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Litigation Funding Blog

Vascular Surgery Leaves Man Deaf and Blind

October 16, 2015

Robert Klade was left deaf and blind after vascular surgery. He elected to file a medical malpractice lawsuit against the hospital, surgeon and anesthesiologist seeking compensation for his injuries.

Klade’s lawsuit is seeking compensation of more than $75,000 for emotional distress, mental anguish, pain, suffering, medical and rehabilitative costs, loss of income, loss of employment, loss of earning capacity and loss of enjoyment of life as a result of elective vascular surgery to repair an open aortic aneurysm in December 2012. The suit also alleges the hospital and its medical staff were negligent for not reducing/reversing Klade’s heparin, not ordering an activated clotting time test and not appropriately handling Klade’s hypotension (low blood pressure).

According to the information filed with the complaint, Klade was given heparin before, during and after the surgery. His surgeon was Dr. Scott Charette and the anesthesiologist was Dr. Robert Childs. The complaint detailed that Klade lost 3,200 ml of blood during the surgery and his heparin was not reduced after the surgery. He was taken to recovery and two hours later transferred to a critical care unit with dangerously low blood pressure.

After being in critical care for two hours both doctors agreed Klade was likely suffering from internal bleeding and he was taken back into surgery. Despite an exploratory operation to determine the source of blood filling Klade’s abdomen, Charette could not find a specific source. Klade was taken back to critical care and remained heavily sedated and on a ventilator for several weeks. He was eventually stable enough to be taken to physical therapy where it was discovered he was blind and almost totally deaf. Klade needs care for the rest of his life.

The medical expenses in a case such as this one would be enormous and difficult to pay. The family would be hard pressed to keep up with their usual financial obligations without attempting to pay the thousands of dollars billed for two surgeries and a prolonged stay in a hospital. Although there are a number of possible solutions, including attempting to secure a personal loan from family members, the best resolution to this dilemma would be applying for litigation funding. A lawsuit loan is emergency funding sent directly to an approved plaintiff, done within 24 to 48 hours. The funds are sent by the fastest method possible and may be used by the plaintiff for anything.

Most, however, take care of their pressing medical bills and hang on to the rest of the funds to deal with any other financial necessity that arises while they are waiting for their case to go to settlement or trial. Cash strapped plaintiffs find pre-settlement funding appealing for a number of reasons. Once they have such funding, they are not obligated to deal with insurance companies in a hurry to get them to settle cheaply, and if they lose their case in court, they get to keep the loan with no strings attached.

Misread CT Scans Leads to Woman’s Death

September 15, 2015

In 2012, Maureen Rogers, 71, arrived by ambulance to a local hospital where she complained of stomach pain. She was initially diagnosed with gastritis, but the attending emergency room doctor also took the extra precaution of ordering a CT scan to check for heart abnormalities. The scan results allegedly showed no abnormality.

Rogers was discharged several hours later and was found dead in her home the next day. As a result of her sudden death, an inquest was held and it was discovered that the radiologist failed to diagnose an ultimately fatal heart condition, a dissected aorta. The inquest found there was no reason why the doctor made an incorrect diagnosis and stated in his report that there was no acute abnormality seen in the abdomen or chest. A dissected aorta is clearly seen on a CT scan.

In addition to the stress and grief this family suffered, they would have also been faced with large medical bills for the medical care provided, including paying for the ambulance trip to the hospital and funeral and burial expenses.

A solution for their financial difficulties could come in the form of litigation funding, otherwise known as pre-settlement funding or a lawsuit loan. Litigation funding is an emergency cash advance that allows plaintiffs in financial straits to get back on their feet while they are waiting for their case to be settled or to go to court.

In order to receive litigation funding, the plaintiff and their attorney must first submit the required case paperwork to a litigation funding company for approval. The case outlines all the facts and the suggested amount it may be settled for or what the plaintiff may be awarded in court. Once the application has been approved, the lawsuit loan arrives directly in the plaintiff’s bank account within 24 to 48 hours.

From there, the applicant may use the pre-settlement funding to spend on anything they want. However, most know that paying their immediate medical bills and staying current on all other financial obligations is the smart thing to do. It also makes good sense for them to hold funds for the duration of their wait for justice.

One of the highlights of having that money on hand is the fact that plaintiffs do not have to deal with insurance companies who want them to settle for far less than they could expect in court. Insurance companies are not in the business to settle high. They want to reduce, diminish or dismiss as many claims as possible.

