarding the claims against the fire department.

Litigation Funding for Medical Malpractice Lawsuits

September 25, 2020

Iatrophobia is a fear of doctors or going to the doctor. Millions of people go to doctor every year with anxiety and worry. Some worry about receiving a bad diagnosis. Others are afraid that the doctor will make a mistake while performing a medical treatment or surgery on them. Unfortunately, circumstances do occur in which the medical professional negligently harms a patient. Such negligence is called medical malpractice.

You may have injuries as a result of a medical worker’s negligence to you. To get compensation for your financial and non-financial losses, you may decide to file a medical malpractice lawsuit. However, lawsuits can be expensive because of court costs and litigation fees. Litigation funding can help cover your legal costs throughout the case. If you need legal financing for your medical malpractice lawsuit, contact Litigation Funding Corporation today at (248) 702-6022 to find out how they can help you.

What is Medical Malpractice?

Medical malpractice is negligence by a medical professional who fails to perform his duties at or above the standard of care required for his occupation, training, and experience. Under Michigan law, the injured party of a medical malpractice claim must state and prove the following:

  • The facts of the claim;
  • The stated of practice or care the medical professional must have;
  • How the medical professional his duty and standard of care;
  • What the medical professional should have done to comply with his professional standard of practice or care; and
  • The medical professional’s breach of duty was the legal cause of injury

What is Litigation Funding?

Litigation funding, also called legal funding, occurs when a third party financing or funding company pay for the cost of your litigation and other legal cost associated with your lawsuit. The third-party financing essentially assumes all the financial risk of a legal case.

The benefit of legal funding is that party in the lawsuit that receives financing, usually the plaintiff, does not have to pay back the financing company out if his own pockets. The funding is like having a lawsuit loan; however, the funding business only get their money back if the plaintiff settles the case or wins at trial. If you hire an attorney, funding goes to her to represent your lawsuit. Although the third-party financing pays for the attorney’s representation, you still control your case. The attorney must work your best interest and communicate your decision to other parties and the court throughout the litigation.

Paying Back Litigation Funding after a Medical Malpractice Settlement or Trial Win

In a medical action, the plaintiff may have damages that the seek compensation recovery. The damages may include:

  • Medical bills
  • Future medical treatment
  • Reconstructive surgery
  • Loss of financial support
  • Loss of consortium

A person that files a medical malpractice lawsuit in Michigan law, may recover two types of damages – economic loss and noneconomic losses. Economic losses are the financial losses the injury party incurs because of the negligent act. They include , medical bills, lost wages, and lost of employment. State law defines noneconomic losses as loss due to pain, suffering, loss of enjoyment or companionship. Such losses at a limitation on how much the injury party can receive. Under state law, the amount for noneconomic losses cannot be more the $280,000 no matter now people are suing the medical professional or facility

Hiring a Litigation Funding Company

If you were the victim medical malpractice and want to file a lawsuit, contact Litigation Funding Corporation today at (248) 702-6022 to find out about your legal funding options and how they can help you cover the cost of your case.

Lawsuit Settles for $46 Million In Favor of The Parents of Child Crushed by a Dresser

September 15, 2020

The moment children are born they began to explore the world around them. From opening their eyes and looking around to walking and talking they are learning about their physical abilities. Proprioception is how the body is able to sense its location, movements, and actions. Such sensory ability is why people, especially children, can move without consciously thinking about their environments. As children grow and test their physical capabilities, they may reach, pull, and climb on items that can tip-over on top of them.

Furniture tip-overs are often occur when large and heavy furniture becomes unbalanced. According to The U.S. Consumer Product Safety Commission (CPSC) report, Product Instability or Tip-Over Injuries and Fatalities Associated with Televisions, Furniture, and Appliances, the main sources of furniture tip-overs include

  • Chests,
  • Bureaus,
  • Drawers,
  • Bookshelves
  • Television stands,
  • Desks

Injuries and fatalities can occur from furniture tip-overs. Approximately ninety percent of deaths due to furniture falling over occur in the home with fifty percent occurring in a bedroom. Many of the injuries and fatalities occur because the furniture was not secured. Children reportedly have more furniture tip-over injuries and fatalities than adults. About every 43 minutes a child in the United States is a victim of a furniture tip-over.

