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Litigation Funding Blog

Jury Awards 6-Year-Old $40 Million for Birth Injuries that Left Her Paralyzed

October 19, 2021

On the evening of March 2, 2011, a 34-year-old woman arrived at the hospital over 34 weeks pregnant with twins. The hospital induced her labor. The next afternoon, the attending physician determined that the mother was ready to give birth.

During the delivery, one twin suffered a spinal injury that caused her paralysis from the mid-chest downward. She had damages to her spinal cord and several torn nerve roots. The injuries left her unable to stand on her own, and now she has to use a wheelchair. 

The little girl’s parents filed a lawsuit on her behalf in 2013 against the doctor, hospital and health system. The parents’ medical malpractice claim alleges that the mother was supposed to deliver via cesarean section and that one of the babies was in the feet-first position, which is highly risky for a vaginal delivery.

According to the suit, a loud popping sound occurred when delivering the baby’s head. The memo stated that the sound was the spinal cord breaking. Also, the torn root nerves resulted in damage to her right arm.

The lawsuit went to trial in January 2018. The jury ruled in favor of the parents and their daughter. They awarded the now six-year-old girl over $40 million for her injuries and damages, and $ 10 million is for pain and suffering.

The remaining $30 million is for her future care based on the determination that she will need physical and occupational therapy for the rest of her life. She will also need extensive hours of daily personal care, assistance with medical care visits, medication and the finances to cover the medical expenses.

When medical malpractice occurs, the parents may file a lawsuit on their child’s behalf against the doctor, hospital and any other negligent party.  

Medical care must continue while waiting for the conclusion of the case. The child’s parents may not be able to afford healthcare costs and a lawsuit. In such a situation, litigation funding may be the ideal option to cover the expenses.

Litigation finance or litigation funding occurs when a third-party lender provides money to the person bringing the lawsuit to fund the case. The borrower uses the money to cover the litigation costs, such as attorney’s fees and court costs. The financing from legal funding can also cover the plaintiff’s personal expenses. 

In return for the financing, the third-party lender receives a portion of the plaintiff’s award when they win or settle the lawsuit. If the case does not resolve in the borrower’s favor, the litigation financer does not recover its funding. The risk of repayment lies with the lender.

Failure to Diagnose by Two Physicians Results in Man’s Death

July 21, 2021

A 63-year-old man died as a result of a severe infection that two physicians failed to diagnose.

The man’s family chose to file a medical malpractice lawsuit, alleging medical negligence. The lawsuit resulted in a jury award of over $4 million.

Court documents showed the man was admitted to the hospital in severe pain. After getting blood tests, two doctors examined him, but neither of the doctors spoke to each other to compare findings and discuss diagnostic possibilities.

The doctors suspected pancreatitis; however, no tests were done to confirm. The patent ended up having sepsis. Thirty-six hours later, the man died. The case ultimately went to the Supreme Court, and the jury found both physicians and the hospital responsible for the man’s death.

Despite the short period of time the man was in the hospital, his family would have faced significant medical bills, including tests, examinations, the cost of the room and any medications. They would also face funeral and burial expenses.

The family may have been interested in applying for a lawsuit loan from a litigation funding company to help them deal with their financial strain. Pre-settlement funding is emergency fast cash allowing plaintiffs the security of having funds on hand to pay all of their necessary bills, including mortgage, school loans, rent and car payments.

Life does not come to a complete stop because you are involved in a lawsuit, and it certainly does not wait for the lawsuit to pay off. Litigation funding provides the cash needed right away to cover living expenses while your case is being prepared and fought. There are no upfront fees involved in applying for a lawsuit loan, and litigation funding is without risk. If you lose, you do not owe the company anything. 

Qualification for the loan is based solely on the strength of the case, and no payments need to be made before an award is given to the plaintiff.

To learn more, visit Litigation Funding Corporation online at https://www.litigationfundingcorp.com/.

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.

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.”

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.

Untreated Hematoma Resulted in Brain Damage

February 23, 2018

A Georgia woman, who sustained brain damage after a neck operation, won $26 million after a jury found the hospital 100 percent liable. The patient had been admitted for an elective procedure to her neck. The surgery was successful. However, three days later the woman was admitted to the ICU complaining of pain, neck swelling and the inability to swallow.

Six hours passed before the doctor treated the woman for a suspected hematoma, despite ICU protocol requiring a patient be treated within two hours. The delay in treatment left the woman blind, with other physical disabilities and with permanent brain damage, according to the lawsuit.