With litigation funding in the bank, the plaintiff can ignore any insurance company overture to settle. Applying for a lawsuit loan is also a very user-friendly process, with service representatives to help every step of the way. They know that when a plaintiff applies for a lawsuit loan, they have been through the wringer and need help. Plaintiffs are treated with great respect and courtesy.

Misdiagnosis Allegedly Leads to Man’s Paraplegia

September 9, 2015

A misdiagnosed case of tuberculosis at the Orlando Regional Medical Center in Orange County leaves Vincent Chambers paralyzed from the waist down.

Vincent Chambers, 26, was working for the county utilities department in Orange County, Florida, when he began to experience back pain in 2012. He was given a battery of tests including a Tuberculosis (TB) test, spent 10 days in hospital and visited several medical practitioners and a rheumatologist in early January 2013.

The rheumatologist diagnosed Chambers with rheumatoid arthritis and administered a shot of HUMIRA, which is contraindicated for patients with tuberculosis.

It was not long after receiving the HUMIRA injection that Chambers began to lose feeling from the waist down and experience numbness. He went to the Orlando Regional Medical Center E.R. where he was diagnosed with complete paraplegia; the doctor who examined him stated an infectious disease was not a likely cause of his paralysis.

Chambers, who was using a wheelchair, was eventually sent to University of Florida Health – Shands Hospital. Doctors there indicated he had tuberculosis, not rheumatoid arthritis, and that in fact there was no evidence he ever had rheumatoid arthritis. He was started on the appropriate TB medication on January 28, 2013.

The plaintiff in this case chose to file a medical malpractice lawsuit against multiple named defendants, alleging breach of duty, failure to provide reasonable medical care, negligence and failure to provide appropriate treatment. The statement of claim for the lawsuit indicates Chambers has medical bills in excess of a half-million dollars and that he needs personal care for the rest of his life, for which his expenses would be in the millions.

Faced with such astronomical bills and the necessity of medical care for the remainder of his life, Chambers may have been interested in finding out about pre-settlement funding. A lawsuit loan would assist him in paying off his medical bills and also keep current with his regular financial obligations.

By contacting a litigation funding company, one would discover that pre-settlement funding takes the form of a fast cash loan that usually arrives in the approved plaintiff’s bank account in less than 48 hours. The applicant would not be subjected to a credit check, pay any money upfront or monthly and would not need to be employed. The applicant would need to be working with an attorney, who would be responsible for submitting the paperwork to get the lawsuit loan rolling.

Litigation funding is not for everyone, but there are many appealing aspects to it for some. Should the case be lost in court, the applicant may keep the lawsuit loan free and clear of any obligations whatsoever.

Horrific Big Rig Crash Results in Three Deaths

August 12, 2015

A 52-year-old Virginia trucker lost his life in a horrendous crash with another big rig. The accident took the lives of three people.

Three people died in an accident involving a head-on collision of two tractor-trailers and a semi on a highway in Maryland. 52-year-old Virginia trucker Terry Coward and his passenger were killed when another big rig crossed the centerline on the highway.

Coward’s wife, Francean Coward, filed a wrongful death lawsuit in Maryland’s Talbot County Circuit Court, alleging the driver of the other semi was at fault for the accident that killed her husband. The statement of claim further alleged that Mr. Coward’s death was due to negligence on the part of Cooley Transport, Inc. and its driver at the time of the crash, Brian K. Hutcheson.

The lawsuit alleges that defendant Hutcheson was driving in a reckless and negligent manner, disobeying the laws and regulations with regard to the safe operation of a commercial vehicle, and completely disregarded the safety of others on the highway by not demonstrating a duty of care for other motorists. It further alleges that Hutcheson’s employer, Cooley Transport, was negligent in hiring him with the knowledge that he was an unfit driver who had caused prior accidents in which he had ignored traffic signals.

Mr. Coward was driving a 2013 Kenworth tractor-trailer eastbound on Maryland Route 404. Hutcheson was driving westbound in a Stoll trailer combination. For some unknown reason, Hutcheson’s vehicle crossed the centerline clipping an eastbound big rig.

Mr. Coward observed the early part of the accident and immediately went into a defensive manoeuvre to try to avoid Hutcheson’s rig by taking a hard steer to the right, but the rig still slammed head-on into Mr. Coward’s Kenworth, causing it to burst into flames. Mr. Coward died as a result of the burns sustained in the accident.

