Litigation Funding Blog
May 31, 2017
A Utah man went to a medical clinic in November 2011 complaining of chest pain that radiated to his abdomen. He was initially diagnosed as having constipation.
A 55-year-old driver for the Utah Transit Authority experienced pain in his chest and abdomen that prompted him to go to a local medical clinic. The man was seen by a physician’s assistant (PA). The PA diagnosed him as having constipation. No tests, such as an EKG or chest radiographs, were ordered and he was not sent to the E.R.
The man’s pain continued for more than a week and he went back to the medical clinic and was seen by a different PA. He was once again diagnosed with stomach pain and constipation. No further tests were ordered. Four days later, the patient died of aortic dissection. His wife filed a medical malpractice lawsuit. The jury delivered a verdict of $2.9 million with a finding that the medical clinic was 70 percent at fault and had breached the standard of care and that the patient was 30 percent at fault for not going to the E.R. on his own.
If you suffered a serious personal injury or a loved one died as a result of alleged medical negligence, hiring an experienced lawyer could make a difference in the outcome of your case. If you do not have a lawyer and do not know where to find one, Litigation Funding Corporation can assist you in obtaining one, no matter what state you reside in. Once you have an attorney-of-record, the litigation process begins but may take many months or years to resolve.
For victims of medical negligence, litigation funding, also referred to as a “lawsuit loan,” is the only option they may have to avoid exhausting their financial resources. By applying for pre-settlement funding an approved plaintiff receives non-recourse funds in advance of their lawsuit. Non-recourse funding is contingent on the outcome of the case and repayment is only made if the case is won and compensation awarded.
May 17, 2017
Parents of a toddler, who sustained brain damage, received $46.5 million in a medical malpractice verdict.
When the baby was born in 2014, her blood tests indicated high bilirubin levels. There were no further tests done and the hospital did not administer phototherapy lights to treat the baby’s jaundice, the required steps for treatment. Jaundice is an indicator of high levels of bilirubin and if it is ignored it penetrates a newborn’s blood brain barrier, causing brain damage.
Due to the untreated jaundice, the baby suffered developmental delays and is unable to walk without help. The now two-year-old requires 24-hour care for the rest of her life. The parents filed a medical negligence lawsuit against the hospital and the physician in charge of the delivery, alleging they did not follow national patient safety guidelines relating to newborn jaundice.
According to expert witness testimony, the child’s bilirubin levels were examined when she was less than two hours old. However, the results were compared to what an acceptable level would be for a two-day-old child. The brain damage resulting from the untreated bilirubin levels is considered a mistake that was preventable, according to the National Quality Forum.
The jury found the doctor to be 85 percent liable for the damages and the hospital to be 15 percent liable.
Medical negligence lawsuits take many months and sometimes years to be resolved. In the meantime, families will often struggle to pay their monthly financial obligations, prior medical bills and ongoing medical expenses. By contacting an experienced medical malpractice attorney, families are able to seek lawsuit funding for financial assistance to allow them to wait for a settlement or court verdict for the full and fair value of the case.
Most plaintiffs find lawsuit funding, also referred to as pre-settlement funding, to be a lifeline while waiting for their lawsuit to be resolved. A “lawsuit loan” offers victims the strategic advantage of having cash-on-hand to wait for a reasonable offer.
An application for pre-settlement funding may be handled over the phone or online. It only takes five minutes to get that done and there are no credit checks, monthly payments or upfront fees. Lawsuit funding is a no-risk quick cash advance and can mean the difference between an equitable settlement and a low-ball mediocre one.
January 19, 2017
Patient sues a health care provider after she falls attempting to get to the restroom.
A medical malpractice lawsuit was filed by patient, at a Charleston medical center, Jane Smith (not her real name). The woman who was heavily sedated, woke up in her room, attempted to use the restroom and fell. The fall resulted in disabling and severe injuries that subsequently required two expensive surgeries.
The plaintiff alleged that the medical staff negligently removed additional barriers placed on her bed by her daughter, disconnected the safety alarm and lowered the bed rails. Since the patient was still under sedation the absence of such safety precautions were alleged to be a causative factor in the fall.
According to the statement of claim, the patient was billed for an additional $66,294 for the surgeries required as a result of her fall. The lawsuit alleges that in addition to the medical staff failing to render services and proper care in a safe and prudent manner, the patient also suffered from mental anguish and additional pain.
Filing a personal injury medical malpractice lawsuit may be the means to improve quality of care and safety. However, such lawsuits typically take months to years before a settlement is reached. This is a serious disadvantage for individuals living on a fixed income who do not have extra resources to ensure their case keeps moving forward. Litigation funding may be the perfect solution in a case such as this.
With a lawsuit cash advance, also referred to as litigation funding or pre-settlement funding, plaintiffs can meet their financial obligations and other everyday living expenses. Pre-settlement funding approvals do not require the applicant (plaintiff) to have good credit, make monthly payments or to have a job. Payments are not made until the lawsuit is settled successfully or a jury verdict for the plaintiff is handed down.
Lawsuit loans are considered to be a non-recourse cash advance, which means if the plaintiff loses their case, repayment is waived. With such a significant advantage in favor of the plaintiff, there is no need to settle.
August 19, 2016
The potency of medical marijuana and its effects on the individual ingesting it are in question in this wrongful death lawsuit.
This lawsuit deals with an edible marijuana manufacturer in Colorado who sold 50-year-old Richard Kirk a ten-pack of chewy Karma Kandy Orange Ginger candies, each containing 10 milligrams of tetrahydrocannabinol (THC). According to law enforcement personnel, Mr. Kirk had eaten a fair number of those candies the night he shot and killed his wife.
On April 14, 2014, 44-year-old Kristine Kirk, Richard’s Kirk’s wife, called 911 and told the police her husband had taken some marijuana and was hallucinating. Several minutes later, gunshots were heard and the call was disconnected.
When police arrived at the Kirk residence, they discovered that the shooting had taken place in front of the couple’s three children. They were not harmed and were placed with relatives. Mr. Kirk was taken into custody and faces first-degree murder charges in the death of his wife.
The guardians of the Kirk’s three children filed what may well be a unique bellwether wrongful death lawsuit against the candy maker and the distributor. It alleges that the makers purposely and recklessly concealed the dosage instructions and did not include a warning on the packages that getting high from edibles could lead to hallucinations, paranoia and psychosis.
Mr. Kirk’s defense counsel plans to enter a plea of not guilty by reason of drug-induced insanity.
There is not a lot of information available on the side effects of ingesting recreational marijuana and that fact may open the door to hold the maker of such edible products as Karma Kandy Orange Ginger candies liable. What is relatively well known is that ingesting THC can be more unpredictable than smoking the drug because the effects are usually delayed and the adverse reactions can be quite severe.
The Kirk family would have had significant bills to pay for the funeral and burial of Ms. Kirk. Trying to pay those bills while also assuming responsibility for three children would be financially difficult. The fastest way to obtain cash during their pending claim may have been to apply for litigation funding.
The whole process takes five minutes or less and applicants may fill out the litigation funding intake form online or call for information. Once the forms have been processed, it is up to the plaintiffs to call their attorneys and advise them a request for information is coming from the lawsuit loan company. The cash is typically in plaintiffs’ hands within 48 hours or less. There is no risk for the plaintiffs and the litigation funding company only gets paid when the plaintiffs win their cases.