While waiting for the medical malpractice lawsuit to go to trial, the woman may have considered applying for a “lawsuit loan.” A “lawsuit loan,” or litigation funding, is used to maintain financial stability until the case is heard. A lawsuit loan, also referred to as pre-settlement funding, is emergency cash sent to a qualified plaintiff who is working with a lawyer.

Litigation Funding Corporation can help victims and family members deal with the sudden, unexpected financial problems that arise after a personal injury. Applying for litigation funding is user-friendly, easily done by phone or through an online application. Once approved, the lawsuit cash advance helps the plaintiff pay ongoing living expenses, medical bills, utilities, rent or mortgage while waiting for an attorney to assemble a court case.

Applying for pre-settlement funding is a valuable resource because banks do not typically loan money to personal injury victims. Additionally, any money borrowed from a bank is a loan that must be paid back. With a lawsuit loan there are no upfront fees, no monthly payments and repayment of the cash advance is only made when the case is won. If the client loses the case, repayment of the cash advance is completely waived.

Litigation funding is often the only option a victim may have to prevent them from taking a settlement offer too soon and for too little. When bills and expenses are covered, it is easier to fight for justice to be served.

Medical Malpractice Claim Alleges Nude Photos Taken Before Surgery

February 9, 2018

A former Pennsylvania hospital staff member alleges operating room personnel took pictures of her nude while she lay on the operating table for hernia surgery. The patient filed a medical malpractice and invasion of privacy lawsuit.

According to the operating room staff, the pictures were taken as part of a running joke started by the plaintiff who had put fake intestines on her body before the operation. While the patient admits to partaking in the joke, she contends that she did not give permission for pictures to be taken during her surgery.

The explicit naked photos were shown to the patient and other hospital staff by one of the OR scrub nurses, who was subsequently fired. Court documents indicated that this misconduct had happened to other surgery patients in the past.

The lawsuit names the surgeon, the hospital and its chief executive officer as responsible for invasion of privacy and medical malpractice. The plaintiff also alleges medical negligence for using a cellphone during surgery. The state Health Department indicated the hospital was previously cited for violating policy on cellphone use in a sterile area due to the risk of introducing germs.

Filing a medical malpractice lawsuit is one way to obtain compensation for pain and suffering, lost wages and medical expenses. Legal action is also a way to hold medical professionals or institutions answerable for negligence. Waiting for the litigation process, however, may take years. If an injured plaintiff is struggling financially and unable to pay their bills, a “lawsuit loan” may be an option.

A “lawsuit loan,” also referred to as pre-settlement funding, is approved based solely on the merits of the lawsuit. The only requirement when applying is to ensure the plaintiff has attorney representation and provides required documents to assess the case.

The approved funds may be used in any way the plaintiff chooses. However, the lawsuit loan is usually used to pay pressing expenses, such as mortgage payments, rent, household obligations and medical bills. If the case is settled or proceeds to court and results in a win for the plaintiff, the pre-settlement funding is paid back from the proceeds of the settlement. If the case is lost, repayment of the litigation funding is completely waived.

Doctors Fail to Diagnose Pulmonary Embolism

January 8, 2018

An Illinois man died of a pulmonary embolism after surgery on his leg.

The 52-year-old man slipped from the cab of his truck in 2011, rupturing a tendon in his left leg. After an operation to repair it, he experienced swelling in the leg, chest pain, shortness of breath and tachycardia. For eight days in July 2011, physicians and a physical therapist did not recognize the symptoms of a pulmonary embolism and no tests were performed to rule that possible cause out. The man’s wife and two children filed a medical malpractice case that resulted in a $3 million verdict.

The jury in the case decided that the man would have still been alive if it was not for the doctors and physical therapist failing to recognize the clearly and easily recognized signs of a dangerous, life-threatening blood clot.

When filing a lawsuit, plaintiffs often believe the precess is straightforward; however, this is not always true. Filing a lawsuit and getting it to either a jury verdict or a settlement can put an enormous strain on a plaintiff’s finances. If a victim were dealing with escalating expenses, one option available to them would be to apply for a “lawsuit loan.” A lawsuit loan, also called pre-settlement or litigation funding, helps qualified plaintiffs pay bills and other expenses.