Trucking firms have a duty to hire, train and monitor their drivers, and if a case can be made that this did not occur when Hutcheson was hired, Mrs. Coward stands a good chance of winning her lawsuit.

While waiting for her lawsuit to proceed through the system, Mrs. Coward might be interested in knowing that she could be eligible for a lawsuit loan, an emergency infusion of cash from a litigation funding company that allows a financially struggling plaintiff to pay all of their bills, including medical, funeral and burial expenses.

In situations such as this one, insurance companies are always trying to get a plaintiff to settle early and for less than they may be entitled to in court. Should Mrs. Coward be approved for pre-settlement funding, she would not need to deal with insurance companies or the trucking company attorneys. Should she lose her case in court, she would still be entitled to keep the funds, no strings attached.

Patient sues doctor For Malpractice After Nerve Damage In Shoulder From Unnecessary Surgery

August 4, 2015

Gregory Leigh of New Haven, Connecticut, won $4.25 million in his medical malpractice lawsuit filed against his doctor, Daniel Schwartz.

Leigh came to his doctor in 2008 with a large mass in his neck. It was identified as an inflamed lymph node that would require surgery to remove it. At that time, his doctor, Daniel Schwartz, worked for the MidState Medical Group.

The inflamed lymph node was successfully removed in the surgery, however, 58-year-old Leigh sustained permanent nerve damage to his left shoulder during surgery. His disability is so severe that he is unable to work or use his left arm. He has nerve palsy, cannot raise or extend his left arm over his head, suffers from permanent pain and numbness and has a disfigured shoulder and arm. At the time of Leigh’s operation, he was employed as a laborer.

It was revealed during the course of Leigh’s three-week trial that his mass could have been treated by administering antibiotics, and the radical surgery had not been necessary. It was later discovered the mass was caused by Cat Scratch Disease, a bacterial infection that can cause inflammation of the lymph glands.

At the end of the three-week trial, a six-person jury handed down an award that included $500,000 for pain and suffering, $500,000 for loss of enjoyment of life, $1.625 million for future pain and suffering and a further $1.625 million for future loss of enjoyment of life’s activities. The doctor stopped practicing surgery in 2010.

Leigh would have been a good candidate to apply for pre-settlement funding from a litigation funding company. Litigation funding is a lawsuit loan advanced to a qualified plaintiff to allow them to pay their overwhelming medical and other expenses while they wait for a trial or settlement.

The process to apply for a lawsuit loan is very user-friendly and may be done online or by making a phone call and speaking to an intake representative. The plaintiff wishing to apply for a loan must have an attorney-of-record and be able to provide the paperwork the litigation funding company requires to approve pre-settlement funding. Once a plaintiff is approved, their funds may be on the way to his or her bank in less than 24 hours.

Although this may not be an option for everyone, it is appealing to many to help them get out of debt while they wait for their case to be resolved.

Wrongful Death Lawsuit Filed After Health Net Deems Chemotherapy Unnecessary for Cancer Patient

July 27, 2015

When an insurance company deemed chemotherapy unnecessary, a 75-year-old woman, a former civil engineer, died of colon cancer.

The wrongful death lawsuit filed in this case alleges negligent infliction of emotional distress and elder abuse by Health Net of California Inc. The company cut off insurance payments for Alicin Basley during her chemotherapy treatments for colon cancer. The lawsuit suggests that in terminating the payment, Basley died sooner than she otherwise would have had the treatments been continued.

The statement of claim indicates that Basely had stage 3 colon cancer and her tumor was surgically excised a month following her initial diagnosis. The cancer progressed to stage 4 and she started treatment in October 2013. Her health had improved significantly by spring.

In the summer of 2014, the California Department of Health Care Services transferred her insurance plan to a plan offered by Health Net. Health Net was allegedly aware that if Basley’s treatment were interrupted it would mean a serious risk to her health. Health Net terminated her coverage, suggesting treatments were not medically necessary and that her physician was not in their network.

Despite the family’s attempts to have Health Net reverse its decision, Basley did not receive proper care and died in a local hospice in October.

Basley’s family would face staggering medical bills for the care and treatment of their mother, as well as her funeral and burial expenses. One option open to them to take care of those bills quickly would be to apply for a lawsuit loan from a litigation funding company. Pre-settlement funding or litigation funding is an emergency lawsuit loan, fast cash, made available to qualified plaintiffs on approval of their application.