May 24, 2017, two-year-old Jozef Dudek was put down in his for a nap by his father. When his father returned later to check on him, he was found crushed under a 70-pound IKEA dresser. He later died from injuries to his neck that caused him to suffocate. The parents purchased the dresser in 2008, which was voluntarily recalled by IKEA in 2016. The Dudeks said that they never received notice of the recall. The recall of 29 million chests and drawers came after three children died in the previous two years in dresser tip-over accidents. Other dangers of tipping over included having multiple drawers open at the same time and a child opening drawers and trying to climb on them

His parents filed a lawsuit against IKEA for knowing that their dressers had been associated with many injuries and death caused by tip-overs. The lawsuit also alleged that the IKEA failed to take the adequate measures to improve the safety and stability of the dressers. The lawsuit included additional legal claims such as,

  • failure to warn consumers the dressers should not be used without being anchored to a wall
  • intentionally or recklessly failing to redesign the dresser to address the risk of injury or death
  • failure to warn the public of the risk
  • failure to stop the sale of the specific line of dressers

The lawsuit reached a settlement. IKEA agreed to pay the $46 million to the family of Jozef Dudek. The amount is believed to be the largest for a child wrongful death action.

Under Michigan law, a wrongful death action arises when a death of a person or injuries resulting in death are caused by a wrongful act. Products that are defective because of manufacturing or design can lead to death or injuries resulting in death. A product liability lawsuit deals with death or injury to person or damage to property because of the production of a product. Product production includes manufacturing, construction, design, assembly, inspection, warning, instructions, selling, packaging, and labeling. The manufacture or seller of is liable for harm or death caused by a product defect if the plaintiff proves the product was not reasonable safe at the it left the manufacturer or seller and a safer alternative was available to prevent harm without changing the use or desire of the product.

The plaintiff in a products liability case, may seek economic and noneconomic damages the resulting injury or death. Economic damages are the damages that have dollar amount that can be calculated and verified, such as medical expenses, lost wages, loss of future earnings, burial costs, or loss of employment. The noneconomic damages does not have set amount and are emotional and mental damages from the injury or death. They include pain and suffering, mental anguish, disfigurement, emotional distress, or loss of companionship. Michigan law places a cap on the amount of noneconomic damages the plaintiff may recover in a product liability case. The plaintiff may not receive noneconomic damages in an amount greater than $280,000 unless the defect in the product caused death or permanent loss of a vital bodily function. If so, the total amount of noneconomic damages cannot exceed $500,000. However, if the court determines that at the time the of manufacture or distribution of the dresser, the defendant had actual knowledge the product was defective and substantially likely to causes injury, but intentionally disregarded the knowledge, the limitation of damages does not apply.

When the injured party or the deceased victim’s legal representative files a product liability wrongful death lawsuit, the lawsuit must go through the legal process. The case may settle before going to court or may undergo a lengthy trial. Therefore, the resolution of the lawsuit may take place several weeks to years from the date the lawsuit was filed. However, the medical or burial expenses are due regardless the outcome of the case. An option to cover costs during the lawsuit is litigation funding It is a third-party financing that pays the legal costs associated with the lawsuit and assumes the financial risk of a legal case. The plaintiff usually pays the financing company only if the lawsuit settles or wins a trial. “Although the financing company provides the funding, the client still controls the case,” says Daren Monroe of the Litigation Funding Corporation.

Permalink | Filed Under: Blog Posts |

Doctor Surrenders His Medical License Amidst Lawsuits And Regulatory Complaints of Medical Malpractice for Misdiagnosis of Epilepsy In Children

September 9, 2020

Epilepsy is a chronic neurological disease that affects more than 65 million people worldwide. The main symptom presents as recurring unprovoked seizures which can develop in people at any age. Epileptic seizures are common in young children and the elderly. The causes of epilepsy may be known in some individuals while unknown in others. When the cause is known, treatment for the disease may be more successful. The five areas of epilepsy causes are: genetic; structure; metabolic; immune-related; or infection.

Genetic epilepsy occurs when seizures are from a known or presumed inherited or acquired genetic defect or problem associated with epilepsy. Structural epilepsy is based on a distinct, physical cause in the brain that substantially increases the risk of seizures. Metabolic epilepsy causes may arise because there is disruption in how the body uses the food to make energy and affects the normal function of brain cells. When brain inflammation from protein alters the brain and causes seizures, the epilepsy has an immune causes. Medical proof of a brain infection that leads to seizures results in a diagnosis of infection epilepsy.