A lawsuit loan is a non-recourse cash advance to qualified plaintiffs and it permits the applicant’s attorney-of-record the time to build a case and work toward obtaining a full, fair settlement. There are no monthly or upfront fees, and no employment or credit checks. The lawsuit loan amount is based solely on the strength of the case. Repayment is required once the case is settled successfully. Should the case be lost in court, repayment of the pre-settlement funding is fully waived.

Surgeon Removed Half of Patient’s Pancreas Instead of Malignant Tumor on Adrenal Gland

November 28, 2017

A Texas medical malpractice lawsuit alleges an oncology surgeon removed half of a patient’s pancreas rather than a malignant tumor on the left adrenal gland.

A Dallas, Texas woman filed a medical malpractice lawsuit against an oncology surgeon for wrong-site surgery. Half of her pancreas was removed instead of a tumor on her left adrenal gland.

The woman was diagnosed in 2016 with neuroendocrine carcinoma and had malignant tumors on her left and right adrenal glands. Surgery was slated to remove the left adrenal gland and tumor. Her operation was done using the da Vinci Robotic System and her family was told the operation had successfully removed the tumor.

The recovering patient later found out the malignant tumor had not been removed but 40 percent of her cancer-free pancreas had been extracted instead. Due to the wrong site surgery, and serious injury to her pancreas, the woman was not able to have the operation to remove the tumor for several months later. A health care worker for 26-years, she is now unable to work.

Many plaintiffs do not realize all that is required in filing and settling a lawsuit; it is a process that often takes years. During this time, plaintiffs must continue to deal with all their usual bills, medical expenses and legal costs. As a result victims are often left with few options. Litigation funding may be the only solution to stay financially afloat.

Also referred to as a “lawsuit loan,” pre-settlement funding is a non-recourse cash advance to a qualified plaintiff that helps get them back on their feet financially. It also permits the plaintiff’s lawyer to pursue fair and equitable compensation. There are no upfront or monthly fees, no credit checks and the plaintiff does not have to be working when they apply. A plaintiff qualifies for a lawsuit loan based on the strength of their case. Repayment of the pre-settlement funding comes only when the case is settled successfully. If the plaintiff loses the case in court, repayment of the loan is completely forgiven.

Surgeon Allegedly Misses Signs of Infection After Routine Gallbladder Operation

June 30, 2017

A well-known folk singer died after a routine gallbladder operation. The singer’s family launched a medical malpractice lawsuit alleging the surgeon missed obvious signs of a postoperative infection.

The statement of claim alleged the singer’s doctor failed to order adequate antibiotics and discharged the patient too soon, despite the fact she had a fever. The plaintiff’s attorney suggested the errors resulted in a preventable death and that if the hospital and physician’s had adhered to the accepted standard of care, the singer would have remained in care. The patient died of sepsis at the age of 55.

During the trial, the plaintiff’s lawyer indicated to the jury that postoperative infection is very common with the type of surgery. The morning the performer was discharged, she had a temperature of 102 degrees, a sign, said the attorney, that should have prompted the doctor to determine the cause of the fever. Additionally, infection should have been of concern to doctor due to the singer’s weight and a lap band which was inserted in her abdomen, factors that increase the risk of infection.

The defense indicated the patient’s blood tests showed a normal white blood cell count and that her fever had come down prior to being sent home. Addressing the accusation that the defendant had not given the singer enough medication to fight her infection, the doctor indicated a growing concern among physicians that the overuse of antibiotics often results in bacteria resistant to most medications.

Many times there is a significant time gap between filing a medical malpractice, wrongful death lawsuit and its resolution or jury award. While the plaintiff is waiting for justice, they still need to pay their usual bills. When confronted with a large bill for medical costs, or faced with the knowledge they may never be able to go back to work, the best solution for the victim may be litigation funding.

A “lawsuit loan” or litigation funding is an emergency cash advance to assist in paying utility bills, usual daily living expenses or bills that have arisen as a direct result of an injury. Pre-settlement funding is given in advance against the potential settlement of the lawsuit. What that means is that litigation funding approvals are given without the victim needing to be employed or subjected to a credit check. The most important factor in advancing a “lawsuit loan” is the strength of the case.

If you feel that you have been the victim in a medical malpractice case, contact an experienced personal injury lawyer to determine your legal rights. Once you have decided to hire an attorney, you may apply for pre-settlement funding. Once your case is approved, litigation funding is sent by wire transfer or overnight mail within 24-48 hours. You pay only if you win your case. If you do not win your lawsuit, the cash advance you received is waived.

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