Qualifying plaintiffs find the process user-friendly and it accommodates their immediate need for financial support. A lawsuit loan also permits the victims and those that represent victims the time and space to heal and not have to deal with insurance companies that try to get them to settle for less than they may be awarded in court.

Elderly Women Left With Broken Leg After Being Thrown out of Wheelchair

July 3, 2015

An elderly woman broke her leg after she was thrown out of her wheelchair when the van she was riding in suddenly stopped. Her caregiver did not call for medical assistance.

The retired teacher was 95-years-old on the day she went for a ride with a caregiver. They were driving in a handicap-equipped minivan that came to a sudden stop. The woman, who suffered from dementia, was thrown out of her chair, breaking her fragile legs and several ribs and sustaining multiple contusions and internal injuries. Those injuries led to her death several months later.

The death certificate indicated that “blunt force injuries” contributed significantly to her death. In the portion of the certificate that is designated to describe how the injuries occurred was written: “Fell out of wheelchair/caretaker did not strap her in properly.”

According to the statement of claim in the lawsuit filed against her, the caregiver had secured the woman’s chair inside the van in the proper manner, but did not buckle the woman’s seat belt; the passenger was unable to buckle it up herself. During the ensuing ride, the caregiver, for an unknown reason, slammed on the brakes, catapulting the passenger into the dashboard while her wheelchair remained fixed in its restraints.

Eyewitness accounts appended to court documents report that the driver pulled into a parking lot to ask a truck driver to help her lift her charge back into her wheelchair. Two good Samaritans did assist in putting the woman back into her chair, while the driver allegedly texted on her cellphone.

With two broken legs and several broken ribs, the elderly woman was in ferocious, unrelenting pain. The caregiver was indicted on a charge of injury to an elderly individual. The second lawsuit filed, a civil wrongful death lawsuit, is set to proceed once the criminal charges have been handled.

One of the most troubling things about the case is that the caregiver did not call for medical aid, did not call 911, did not call an ambulance, did not report the incident to the police and did not tell the woman’s family about the fall.

The deceased woman’s family may wish to look into applying for pre-settlement funding from a litigation funding company. A lawsuit loan is emergency funding sent to a qualified plaintiff that allows them to pay for their usual expenses and the added burden of enormous medical expenses. In some instances, plaintiffs are also struggling to pay funeral and burial expenses.

Many plaintiffs find litigation funding appealing because it does not have to be paid back if they lose their case in court. They are also not required to pay any funds upfront or during the wait for the trial, do not need to have a job when they apply and are not required to go through a credit check.

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Family of Sergio Navas Files Wrongful Death Lawsuit for $10-million Against LAPD

July 1, 2015

An unarmed man was shot and killed by a Los Angeles Police Department Officer. Sergio Navas’ family filed a wrongful death lawsuit.

Sergio Navas, 36-years-old, died on March 5, 2015. The incident began when two LAPD officers spotted a gold 2003 Mercury Sable bearing paper license plates. The car had been reported stolen an it appeared to be driven erratically. The police started to follow the car, and at that moment, the individual driving it increased speed and fled. The officers pursued, and a six-minute chase ended when their cruiser and the suspect’s vehicle collided.

The police officer in the cruiser’s passenger seat opened fire. The driver of the car with the paper plates exited his vehicle and ran toward an alley entrance situated a few feet from the scene of the crash. A foot chase ensued with no further shots fired. Navas was apprehended, brought down and cuffed on the sidewalk, where he died. First responders pronounced Navas dead at the scene. It was the second fatal shooting by the LAPD in four days.

The claim filed against the City of Los Angeles and Officer Brian Van Gordon seeks punitive damages, survival and general damages, loss of financial support and funeral and burial expenses.

The statement of claim for his family’s lawsuit alleges that Navas in no way presented as a threat to the police officer at the time of the shooting — that Officer Van Gordon was not at risk for his life or serious bodily injury.

Further allegations involve a claim of failure to call for medical assistance, battery, negligence and false arrest and imprisonment.

The Navas family may wish to look into applying for litigation funding to help pay the expenses that resulted from this sudden death. A lawsuit loan assists struggling plaintiffs to pay their usual financial obligations— such as mortgage, rent, car or student loans — as well as those incurred for the loss of a family member.