A doctor may diagnose a patient with epilepsy if he meets one or more of the following medical conditions:

  1. Has at least two unprovoked or reflex seizure more than 24 hours apart
  2. Has one unprovoked or reflex seizure and at least sixty percent probability of recurrence after two unprovoked seizures over the next 10 years
  3. Has diagnosis of an epilepsy syndrome

After diagnosis, many doctors begin treatment by prescribing anti-seizure medication. The dosage and length of treatment is determined on a case-by-case basis. However, side effects may occurs from taking the medication and range from mild (fatigue, dizziness, weight gain) to severe (depression, suicidal thoughts, inflammation of certain organs). Side effects in very young children taking anti-seizure medication can have significant emotional toll on them.

The Center for Disease Control (CD) reports that nearly 500,000 children in the United States have epilepsy. With such a serious diagnosis, parents believe in the education, training, and experience of their doctors and cooperate with their treatment plans. However, situations may occur when a doctor misdiagnoses a child with having a disease she does not have. Therefore, the treatment and medication prescribed are unnecessary and may have caused negative impacts on throughout the life of the child.

In 2008, several hundred lawsuits were filed against Dr. Yasser Awaad for misdiagnoses of epilepsy in hundreds of children. The former Detroit-based pediatric neurologist was accused of misreading tests results and radiology images and then labeling the patients epileptic. The lawsuits also allege that he misread the test for monetary gain for himself and his employer. The legal complaints state that Awaad forced the children to take medical tests multiple times that even though the children did need them.

At the time the lawsuits were filed, many complainants were adults. In 2019, the cases finally went to trial. The court rendered a verdict in one of the cases for $3 million. A majority of the amount was for suffering, distress, and humiliation. Awaad surrendered his medical license and paid a $5,000 penalty.

Sometimes it take many years for a legal case to go to trial or reach a settlement. While awaiting for a court date or settlement conference, the party bringing the lawsuit may still incur legal costs. He also have personal financial obligations that he pay. To cover the cost of the litigation and other costs during a court case or while awaiting the start of the legal process, the person may need financing to cover expenses.

Litigation funding or litigation financing is a third party financing that pays the costs associated with the lawsuits. The third-party funding company assumes a financial risk by financing a party’s legal case because it gets it money back if the party wins the case or reaches a settlement. The party seeking the financing has the benefit of not paying the money back of his own pocket. Daren Monroe of Litigation Funding Corporation, Michigan advises, “Although the litigation financing company pay the legal costs, the attorney works for the client.” He continues, “The client controls the case, and the attorney must communicate only to the client in order to protect and preserve the attorney-client privilege.”

Permalink | Filed Under: Blog Posts |

Lawsuit Alleges Negligence Caused Infant’s Brain Damage During Birth

September 3, 2019

Few things are more devastating than realizing that an incident during birth caused your child serious and permanent injury.

A woman has filed a medical malpractice lawsuit against a medical center and doctor over allegations of negligence.

The plaintiff was admitted to the medical facility for labor and delivery. She alleges that drugs were administered to induce labor, then subsequently increased when labor wasn’t progressing promptly. Although the baby was also being monitored, the lawsuit claims that he showed late decelerations that were not recognized by the defendants. As a result, the baby was born with hypoxic-ischemic encephalopathy (HIE), a type of brain damage when the brain doesn’t get enough oxygen and blood. The child will suffer from life-long medical complications and disabilities, the suit states.

Cases like this are hard-fought; moving forward may be financially draining. Medical expenses, coupled with day-to-day bills associated with the case of the child, could leave this family financially devasted.

While litigation funding cannot solve physical and emotional issues, a lawsuit cash advance can substantially lessen the financial burdens.

Litigation funding is interim financial support to plaintiffs in a pending lawsuit. Funding is based solely on the strength of the case; if the case is reviewed and appears to be winnable, the application will likely be approved with funds available within 24 – 48 hours. No money is owed until the case successfully settles at which time repayment is made from the proceeds of the case. If the plaintiff loses the case, repayment is waived completely.

The application process is quick and easy by phone or online because credit-worthiness and job history are not factors in our funding decision.

If you have filed, or plan to file, a medical malpractice lawsuit and are represented by an attorney, you may be eligible for medical malpractice litigation funding. For a free, no-obligation consultation or funding analysis, contact Litigation Funding online or by phone.

Permalink | Filed Under: Blog Posts |
Litigation Funding