Also referred to as pre-settlement funding, the lawsuit loan, placed directly in the plaintiff’s bank account, may be used for anything. But most approved applicants take care of their immediate bills, such a funeral and burial expenses. Cases like the wrongful death suit filed by Navas’ Family may take a long time to get to court and are sometimes even settled on the steps of the courthouse. In the meantime, pre-settlement funding, would give the family the financial assistance to help them manage day-to-day while waiting for a resolution to their case.

Workplace Crush Death Leads to Wrongful Death Lawsuit

February 18, 2015

If a wrongful death lawsuit is filed with the assistance of an attorney, the family or plaintiff of the deceased may apply for pre-settlement funding from a litigation funding company.

In one such horrific wrongful death case, Travis Miller, 25, perished in an elevator shaft while working on the Florida State University (FSU) dorm construction site.

The elevator operator had noticed Miller in the window on his way up the outside of the building, and had made a mental note to tell him on the way down that he needed to move. Unfortunately, he never got the chance to warn Miller.

Miller was perched on the ledge of an open window talking to three of his co-workers when an elevator came down. It pulled him into a one-and-a-half inch space between the building and the elevator. The men yelled to the elevator operator to go back up, immediately.

By the time they pulled the young man back through the window, he was dead. An autopsy report confirmed crushing trauma to Miller’s torso. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is conducting an investigation.

Miller’s family is seeking a least $15 million in their wrongful death lawsuit, alleging the University had a duty to maintain a safe worksite that could have prevented Miller’s death. The suit further alleges that onsite workers were not properly supervised, and that because the site was dangerous, the FSU should have implemented extra safety precautions.

The evidence submitted with the statement of claim showed that the window where Miller sat, and several other windows in the building, had a wedge of plywood in it to avoid this very kind of tragedy. Someone removed those barriers a month prior to the accident, and never replaced them. Apparently the building superintendent was not aware that the plywood had been removed from the windows.

The family was left with the conundrum of how to pay for the extra expense of a funeral and burial, and how they would pay their bills while they waited for their case to go to court. One option they could have considered is applying for litigation funding. A lawsuit loan is fast cash that arrives within a plaintiff’s bank account within 48 hours of being approved for pre-settlement funding.

Once the litigation funding is in place, the family may pay all of their extraordinary expenses and keep their usual monthly financial obligations current. Lawsuit loans are not for everyone, but they are worth checking out to see if the funding they provide can help one hold the line until the case is settled, one way or the other. And, if the case doesn’t win in court? Then there is no need to repay pre-settlement funding, no strings attached.

Man Drowns After Being Knocked Down By Huge Wave in Water Pool

February 5, 2015

A wrongful death case involving the death of a man in a wave pool with his two young daughters occurred during a 2011 holiday. A wave struck 44-year-old Patrick Page while riding in an inner tube, and the force of the impact knocked him out of the tube.

Although Page was only in three feet of water in the Wisconsin Dells’ Wild WaterDome, several other resort guests discovered him face down in the pool. They were attempting to pull him out of the water when lifeguards arrived and began CPR.

Though emergency responders arrived at the scene within minutes, they were unable to revive the father of two. Page’s family chose to file a wrongful death lawsuit, alleging that resort staff were negligent because they were not properly trained, and did not follow proper safety procedures. The suit seeks loss of earning capacity, pain and suffering, and medical, funeral and burial expenses.

The sudden death of Patrick Page likely posed an enormous shock for the family, emotionally and financially. The loss of the breadwinner created a very difficult financial situation, with two small children left behind needing both care and guidance. The family still had to take care of their usual bills, in addition to funeral and burial expenses.

It is not easy to find several thousand dollars to pay for a funeral and deal with all the other financial matters that crop up when someone dies. The best way to cope with such an enormous burden would be to apply for litigation funding. Litigation funding is an emergency cash loan to a plaintiff who has filed a personal injury lawsuit with the assistance of an attorney.

This pre-settlement funding is a lifesaver for financially strapped plaintiffs, and allows them the peace and time to recover from their ordeal. A lawsuit loan also covers every important bill that needs to be paid – those relating to the father’s death, as well as those usual bills every family has, such as the mortgage, rent or car payments.

Qualified plaintiffs receive their funding within 48 hours or less, provided they have supplied the name of their attorney of record. When insurance companies come calling to ask the plaintiff to settle up as soon as possible, a lawsuit loan allows the family resources to wait until their case receives a fair hearing in court or proceeds to settlement.

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